Senator Loffreda: Yes.

Senator Loffreda: Thank you for your question, Senator Gignac.

[English]

With respect, it doesn’t have any impact or implications on the Senate, but the budget implementation act is a confidence motion in the House, as we all know. I did move an amendment last week, which I knew would not pass, but I moved it as a matter of principle for my community and the minorities I represent. It’s not the point of moving an amendment. I believe we have the right to move amendments — but, in this case, I believe that it’s unnecessary.

As I said, I’m a fan of Senator Tannas and many of you here in this house. I’m privileged and honoured to be here. I pinch myself almost every day and say, “Wow. Look at where I am.” It’s a weak argument because the government plans on doing it anyway.

Including a two-year deadline should not be an issue or really have any consequences. It’s not static; it’s dynamic. Legislation is dynamic. We have a right of overview. We have a right to revisit the situation. We have a right to look at it again if it’s not done. I want to get the quote right, but it is former President Reagan who said, “Trust, but verify.” We will do that in the future. If it continues to be the case, we will act accordingly.

Today, however, I feel it’s unnecessary. Trust is the currency of every relationship. I do believe it will be done. I’m looking forward to that. Thank you for your question.

Hon. Tony Loffreda: Honourable senators, as sponsor of the bill, it will come as no surprise that I rise to speak against the amendment proposed by Senator Tannas. I’m happy to have more time to speak to Bill C-47, but I wish it was under different circumstances.

Thank you, Senator Tannas, for your comments. There is proof that optimists do live longer, happier lives. By the way, I loved “The Crown.” My wife, Angelina, and I loved it. In my business, though, we had no box. The priority was always on top.

Allow me to say a few words on why I oppose this amendment. First, as we all know, budgets are expressions of the policy priorities of the government of the day, and budget bills implement, in part, some of those priorities. By way of background information, the measure that appears in Division 39 of Part 4 of Bill C-47 is clearly listed on page 254 in annex 3 of the 2023 budget book. It says this:

. . . the government proposes to amend the Canada Elections Act to establish a uniform federal approach in respect of federal political parties’ collection, use, and disclosure of personal information in a manner that overrides overlapping provincial legislation.

I think most of us would agree — as did two of our committees through their reports — that changes to the Canada Elections Act probably deserves its own stand-alone legislation. I raised that issue in my speech yesterday.

Nevertheless, changes to the Canada Elections Act were announced in the budget, and I believe we must respect the government’s will. It is not inappropriate for these amendments to appear in the budget implementation act. In fact, Speaker Rota in the other place also judged that this was sufficient to meet the definition in their Standing Orders that this was germane to Budget 2023, and he did not designate the item for a separate vote during the marathon of amendments held last week.

Let me speak now to the policy rationale behind this measure. Federal political parties are key actors in a healthy democracy and help voters make informed choices through their engagement. Effective engagement requires federal political parties to collect a significant amount and variety of personal information. Canadians rightfully expect that all federal political parties will protect their personal information when it comes to the activities they undertake, such as canvassing, fundraising and polling.

The amendments in Division 39 seek to achieve two main objectives. First, they will empower the government with the authority to establish a uniform federal approach in respect of federal political parties’ collection, use, disclosure and retention of personal information.

Second, they will ensure that all federal political parties have consistent and appropriate national safeguards in place to protect the personal information of Canadians, which further contributes to broader efforts to protect Canada’s democracy.

This commitment is informed by an evolving privacy landscape, which Senator Colin Deacon skilfully addressed in his second-reading speech — thank you, Senator Deacon. It’s also informed by calls from subject-matter experts and growing expectations from Canadians with respect to the protection of their personal information. This measure dovetails with the spring 2022 ruling of British Columbia’s Information and Privacy Commissioner, which applied B.C.’s privacy legislation to include federal political parties. This creates an uneven playing field across jurisdictions, and could result in federal political parties having to handle data differently in every single provincial and territorial jurisdiction. This is obviously not tenable, and could restrict the ability of volunteers, elected officials and parties to engage with Canadians.

