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

This bill was last introduced in the 39th Parliament, 1st Session, which ended in October 2007.

Sponsor

Peter Van Loan  Conservative

Status

Not active, as of June 19, 2007
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

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.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Canada Elections ActGovernment Orders

June 12th, 2008 / 4:15 p.m.
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Bloc

Bernard Bigras Bloc Rosemont—La Petite-Patrie, QC

Mr. Speaker, what was vital and remains vital is that we prevent them from doing indirectly what they cannot do directly. That was vital.

Bill C-29 contained amendments proposed by the Bloc Québécois under former Bill C-54. One of the amendments was that the Bloc Québécois was strongly opposed to the political party being held responsible for the liabilities of its candidates, even though the political party was not a party to the contract between a candidate and the bank. Thus, at report stage, the Bloc Québécois—if I am not mistaken—introduced an amendment which, as the member said, was rejected by the Conservatives and the NDP. The attitude of those political parties with respect to this amendment is rather suspect because there had been a debate and it was a question of transparency. We must ensure—and I am going to the trouble of repeating it—that we cannot alter or get around the limits established by obtaining loans from individuals.

Thus, from this point forward, the law could guarantee that only financial institutions can enter into contracts with candidates. The intended purpose is to have a very transparent process. In Quebec, we are proud of the political party financing act, which resulted in greater transparency in our democracy.

Canada Elections ActGovernment Orders

June 12th, 2008 / 3:55 p.m.
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Bloc

Bernard Bigras Bloc Rosemont—La Petite-Patrie, QC

Mr. Speaker, it is with great pleasure that I rise today to speak about the bill before us, Bill C-29.

First of all, I would like to say that the Bloc Québécois supports this bill, which seeks to prevent individuals from bypassing campaign financing rules. We believe that it is necessary to regulate loans in order to prevent people from getting around the financing limits. Remember that these limits were established after a long fight by the Bloc Québécois to put an end to corporate funding and to limit individual contributions, as Quebec did 30 years ago.

This bill corrects another problem in the Federal Accountability Act—formerly Bill C-2. As we were studying this bill, the Conservative government was more interested in quickly passing the bill than putting an end to ethical problems. The opposition parties, the media, and Democracy Watch pointed out the problem at that time, but the government refused to take action.

The current bill solves the problem of loans that made it possible to circumvent limits to political contributions. It must be said that several ethical difficulties were not addressed by Bill C-2, for instance, poor protection for whistleblowers and the failure to reform the Access to Information Act.

Bill C-29 incorporates the only change proposed by the Bloc Québécois when Bill C-54 was studied in committee. Remember that the Bloc Québécois was strongly against political parties being held responsible for debts incurred by their candidates, even though the political party is not named on the contract between the candidate and the bank. Remember also that the government listened to reason and reintroduced the Bloc Québécois amendment in Bill C-54.

The Conservatives introduced this bill, claiming that a number of Liberal candidates in the last leadership race took out large loans in order to circumvent the contribution limits. It may be true that some Liberal candidates did this, but let us not forget that the Prime Minister himself has not yet disclosed all the contributions he received during the 2002 leadership race.

The Conservative Party is not a bastion of transparency and ethics. Consider, for example, all the back and forth between political offices and lobbying firms, the contracts awarded to political friends, the use of public funds for partisan purposes, the many partisan appointments, the ideology-based appointments of judges and immigration commissioners, and the publication of a guide for Conservative committee chairs describing how to obstruct the work of committees.

Of course, we must prevent the law from being circumvented. The Bloc Québécois is in favour of this bill that, as I said, would prevent people from bypassing campaign financing rules.

At the time, Bill C-2 introduced new restrictions on campaign contributions, limiting any individual's annual contribution to a registered party or candidate to $1,100. Furthermore, the amount a union or business could contribute annually to a registered party or candidate was reduced to $0.

Unfortunately, it was still possible to circumvent these restrictions by taking out personal loans. We saw this when several candidates in the recent Liberal Party of Canada leadership race took out sizeable loans from individuals and financial institutions. The hon. member for Toronto Centre comes to mind, for example, who took out loans totaling $705,000.

The Leader of the Opposition took out loans to the tune of $655,000. Bill C-29 corrects other shortcomings that were in Bill C-2 at the time.

The bill before us is intended to correct another problem; that of government accountability. As I was saying earlier, during the study of Bill C-2, the Conservative government was more interested in passing the bill than in correcting ethical problems. At the time, organizations like Democracy Watch, the opposition parties and the media raised the issue of circumventing contribution ceilings and the government refused to do anything about it.

