Bill C-54 (Historical)

An Act to amend the Canada Elections Act (accountability with respect to loans)

This enactment amends the Canada Elections Act to enact rules concerning loans, guarantees and suretyships with respect to registered parties, registered associations, candidates, leadership contestants and nomination contestants.

Motions in Amendment

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons and Minister for Democratic Reform]

moved:

Motion No. 1

That Bill C-29, in Clause 4, be amended by deleting lines 13 to 17 on page 2.

Motion No. 2

That Bill C-29, in Clause 5, be amended by replacing lines 29 to 35 on page 4 with the following:

“case of a candidate, the selection date as defined in section 478.01 in the case of a nomination contestant, the end of the leadership contest in the case of a leadership contestant, and the end of the fiscal period during which the loan was made in the case of a registered party and registered association, is deemed to be a contribution of the”

Motion No. 3

That Bill C-29, in Clause 5, be amended by replacing lines 32 to 35 on page 5 with the following:

“Officer shall inform the lender of his or her decision; furthermore, the candidate's registered association or, if there is no registered association, the registered party becomes liable for the unpaid amount as if the association or party had guaranteed the loan.”

Mr. Speaker, I am pleased to be bringing before the House once again the bill on accountability with respect to loans, former Bill C-54 now Bill C-29, which was reinstated at report stage, in the same form as at prorogation.

The hon. members will certainly recall that this bill amends the Canada Elections Act in order to establish stricter and more transparent rules for loans to political entities. These amendments will ensure a more responsible and transparent use of loans as a tool for political financing. In this regard, accountability and transparency are essential to maintain the confidence of Canadians in the integrity of the political process.

This bill is one of many measures taken by our government to improve democracy and accountability in Canada, in accordance with three major principles of democratic reform: reform of political financing, improving the electoral system and modernizing the Senate.

In the October 2007 throne speech, the government reaffirmed its intention to proceed with these reforms. Our dynamic legislative program of democratic reforms will make real and significant improvements to our democratic institutions.

I remind the House that the amendments proposed for the treatment of loans in Bill C-29 are an important measure to maintain public confidence in this institution and our democracy.

Canadians must have confidence that there is no opportunity for the wealthy to secure undue influence in our political process.

The measures in Bill C-29 follow closely on this government's achievements in the Federal Accountability Act to ensure greater accountability and transparency in political financing. The objective was to eliminate the undue influence of big money in politics.

Members will recall, however, that during the recent Liberal leadership campaign big money found a back door to undue influence through large personal loans well in excess of the legal contribution limit.

The amendments would mean that the same standards of transparency that currently apply to contributions would apply to loans.

By closing the loopholes that allow people to use loans to get around both the limits on contributions and the restrictions on their source, Bill C-29 will ensure that the reforms that have already been made to political contributions cannot be undermined by the abuse of loans.

I would like to remind the House of the measures that are included in this bill. First, the bill would put in place a uniform and transparent disclosure system for all loans to political entities, including the compulsory disclosure of loans' terms and conditions and of lenders' and guarantors' names. This measure would make loans more transparent and standardize the treatment of loans for all categories of political entity, which is not the case at present.

Second, the annual contribution limit for individuals established in the Federal Accountability Act would apply to loans as well. Loans and loan guarantees would be counted as contributions toward the $1,100 annual limit at the time they were made. This change would ensure that loans could not be used to circumvent the limit on individual contributions.

Third, only financial institutions and other political entities could make loans beyond that $1,100 limit. This change would mean that unions and corporations would now be unable to make loans consistent with their inability to make financial contributions. They could not disguise contributions as loans, which is a possibility under the current law.

Lastly—and I will come back to the importance of this proposal shortly—the bill proposes to tighten the rules for the treatment of unpaid loans to ensure candidates could not walk away from unpaid loans. Riding associations, or the guarantor if there is no riding association, would be held responsible for unpaid loans taken out by candidates.

In the previous session, the Standing Committee on Procedure and House Affairs devoted careful study to the provisions of this bill and, after recent deliberations, has reported it back to the House with amendments.

Several of these amendments are valuable additions to the rules governing the treatment of loans, because they make the system described in the bill more equitable.

Notably, a change has been put forward by government members and supported by our opposition counterparts to exclude from the annual contribution limit any portion of a loan that is repaid to the lender and any unused loan guarantees. The effect of this change is to allow a lender, whose loan has been repaid or whose guarantees have been unused, still to contribute up to the annual contribution limit.

A change has also been put forward by our former colleague from Vancouver--Quadra, Mr. Owen, to require the Chief Electoral Officer to hear representations from affected interests before making a determination about a deemed contribution. This change, although technical in nature, would ensure certainty and uniformity in procedural fairness in dealings with Elections Canada.

There was also an amendment to extend the period of time as to when an unpaid loan is deemed to be a contribution from 18 months up to 3 years. In the spirit of working in a minority Parliament, the government is also prepared to accept this amendment.

I commend these amendments to the House on the grounds that they improve the overall regime of political financing in the Canada Elections Act.

However, there were some unwelcome amendments from the committee.

At this time, I would like to give some credit to my colleague, the New Democratic Party member from Winnipeg Centre. He has been a strong supporter of this legislation and, in fact, championed it even before it was introduced. We appreciate the cooperation he has shown with us in helping to develop the bill and discussing it at every stage. In particular, I appreciate his cooperation and discussion on the issue of redressing the two unwelcome amendments that were proposed in committee but which the government proposes to reverse.

I thank him for the commitment he gave to this government that his party would support the effort to remove these amendments. These amendments cause the government concern because they undermine the regime that is presented in the bill. Therefore, we have put on notice, motions to amend the bill to restore certain important provisions that have been undermined by opposition amendments.