It’s also worth noting that the ruling of the B.C. Information and Privacy Commissioner is being challenged by all three major federal political parties represented in the other place: the Liberal Party of Canada, the Conservative Party of Canada, and the New Democratic Party of Canada. That consensus amongst parties demonstrates the importance of this measure.

Honourable senators, you may recall that in 2018, Parliament previously set out an exclusive, complete and uniform set of rules for the collection, use and disclosure of personal information by federal political parties. Parties are required to establish and comply with privacy policies that are regulated by the Canada Elections Act. There are six specific elements that parties must adhere to, including the type of information they collect, how they collect it and, perhaps most importantly, how they protect it. Employees of political parties must also be trained if they have access to personal information under the party’s control. This legislation confirms that it has always been the intention of the Canada Elections Act that voters across Canada benefit from the same set of privacy rules in federal elections, and that federal parties are not subject to provincial legislation.

It is worth pointing out that the matter before us was debated in the other place. The government’s intention, as I have described it, was confirmed in an intervention from the parliamentary secretary to the Associate Minister of Finance on June 7, when she said:

The changes that this bill makes to the Canada Elections Act confirm that Parliament has always intended that the Canada Elections Act should regulate uniformly, exclusively and comprehensively the federal political parties with respect to privacy.

Honourable senators, I’m told that the government is not stopping here. As set out in Bill C-47, the government has signalled and is committed to bringing forward additional legislative measures to ensure a uniform federal approach regarding the federal political parties’ collection, use and protection of personal information. This will further build trust in our democracy and increase protections of Canadians’ personal information.

Senator Tannas’s amendment suggests that this ought to happen within two years. I appreciate where he’s coming from — and I’m a fan, too, by the way — but I think an amendment is unnecessary. In fact, in my second-reading speech, I recognized that some senators may feel that this division is not robust enough, and does not go far enough fast enough. I even urged the government to make this a priority and not delay any further. Based on the government’s statements, I am confident that this will happen soon.

It is also a priority item for the Minister of Intergovernmental Affairs. As per his mandate letter, he’s been asked to consider the recommendations of the Chief Electoral Officer, which includes recommendations on protecting electors’ privacy and enhancing their confidence in how political parties manage their personal information.

I’ve been told that the government intends to bring legislative amendments on the subject as soon as possible. I am hopeful and, dare I say, confident that the framework for the future regime that Bill C-47 is proposing will soon see the light of day.

Legislation is not a static process. It’s not static at all; it’s dynamic. Trust, as I’ve always said, is the currency of every relationship. I think it was President Reagan who said, “Trust, but verify.”

We can always resist and revisit this issue in the future. There is nothing that impedes us from looking at this in the future, if it is not done. I feel that it’s not necessary at this point in time for many reasons. For the sake of brevity, you’ve all heard what it entails to amend a budget bill. I appreciate that the amendment before us would basically force the government to achieve concrete and permanent results within two years, but I think it would be inappropriate to put a legislative deadline on such an important matter. The government needs to get this right.

You referred to “The Crown,” Senator Tannas — in our business, we have to get it right. When someone would say that a client needs something, I would say this — and I’ve said it many times: “The client is going to be with us for a long time. We’re going to live with this for a long time. Let’s get it right.” An extra day won’t make a difference; an extra two days won’t make a difference; and an extra year won’t make a difference. We have to get this right, so I don’t believe a deadline is appropriate.

As honourable senators consider Senator Tannas’s amendment, I also want to point out, as we enter our final sitting week, or weeks — it could be weeks — the knock-on effects of an amendment to the budget implementation act could further delay its passage. I’m not suggesting that senators do not have the legislative authority to amend budget bills, but I am concerned that an amendment could delay the implementation of other measures contained in the bill. For instance, I think of the automatic advance payments of the Canada workers benefit, which seeks to deliver advance payments to lower-income Canadians who are struggling with the cost of living — we talk about inflation and the cost of living so often here. I will leave that for your consideration.

Once again, I thank senators for their attention, and I would humbly urge you all to vote against the amendment of Senator Tannas. Thank you. Meegwetch.

[Translation]