One of these unwelcome amendments provides that the contribution limits for leadership candidates be calculated annually rather than per contest, as is now the case. This change, if it were allowed, would allow contributors to bypass the legal limit on contributions to leadership campaigns if a candidate carried that debt over different calendar years or if the leadership campaign happened to overlap different calendar years.

That runs counter to the principle enacted in the Federal Accountability Act that contributions to leadership campaigns by individuals be capped at $1,100 per contest. The government considers this change unacceptable and proposes that the per event contribution limit be restored.

I appreciate again the support that the member for Winnipeg Centre has expressed to us on behalf of his party for that amendment. We are optimistic that, with the support of the New Democratic Party, we should be successful in restoring the provisions originally intended to achieve accountability and political loans on that level.

The second unwelcome amendment removed from the bill is the provision that a riding association would assume liability for the unpaid loans of an endorsed candidate. The change proposed by the opposition would allow political candidates to walk away from debts incurred in campaigns. This is contrary to the spirit of accountability in the bill.

This proposed opposition change would undo one of the most important accountability enhancements presented by the government for the treatment of loans, an enhancement that would create greater certainty about the responsibility for unpaid loans.

The original form of the bill, which we are seeking to restore, not only would ensure principles of financial accountability at the local level, but would also encourage local riding associations to work more closely with their candidates and their campaigns. Again, I appreciate the support and the commitment that the New Democratic Party member gave on behalf of his party to the government and to myself for our efforts to restore the bill to its original form on this issue of trailing debt from campaigns.

A similar rule applies at the provincial level of my home province of Ontario. Section 44(4) of the Ontario Election Finances Act provides that any eventual provincial candidate's financial deficit is assumed by the local riding association. This has worked very well in Ontario at the provincial level, and opposition concerns, which resulted in the provision being amended in our bill at committee, are clearly ill-founded based on the very successful practice experienced by all of the three major parties in Ontario in dealing with the bill.

The government is, therefore, proposing to restore the provision that a candidate's registered association, or registered party if there is no registered riding association, would become liable for the unpaid amount of a loan that a candidate does not repay.

Finally, I would like to point out that there is a technical amendment required to clause 5 of the bill. That clause was amended at committee and the language employed about when a loan is deemed to be a contribution ought to be made consistent with the defined terms used throughout the Canada Elections Act. We are, therefore, proposing that the language be clarified.

In all, these are amendments that are reasoned and principled and serve the overriding principle that accountability be strengthened for the use of loans as a political financing tool.

We are committed to cleaning up campaign finance. We are going to move to do that as we move forward--

Canada Elections Act

[The Speaker, Liberal, Peter Milliken]

The Chair is satisfied that this bill is in the same form as Bill C-54 was at the time of prorogation of the first session of the 39th Parliament.

Accordingly, pursuant to order made on Thursday, October 25, 2007, the bill is deemed read the second time, referred to the Standing Committee on Procedure and House Affairs and reported with amendments.

(Bill read the second time and referred to a committee)

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons and Minister for Democratic Reform]

moved for leave to introduce Bill C-29, An Act to amend the Canada Elections Act (accountability with respect to loans).

Mr. Speaker, pursuant to special order made previously, I would like to inform the House that this bill is in the same form as Bill C-54 was at the time of prorogation.

(Motions deemed adopted, bill read the first time and printed)

Resumption of Debate on Address in Reply

[Scott Reid, Conservative, Lanark—Frontenac—Lennox and Addington, ON]

Mr. Speaker, I regret to inform you that the riding I represent is actually Lanark—Frontenac—Lennox and Addington. While I love Renfrew county very much, as I used to cottage there as a kid, I do not have the good fortune to represent it. For what it is worth, I have not had a Speaker yet who has not screwed up the name of my riding in some way or another, so I will add this to the list.

I am here to talk today about our very exciting democracy agenda. Since this government came to power about a year and nine months ago, it has engaged in the most assertive approach to improving Canada's democracy of any government in the country's history. It is exciting to be a part of such a government.

I want to list some of the democracy measures that we have put forward and then I will talk in a little more detail about them.

If there is time, and I hope there is, I will be dividing my time with the member for Regina—Lumsden—Lake Centre.

We have had eight pieces of legislation that have dealt with democracy and I have divided them into three headings. It seems to me that there are three fundamental theme areas. We have dealt with greater accessibility to the polls for voters. We did that by putting forward legislation that created more advance poll days and more geographically dispersed advance polls allowing people, particularly in areas of the country where advance polls were not easily accessible, access to those advance polls thereby ensuring that we could help people to vote in greater numbers and with greater ease. Nunavut comes to mind as perhaps the best example of this.

We have put forward several pieces of legislation that deal with greater security of vote, greater transparency and honesty in our voting. Bill C-31, which essentially deals with electoral fraud, has put in new requirements for voter identification that will significantly reduce the potential for voter fraud in ridings. That passed with widespread support in the House of Commons. All parties, except the New Democratic Party, were enthusiastic in their support for it.

Bill C-2, the Federal Accountability Act, had provisions ending the role of corporate and union contributions in our electoral process. This is a very healthy thing for an open and transparent electoral process where money no longer plays a role.

Bill C-54, which dealt with election loans and the loophole that was exploited by so many Liberal leadership candidates in terms of getting loans and then finding ways to potentially get the terms of those loans rewritten after the fact, shut down that loophole. This is also a very important part of ensuring openness and transparency in our election financing laws.

The areas that I would like to concentrate on today are the four pieces of legislation that are working toward providing greater democracy in the most direct sense to our representative system: the legislation the government put forward dealing with the election of senators and with the creation of eight year terms for our senators, Bill S-4, which was presented in the Senate in the last term; the legislation, which was passed, creating four year terms and fixed election dates for the House of Commons, which removes the capacity of prime ministers to call elections when the polls are convenient, something that was used extensively by Mr. Chrétien when he was prime minister and had been used by other prime ministers in the past; and finally, Bill C-56, which introduces greater representation by population in the House of Commons.

I want to concentrate on greater democracy in the Senate and then greater democracy in the House of Commons, the two areas that are the most detailed proposals put forward by the government in this area of greater democracy.

Let me start with the Senate and the election of senators.

We talked about introducing in Bill S-4, the idea of eight year terms for senators. This was found to be constitutional in the upper House reference case of 1980 by the Supreme Court of Canada. The court indicated, in rough terms, the length of term would have to be fixed. There would have to be four senators in order to fulfill the constitutional obligation. Senators would be exempt from the kinds of pressures that re-election causes and that short terms could cause that might affect the voting patterns of an individual in either that House or this one.

I note that before the Liberals in the upper House decided to vote against this bill, the Leader of the Opposition indicated that he was perfectly happy with fixed terms. Therefore, we hope he can assert that love he had of democracy and bring his unruly senators into line when this bill is reintroduced.

The upper House was intended as a House of sober second thought, not of partisan second thought. The intention was not that the upper House become what it has become, a House of patronage.

In explaining the spirit of the bill, I wanted to make the point that the upper House has wandered very far from its original intention of being a House of sober second thought. Senators unfortunately are, as a rule, not appointed based upon their merits. They are appointed based upon their partisan affiliations.

Let me quote from former Senator Dan Hays in a presentation he made to a Senate committee on May 25 of this year. He made the following statement:

In the appointments made to the Senate by Prime Minister Mackenzie King, only two of the 103 were not Liberals. Under Prime Minister St. Laurent, only three of the 55 appointments were not Liberals. Under Prime Minister Diefenbaker, only one of the 37 appointments were not Progressive Conservatives. Under Prime Minister Pearson, only one of the 39 appointments was not Liberal. Under Prime Minister Trudeau, 11 of the 81 appointments were not Liberals. Prime Minister Clark made eleven appointments to the Senate and all were Progressive Conservatives. Under Prime Minister Mulroney, only two of the 51 appointments were not Progressive Conservatives. Under Prime Minster Chrétien only three of the 75 appointments were not Liberals. Under [the member for LaSalle—Émard], five of the 17 appointments were not Liberals.

The upper House has simply become a den of patronage and we are trying to break free from that. This is the point of Senate elections.

It is possible, I suppose, to consider abolishing the Senate. Our friends in the NDP have indicated that is their preferred approach. It is not my preferred approach. It is not the Prime Minister's preferred approach. Moreover it is a very difficult avenue to pursue because it requires the consent, depending upon which constitutional scholar one goes to, of either all the provinces, or at least seven provinces with half the population.

At any rate, it is a difficult avenue to pursue, but if it turns out that the other parties are unwilling to pursue elections to the Senate, it is clear that the abolition of the Senate is preferable to the approach of simply using it as a House of patronage, the pattern of course of previous governments, and in all fairness of both partisan stripes, in the past.

I want to talk for a moment about representation by population in the House of Commons. Bill C-56, introduced in the last session of Parliament, dealt with greater representation by population, a more equitable system in the lower House, and I am a great fan of this.

The representation by population formula that was incorporated in the original Constitution Act, 1867, has by reason of repeated amendment become less and less representation by population and more and more representation by population, with one exception after another. It was amended in 1915, again in the 1940s, in 1952, in the 1970s, in 1985, and each time it moved further and further from one person, one vote, the equality of voting, regardless of the riding or the province in which one lived.

This has produced the situation that there is now great disequilibrium. The bill attempts to bring back a measure of representation by population. It would introduce new seats for Ontario, Alberta and British Columbia. In the cases of Alberta and B.C., they have been brought right up to equality with the level that Quebec is at, essentially at the national medium number in terms of electors per MP.

Ontario would be below that, but far further ahead than they are now, and this is a major step, for the first time, in the direction of returning to the spirit of rep by pop that was part of the original Confederation deal for the lower House.

Resumption of debate on Address in Reply

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons and Minister for Democratic Reform]

Mr. Speaker, I am very pleased to open the debate on today's theme from the throne speech: strengthening the federation and our democratic institutions.

We have a great, united country whose foundation is a solid federation and a living democracy. In fact, federalism and democracy have gone hand and hand throughout Canada's history.

Our country's history is one of people joining together to achieve great dreams thought impossible by the pessimists, but it is also a history of people who, through accommodation and respect, build practical, workable approaches allowing remarkable progress to unfold.

The project of Confederation was about bringing together the different regions into a strong and united country based on democratic practices and the rule of law. Sir John A. Macdonald, George-Étienne Cartier and the Fathers of Confederation, through strong leadership united Canadians in a federal union which would deliver a future of security and prosperity for the country as a whole. Their vision was strong and enduring, a firm foundation on which successive generations have built.

Our government is continuing this nation building project today with our commitments for strengthening the federation and our democratic institutions. Strong leadership and a better Canada: that is our objective.

I would like to spend my time today discussing the progress we have already made in this area and highlighting our plans for this new session of Parliament.

Our government made a commitment to practise open federalism, and it is taking steps to ensure that our country is prosperous and united.

Our approach is not new, but it is based on the very principles underlying Confederation.

The union was based on a simple concept: the division of powers between the federal and provincial governments. The objective was not to have a weak, passive federal government, but a government that would respect the provinces' areas of jurisdiction.

Provincial governments are closer to their citizens and are well positioned to determine local needs and aspirations. In contrast, the federal government is well placed to protect the national interest in pursuit of the common good of the country as a whole. As the project of our Confederation first became committed to paper in the Quebec Resolutions of 1864, this approach was clear:

In the Federation of the British North American Provinces, the system of Government best adapted under existing circumstances to protect the diversified interest of the several Provinces, and secure efficiency, harmony and permanency in the working of the Union, would be a general Government, charged with matters of a common interest to the whole country; and Local Governments...charged with the control of local matters in their respective sections.

The steps we have taken recently and the measures we plan to take to create a federalism of openness will produce unprecedented efficiency, harmony and stability in the union, as the Fathers of Confederation envisioned many years ago.

Our federalism of openness means respecting provincial areas of jurisdiction, and that, in turn, means two things. First, a federal government that shows leadership in its areas of jurisdiction. Second, a federal government that unites the country by introducing fair, respectful intergovernmental policies.

We have shown strong leadership in areas of federal jurisdiction, such as strengthening our economy by cutting taxes and helping families, in the process paying down billions on the debt and achieving the lowest national unemployment rate since I was a child; in international trade with the resolution of the softwood lumber dispute; in defence with our leadership in international aid efforts in Afghanistan; and in public safety and security with our agenda for making communities safer by tackling crime.

In the new session this leadership will continue with measures to strengthen Canada's economic union through internal free trade among the provinces; a commitment to action in protecting Canada's sovereignty, particularly in the Arctic; continued pursuit of a safer Canada beginning with the comprehensive criminal justice reforms in our Bill C-2, the tackling violent crime act.

We have treated the provincial and territorial governments with respect, which has strengthened national unity. To restore the fiscal balance within the Canadian federation, we have increased the main federal transfers and introduced a new stable, reliable, fair funding formula. We have helped build a better Canada with our historic recognition that Quebeckers form a nation within a united Canada.

Our 2007 budget contained an unprecedented long term commitment to rebuild Canada's infrastructure, amounting to a total of $33 billion over the next seven years, the largest federal investment in Canadian infrastructure in over half a century.

During this session, we will introduce a bill to place formal limits on the use of the federal spending power for new shared-cost programs in areas of exclusive provincial jurisdiction. This bill will formalize the commitments our government made in the 2006 and 2007 budgets, because it will specify the limits on federal power.

In keeping with how we see open federalism, our bill will also allow the provinces and territories to opt out of new shared-cost programs with reasonable compensation if they offer compatible programs. In addition to recognizing the provinces' and territories' ability to provide programs in their specific areas of responsibility, our bill will enable Canadians, wherever they live, to receive services comparable to those available under national programs.

Our diversity as a country serves as a source both of strength and innovation. Through our actions in open federalism, including equitable and predictable funding and clarified roles and responsibilities in our federation, we are offering a principles based approach on which all orders of government can continue to work into the future.

The vision of Macdonald and Cartier of a country united from east to west, of new Canadians and old, French and English, country and city, together dreaming great dreams and building a brighter future is alive and well and has a place deep in the heart of our government in 2007.

However, our Confederation must be more than the sum of its parts. The federal government must act as a leader in keeping the country strong and united and as a model for democratic values. To perform this leadership role, the democratic underpinnings of our government must be solid in order to continue to meet the expectations of the Canadians we serve. Our initiatives in the area of democratic reform demonstrate our government's leadership in this area. Nowhere is this more evident than our efforts to modernize our central democratic institution, a federal Parliament where the representation of both popular and provincial interests are united within the federal legislative process.

Since Confederation, Canada's Parliament has served the democratic interests of Canadians well, but the government must take action to ensure that this institution, which is the cornerstone of our representative democracy, remains strong, vibrant and adapted to the needs of Canadians in the 21st century.

Our bicameral Parliament includes two houses, the lower house here which is comprised of elected representatives of the citizens of this great country originally founded on the fundamental principle of representation by population, and the upper house which was designed to represent the regions of the country to act as a chamber of sober second thought.

However, in the contemporary era, the Senate has been unable to credibly fulfill its role as an effective representative of the regions in the federal legislative process due to fundamental concerns with legitimacy and effectiveness of that appointed and unaccountable chamber. As for the other chamber, this one, the distribution of seats in the House of Commons has shifted too far away from the principle of representation by population, resulting in the unfair under-representation of the fast growing provinces.

Our government has already taken measures to address this situation as we promised during the last election with BillC-56 introduced in the last session to enhance the principle of representation by population in the House of Commons and give fast growing provinces the representation that their population merits, and by Bills S-4 and C-43 introduced in the last session to begin the long overdue project of Senate reform.

I would like to spend a few moments discussing Senate reform. It is a priority of our government that is urgently needed to modernize our federal Parliament. We put forward an agenda for the Senate reforms that is practical and achievable. As stated in the Speech from the Throne, we will continue to pursue this agenda with the reintroduction of two important bills.

The Senate tenure bill proposed a uniform fixed term for senators of eight years. Rather than leave the length of tenure as long as 45 years, as it is currently, our bill proposed that senators be appointed to a fixed term of eight years. This is a change that would bring renewal and relevance to the Senate. This change would improve the effectiveness of the Senate. It would ensure that senators' terms were long enough for them to gain the expertise and independence necessary to act as a chamber of sober second thought, but at the same time it would ensure that the terms would not be so long as to undermine the legitimacy and credibility of the Senate as a modern institution in what we seek to declare to be a democratic country.

Unfortunately, the current unelected unaccountable Liberal senators spent over a year delaying this legislation before they finally took a decision to not take a decision. This action alone, or inaction more accurately, demonstrates clearly that the Senate must change. Its current form does not function well on this issue, or at all.

As I stated, our government intends to reintroduce the Senate term limits bill this session. I hope that the summer recess gave opposition senators some time for that sober second thought in relation to their position of inaction on this bill where they have refused to exercise their constitutional obligation to vote on the bill.

Our second Senate reform, Bill C-43, offered a means for democratizing the Senate by providing Canadians an opportunity to choose and advise who they want representing them in the Senate. It would provide for the first time an opportunity for voters across this country to have a democratic say in who sits in their Senate. This should hardly be a difficult principle to embrace in a 21st century western democracy. It would provide greater legitimacy and credibility to the work of the Senate as a democratic institution.

I was extremely pleased to attend the swearing in of Senator Bert Brown last week. He of course was popularly elected by the people of his province. I hope that we can look forward to the day when the Senate appointment consultations bill becomes law and all senators arrive in Ottawa with a democratic mandate.

As the Prime Minister has indicated, when the Senate consultations bill is reintroduced, we will be sending it to committee before second reading so that collaboration can begin on this important step toward a democratic Senate.

There are some who have suggested that governing parties of the past could maintain the status quo in the Senate out of self-interest, that we could benefit from the patronage appointments to be made and stack the chamber with partisans who would serve for decades. Our government believes that the Senate should be a democratically elected body that represents Canadians. So far, we have taken concrete steps toward that vision and they are steps that are achievable in the short term. What is more, surveys show that our agenda for term limits in a democratized Senate is strongly supported by Canadians. Surely in a democracy this above all should be a key indicator of what constitutes a good democratic reform.

The Senate must change. If it cannot be changed, it should be abolished. In its current illegitimate form the Senate does nothing to enhance our democracy, even as we aim at the same time to promote democratic values abroad.

I would now like to address a second element of the democratic reform program that we will continue to implement during this new session of Parliament: strengthening the electoral system.

A strong democracy requires both modern democratic institutions and an electoral process with integrity that inspires confidence among voters.

We have already introduced a number of measures that were passed in the last session to improve elections, which were broadly supported.

For example, Bill C-2, the Federal Accountability Act—the first legislative measure we introduced—fulfilled our campaign commitment to clean up political funding. We levelled the playing field by banning donations from companies and unions, as well as large and secret donations, so that ordinary Canadians can contribute to the political process knowing that their donations will really count.

Bill C-4 was the first bill passed in the last session. We acted quickly to ensure that the party registration rules would not sunset and that those registration rules would remain in effect at all times.

With Bill C-16, setting dates for elections, we have established a four year electoral cycle, preventing snap elections from being called solely for the partisan advantage of the governing party.

As a result, after this House provides a mandate to govern when it approves the throne speech on Wednesday, we can look forward to the next election, now set in law to take place October 19, 2009.

In Bill C-31, we implemented wide-ranging recommendations of the procedure and House affairs committee for improving the electoral process, including important measures for reducing the opportunity for voter fraud, such as a voter identification procedure for federal elections.

In addition to these bills, which are now law, we introduced additional election reforms that did not have an opportunity to pass before we prorogued.

Building on our political financing reforms in the Federal Accountability Act, Bill C-54, our new bill to clean up campaign financing, proposed bringing accountability to political loans by eliminating loans as a means for circumventing contribution limits and establishing a transparent reporting regime for campaign finance.

Building on a number of measures for improving voter accessibility, Bill C-55, our expanded voting opportunities bill, proposed additional advanced polling days to enhance opportunities and encourage higher voter turnout.

During the second session of Parliament, our government will continue to strengthen the electoral process.

As stated in the Speech from the Throne, we will introduce measures that will enable us to confirm the identity of voters by requiring them to uncover their faces before voting. Like our other reforms, this concrete measure will improve the electoral process for all Canadians.

Public concerns raised about this issue during the September 17 byelections made it clear that we must act.

During meetings of the Standing Committee on Procedure and House Affairs in September, all parties approved the decision to prioritize resolving this issue.

Our government will act quickly to resolve this issue, and I hope that I can count on the support of all members of Parliament to give Canadians the strong, fair electoral process they expect.

There is so much that makes Canada great. We are mindful of the valuable legacy bestowed upon us by the visionary leadership of Sir John A. Macdonald, George-Étienne Cartier and the Fathers of Confederation when they rendered the blueprint for what has proven to be the best country in the world. But it is our strong foundations that enable us to continue building a better Canada that is a leader in the world.

Those foundations are our federal state and our democratic spirit, but we also know, as did those Fathers of Confederation, that as the world modernizes, so must Canada. That is in fact the spirit of Confederation. It is that spirit that leads us to seek ways to strengthen our democracy and improve accountability to Canadians. We must be a democracy worthy of that name in a 21st century world.

Our government has already put forward a full agenda to fortify and modernize our federation and democracy, and we will continue to do so this session. We invite all parties in the House to join us as we build a stronger Canada with a brighter future for the generations that will follow.

[Jay Hill, Conservative, Prince George—Peace River, BC]

So that answers the question about the cost of having these extra days.

Mr. Chair, far be it from me to jump in here and defend your decision to have this legislation and the minister before us, but I clearly recall at the last meeting, which was only yesterday—I don't have a long memory, but we had that special meeting yesterday to deal with Bill C-54. At the end of it, I recall you saying something to the effect that tomorrow we would have our regular Tuesday meeting at 11 a.m., and the minister would be appearing to discuss this piece of legislation. You asked if anybody had any concerns, and nobody did. So for Mr. Proulx's benefit, that's how I remember the conversation yesterday. There was notification of the events of today.

Rather than suggesting that the government or the minister is trying to suck and blow at the same time, I look at it a bit more positively—instead of always looking at it in a negative way when it comes to government legislation. I'd like to maybe use a different adage, something like we're offering Canadians the best of both worlds with this legislation.

As Mr. Proulx quite correctly stated, some people might consider it an affront to their religious convictions to vote on a Sunday. But they don't have to. They can still vote on the regular election day on Monday, in one of the other advance polls, or by attending Monday to Saturday at the returning office. So they have a lot of options as well. We're not trying to do anything negative here. I think this offers more choice.

I always believe that politics is the art of the possible, so we have to sometimes do what's doable. I guess I'm referring now to Mr. Dewar's comments about lacking vision. For the 14 years I've had the privilege of being in Parliament I've heard criticism about making any reforms to our democratic institutions because it would be piecemeal. We used to hear that all the time from former Prime Minister Paul Martin. Any time we wanted to see any changes made to either the House of Commons or the Senate of Canada, he would say he didn't want to do it piecemeal. That was an excuse for doing nothing.

Now that we're trying to make some incremental changes we're being accused of not having a vision, or cobbling this together and maybe getting ourselves into a mess that way. If we're ever going to change things around here we have to start somewhere. That's why I refer to my earlier comment about politics being the art of the possible. We want to make some changes, and I think Canadians are expecting us to make some changes. That doesn't preclude us from making more dramatic changes as we go along, and I think that was Mr. Dewar's point. I don't think this is the be-all and end-all. Nobody is saying it is, but it is a step.

I'd like to give whatever time I have left to the minister to respond, instead of using the whole five minutes for myself.

Procedure and House Affairs

[Gary Goodyear, Conservative, Cambridge, ON]

Mr. Speaker, it is an honour to stand today and present the 56th report of the Standing Committee on Procedure and House Affairs. I must say that the committee worked very hard this year and I want to thank all members. It was a very cohesive and hard-working committee and all the peripheral staff worked so hard getting a number of things done. Indeed, this is our 56th report.

The report is regarding the order of reference of Monday, May 28, 2007, Bill C-54, An Act to amend the Canada Elections Act (accountability with respect to loans). The committee considered the bill in great detail, heard from a number of witnesses and experts and reports the bill with some amendments.

Canada Elections Act

[Tom Lukiwski, Conservative, Parliamentary Secretary to the Leader of the Government in the House of Commons and Minister for Democratic Reform]

Mr. Speaker, I stand to speak in support of not only Bill C-31 but the majority of the amendments that we have seen coming back from the Senate.

First, I would say that while Bill C-31 is important, it is only one in a suite of democratic reform initiatives that the government has brought in. We have seen, for an example, very important democratic reform initiatives such as fixed election dates which is Bill C-16. It passed and has come into force. It states that the third Monday of October 2009 will be the date for the next general election unless of course by some strange occurrence the combined opposition determines that it wants to have an election before that date.

That was the first initiative that we brought in to try to ensure Canadians that there would be some consistency and regularity in the timing of federal elections. Far too often we saw political parties in power manipulate the voting system to their advantage. In other words, we saw parties in previous years take a look at the polling numbers and if they determined that it would be to their advantage to have an election earlier rather than later, because the polls happened to be advantageous for them, they would call an election at that time.

Subsequently, we saw both federally and provincially from time to time governments of the day go well beyond a traditional four year voting window because the polls were not quite a favourable for them during that four year cycle. What we are doing with Bill C-16 is ensuring that all Canadians will have some certainty as to the timing of federal elections and I think that is a good thing for democracy. I think it is a good thing for Canadian voters.

Also, however, we saw several other initiatives with respect to democratic reform. We saw bills come forward dealing with expanded voting opportunities in an attempt to get more and more voters to turn out at the polls. As I said in that debate, we have seen over the course of the last two decades or so a decline in voter turnout year after year, or at least election after election.

I think that is a reflection of many factors, the overall probably being the cynicism that most Canadian voters have with the political process per se. What we are trying to do, by presenting a bill that will give increased and expanded voting opportunities for all Canada, is attempt to raise the level of voter turnout because.

I think that we all agree, regardless of our political affiliations, that it is incumbent upon all Canadians to express either their opinions come election day or at least exercise their franchise because if we ever got to the point where we had less than 50% of the people in the country who were eligible to vote electing a government of the day, that would be truly a sad day for the democratic process.

We have also seen other examples of our democratic reform initiatives. Just today in committee we dealt with Bill C-54 on political loans and how we can ensure that all loans given to candidates over the course of an election are done in such a manner that we can ensure accountability and transparency. I think that is a very important initiative, again, one of a suite of initiatives we brought in.

There will be further democratic reform initiatives as we go forward in the course of the government's life cycle. Today I want to speak specifically to Bill C-31, the voter integrity bill. I think there is no greater fraud that could be perpetrated on Canadians than that of an individual voting in a federal or provincial election who pretends to be someone that he or she is not. In other words, I think there could be no greater fraud than someone trying to influence the election results by fraudulent manners. That is what the bill deals with.

In committee, we dealt with many of the things that we felt needed to be corrected to ensure that there was greater accountability, transparency and greater integrity in the voting system. Primarily we talked about things around identification where all voters now, once the bill becomes a law of the land, will be required to show sufficient identification at the polling station to ensure that they are who they purport to be because we have heard on many occasions many examples of individuals fraudulently voting in individual elections.

Anything that we can do, as a House and as individual members of Parliament, to stop that abuse of the voting system is extremely well intentioned and I think will be well received by the voting public. We dealt with that and many other issues of which my hon. colleagues who proceeded me in this debate spoke about.

Primarily, we came up with what we thought was a bill that would accurately reflect the intention of the committee. The committee worked long and hard on the bill and at the end of day when we reported back to this House, we felt that we had a bill which would capture all of the suggestions and recommendations of committee members who dealt with the bill over a period of several months.

However, as is normally the case, and it seems at least these days it is normally the case, when our bill went from our place to the Senate there were additional discussions and additional amendments. While some of the amendments from the Senate are ones that we have some question about, I am pleased to report that the vast majority of the amendments that were made in the Senate will be agreed to, at least by this government.

We are doing so in a manner which we believe we can get the bill passed into law before we rise for the summer because in a minority situation, the length of a minority government is tenuous at best. If we happen to have an election within the next six months or so, we want to ensure that we have a bill that deals with these very important issues, so that we can ensure that voter integrity is at the utmost, that we dispel and dispense with any kind of attempted fraud in the next election that will be held, whenever that may be.

I want to speak for a few moments on the amendments brought back from our colleagues in the Senate. There were about 12 amendments in total but they fit into about five broad categories. The first one deals with what is generally known as bingo cards. Most of us in this House and any politician who has ever run for elected office is familiar with the concept of bingo cards. For those Canadians who may be somewhat confused about what a bingo card has to do with an election, let me explain.

Every political party, certainly every candidate, wants to track their supporters and whether or not they are supporters that they have identified during the preceding number of months leading up to the election and actually come out to the polls and vote. From time to time there are very close election races throughout Canada. When I was first elected in 2004, I was elected by a whopping majority of 122 votes.

One of the elements that really helped my election in that very stressful time was the fact that we had a very good voter identification program within my riding association and within my campaign team. On election day we had a very good “get out the vote” team which tracked people who came into the polling station, find out which of my supporters had not yet made it to the polls, and we brought those people for the most part to come in to vote. Close to 80% of my identified vote actually cast ballots in that election of 2004.

The use of bingo cards is a mechanism by which we can track the voter turnout. As the name suggests and anyone who has every gone to a bingo hall and played a game knows there are cards with numbers from 1 through 400. When scrutineers go into an election or polling station they are able to mark off on the bingo card the number of the voter assigned to them on the electoral list to ensure that everyone in our campaign team, or get out the vote team, understands who has, and more importantly, who has not voted.

From time to time during the day our scrutineers would go in and pick up these bingo cards from the inside scrutineers, take them back to GOTV headquarters, and phone voters who had not yet made it out to the polls in an attempt to make sure that all of our supporters understood the importance of their vote in that election.

What we are saying in this provision, at least what Bill C-31 purports, is that the bingo card concept be formalized and that Elections Canada be tasked with the responsibility of developing a standardized bingo card that would be available for all political parties and all candidates, so they could use the same get out the vote techniques that most candidates and most political parties have been doing informally over the course of the last number of years.

We see this being an asset to the political process because it helps engage all or potential voters by getting them out to vote. Yes, some of them might need a slight kick in the rear end from some of the GOTV members, but if we can at least increase the voter turnout we will have done a great service for the democratic process. So the amendments that the Senate brought back in with respect to bingo cards are ones that we agree with.

What are those amendments? Primarily, they say that in the original report coming from this place bingo cards should be available and updated every 30 minutes, so that candidates and political parties would be able to go into polling stations every 30 minutes to pick up the bingo cards and take it back to their GOTV headquarters and start their phone backs.

What the Senate has amended is that during advance polls these bingo cards need only be picked up once a day. That makes perfect sense to me. The time a candidate wants to know is on election day what the voter turnout is like. So that every 30 minutes during an advance poll is almost a bit of overkill. It is certainly not required. Therefore, I think it was a very useful, a very serviceable amendment to suggest that bingo cards during those four or five days that advance polls are open need only be picked up once a day and we agree with that.

That segues nicely into the second major classification of amendments and that deals with coming into force provisions. Primarily, we only have one problem with any of the coming into force provisions as amended by our colleagues in the Senate. That again deals with bingo cards.

What it suggests is that electoral offices be given 10 months to develop these bingo cards themselves and come up with a standardized format that would then be available for use by all parties and all candidates.

We feel that 10 months is too long. We believe that this bingo card format can be structured, developed and printed within a six month period. Therefore, we will be putting our new amendment that we will send back to our colleagues in the Senate, and we hope that they support it, suggesting that the only amendment we wish to make on its amended bill is that the coming into force provision for bingo cards would be six rather than 10 months.

I think that is a very legitimate and reasonable amendment for us to be making. We say that because again in a minority government one never knows how long such a government will last. In other words, if this bill is given royal assent before we rise for the summer, that means if we have an election before December bingo cards would not be available, but if any election is held from 2008 on we will have bingo cards available for all candidates. We think that is reasonable.

Again, the only change to the amendments that the Liberal dominated Senate has made is that we will have a six month window rather than a 10 month window for the bingo cards.

The third provision that is captured by amendments in the Senate deals with casual election workers. Again, as we know in a minority government situation we need a lot of casual workers who work from election to election to election on standby because there can be an election held at any time.

Currently, the Public Service Employment Act contemplates that casual workers and the broad category of casual government workers could only be classified as such if they work 90 days or less in any calendar year.

We felt that was too tight of a time line because if there happened to be two elections in one year, clearly 90 days would not be enough time for a casual worker to do both elections. Thereby, they would fall outside of that 90 day classification.

What the Senate committee had discussed and amended was that the provision now read that 165 days be the length of time that casual workers would be classified still as a casual worker within the Public Service Employment Act. We think that is reasonable and we are certainly willing to agree to that amendment and recommend that the amendment be passed in this House.

The fourth provision is one that I know will take a fair amount of time. I see that the time—

[Bernard Bigras, Bloc, Rosemont—La Petite-Patrie, QC]

Can we perhaps ask our experts if Bill C-54 allows for the possibility of an individual borrowing without a limit on behalf of another entity?

If someone can go to the bank and borrow as much as he likes, the responsibility for the debt should be his rather than the political organization's. Otherwise, that organization could find itself vulnerable. Is this not the real problem that we have to solve in Bill C-54?

[Michel Guimond, Bloc, Montmorency—Charlevoix—Haute-Côte-Nord, QC]

Thank you, Mr. Chair.

Without wishing to take shots at my colleagues in other parties, I point out that this is the Bloc Québécois' only amendment. We preferred quality to quantity.

I just want to tell you that Bill C-54, as presently written, says that if a candidate cannot pay back a debt, it is the political party, if there is no registered riding association, that assumes the responsibility for paying the amount owing, just as if it had guaranteed the loan. So the party would lose all control over loans negotiated by candidates.

By way of analogy, imagine that I was allowed by law to borrow as much money as I liked. If the bank manager asked me who was guaranteeing the loan, I could say that it was my cousin across the street. I have not discussed it with him, but he ends up as the guarantor. As it stands, with the present wording, the responsibility lies with the political party. The aim of the amendment is to remove that provision. I hope that my colleagues will vote in favour.

[The Chair, Conservative, Gary Goodyear]

Colleagues, let's bring our meeting to order.

There are a couple of things I want to mention at the start.

The agenda for today lists the meeting as being from eleven o'clock until one o'clock. I just want to bring it to your attention that we do have the room until two o' clock, if we need it. The committee did vote on extending to three hours all the meetings—including today's—that were necessary this week, so a slight error there. I'm just bringing it to your attention, then, that this meeting is scheduled to go until two o'clock, if necessary. As a result of that, of course we do have lunch coming, so not to worry; there will be lunch arriving as needed.

Colleagues, once again, pursuant to the order of reference of May 28, the committee will continue its study on Bill C-54. As decided by the committee last week, we will now commence clause-by-clause. I should remind you that this meeting is being held in public.

To the officials, I thank you for coming out again. We certainly appreciated your visit last week, and will potentially more so today.

I would now ask you each to introduce yourselves and give your position.

Business of the House

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons and Minister for Democratic Reform]

Mr. Speaker, I will be happy to address that in the affirmative in a moment but there is more that we should know about in terms of the business we are doing.

We will continue today with Bill C-42, the quarantine act, Bill C-58, the railway transportation bill and Bill C-21, An Act to amend the Criminal Code and the Firearms Act (non-registration of firearms that are neither prohibited nor restricted).

Tonight we have the emergency debate pursuant to Standing Order 52 that the Speaker has determined should proceed.

On Friday we will call Bill C-33, the income tax bill and Bill C-6, the aeronautics bill.

Next week is got the job done week when the House has completed the nation's business for this spring's session. During the got the job done week we will continue and hopefully complete the business from this week, as well as some new legislation and legislation that will be out of committee or the Senate.

The list of bills that are currently on the order paper, in addition to those I have identified for this week that I would like to see completed by the House before the summer recess are: Senate amendments to Bill C-31, An Act to amend the Canada Elections Act and the Public Service Employment Act.

There are also the following bills: Bill C-32, An Act to amend the Criminal Code (impaired driving) and to make consequential amendments to other Acts; Bill C-44, An Act to amend the Canadian Human Rights Act and Bill C-53, An Act to implement the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention).

Another bill includes Bill C-54, An Act to amend the Canada Elections Act (accountability with respect to loans).

By the end of next week, Canadians expect that the Senate will have completed its consideration of budget Bill C-52 without any amendments so that they can relax for the summer with the knowledge that $4.3 billion in the 2006-07 year end measures will be in play.

If there are amendments, we will have to be here in the House to respond and protect measures that might otherwise be lost, such as a $1.5 billion for the Canada ecotrust for clean air and climate change; $600 million for patient wait times guarantees; $400 million for the Canada infoway; $100 million for the CANARIE project to maintain the research broadband network linking Canadian universities and research hospitals; $200 million for protection of endangered spaces; and much more.

[Gilbert Gardner]

Unless I misinterpreted Bill C-54, and unfortunately for Ms. Dion, there is no proactive measure to encourage women to enter politics. Bill C-54 has no bearing on this very laudable objective.

The bill states that from now on, loans will not be granted by financial institutions, period. It does not deal with limits on expenses, or limits on expenses relating to leadership races. Such measures may have been included in Bills C-2 or C-31.

I don't want to give anyone false hopes. There are no proactive measures for women in this bill, and nothing that would ensure a more equitable treatment. We must not be under any illusion that C-54 will provide that type of advantage. Personally, I will have no hand in that.

[Tom Lukiwski, Conservative, Regina—Lumsden—Lake Centre, SK]

Thank you, Mr. Chair.

I would just like to ask a couple of questions further to what Madam Redman was inquiring about. Some of the questions I had have already been answered, but this is with respect to Mr. Hébert-Daly's recommendation that if a debt is to be transferred ultimately to the registered party that the registered party has to give their agreement to the electoral district association to absorb or to accept that debt.

I'm just wondering, in terms of mechanics, how you see that working--by having an agreement in advance in writing, for example, prior to the campaign's starting? Subsequent to that, what consequences or what difficulties might occur? Or do you foresee a situation in which the registered party might say “No, we're sorry, but we do not agree to accept the debt should you default”? I'm just wondering how this whole thing would work, because you mention that it could be enacted in Bill C-54, and it probably could. I'm just a little fuzzy as to exactly how the mechanics of this whole relationship would work. I would like to get comments from the other parties as well, if you please.

[Michel Guimond, Bloc, Montmorency—Charlevoix—Haute-Côte-Nord, QC]

With respect to Ms. Dion, we would all like to have a 52% female representation in the House of Commons, since women make up 52% of the country's population. I think that is only logical.

I am in charge of my party's nominating committee for the next election. This responsibility was given to me by my leader. It involves a fair number of meetings and discussions to try to interest more women in running for office.

I have two questions for you. First, are you saying that money is the only thing that is preventing women from entering politics? I know that Bill C-54 is intended to eliminate financial obstacles. Would more women run for political office if these obstacles were eliminated?

Second, I had a look at the membership of your advisory board. Apart from Senator Lucie Pépin, the former President of the Advisory Council on the Status of Women, who is very credible, do you have any statistics to show how many women are involved in politics at the individual provincial level, or do you only have federal statistics?