And yet, other ethical problems persist. Bill C-29 corrects the problem of loans that circumvent limits on political contributions. However, a number of ethical problems, such as protecting whistleblowers, were not resolved by Bill C-2. A number of Conservative election promises to protect whistleblowers did not make it all the way to the Federal Accountability Act.

The Conservatives said they wanted to “ensure that whistleblowers ... are provided with adequate legal counsel”. The Conservatives' bill provides just $1,500 to cover legal fees, which is totally ridiculous. It is also worth mentioning that the Conservatives said that we need to “give the Public Service Integrity Commissioner the power to enforce compliance with the [whistleblower] act”. They said they also wanted to “ensure that all Canadians who report government wrongdoing are protected, not just public servants”. Finally, they planned to “remove the government’s ability to exempt crown corporations and other bodies from the [whistleblower] act”.

Allan Cutler, one of the original whistleblowers in the disclosure of the sponsorship scandal and a former candidate for the Conservative Party during the 2005 election, was somewhat critical of Bill C-2 at the time. He maintained that Bill C-2 was far from perfect and had some problems that needed fixing, especially with respect to the provisions for protecting whistleblowers. The government could have used Bill C-29 as an opportunity to fix the shortcomings of Bill C-2 with respect to whistleblowers. However, the government did not decide to make such amendments to the legislation.

Bill C-29 could have done something about reforming the Access to Information Act, an important aspect that Bill C-2 ignored.

On April 5, 2005, the Liberal government released a discussion paper on reforming access to information. This document met with general criticism. In addition to doubling the minimum administrative fees charged to the public, the Martin government's plan would have maintained all the exceptions provided for in the legislation. In fact, in 13 years, the Liberal Party never managed to introduce one valid reform of the Access to Information Act, which severely penalizes the opposition parties as well as citizens and media who use the system to get more information. Bill C-29 should have included significant amendments. Bill C-29 should have included reforms to the Access to Information Act.

We are still waiting for the Access to Information Act to be reformed. As it turns out, once in power, neither the Conservatives nor the Liberals are especially eager to reform the legislation. The Information Commissioner recently pointed out that all governments share this reluctance.

This is how he put it:

The reason that action, not more study, is required is that governments continue to distrust and resist the Access to Information Act and the oversight of the Information Commissioner.

That is what the Information Commissioner said in an earlier report.

With respect to election financing transparency, both the Liberals and the Conservatives are vying for the title. When the Conservatives introduced Bill C-29, they claimed that several Liberal candidates took out significant loans to bypass funding limits during the last leadership race. As I said just now, in December 2006, the Conservative Party and the Prime Minister admitted that they had failed to disclose receiving hundreds of thousands of dollars to the Chief Electoral Officer. The money was collected in the form of “registration fees” paid by Conservative delegates to attend the Conservative Party of Canada's May 2005 convention.

Clearly, there is a lack of transparency. The government refuses to enforce the ethics and transparency rules. A few months into its mandate, the Conservative Party released a road map that demonstrates its lack of political will to follow the rules and to put an end to the political culture of entitlement.

This government reprimanded the Liberals for the comings and goings between political offices and lobbying firms. Yet, since taking power, the Prime Minister has appointed former lobbyist and current Minister of National Revenue as the head of National Defence, and he made lobbyist Sandra Buckler his director of communications.

This government also awards contracts to Conservative friends. The Prime Minister's government awarded a communications contract to Marie-Josée Lapointe, a former member of the Prime Minister's transition team. This contract goes against the spirit of the Federal Accountability Act, since political staff are not allowed to receive contracts from the government for 12 months after they have left. Believe it or not, the contract was cancelled halfway through.

This government also uses public funds for partisan purposes. In March 2006, the Conservative government awarded an $85,000 contract to gauge public support for the Conservative Party's five electoral priorities. In July 2006, the Conservative government awarded a contract to Strategic Counsel in order to poll public opinion on various political issues. The very partisan report identified the environment as a very important issue for the government's re-election. It should be noted that Strategic Counsel is run by Allan Gregg, who was the Conservative Party's official pollster under Brian Mulroney and Kim Campbell.

To sum up, the bill would establish a uniform and transparent reporting regime for all loans to political entities, including mandatory disclosure of loan terms and the identity of all lenders and guarantors. The bill would prohibit all unions and corporations not only from making contributions, in accordance with the Federal Accountability Act, but also from lending money.

Moreover, loans, loan guarantees and contributions from individuals could not exceed the limit set out in the Federal Accountability Act, which was $1,100 for 2007.

Additionally, only financial institutions or other political entities would be able to lend money—at market interest rates— exceeding that amount. The rules for unpaid loans would be tightened so that candidates could not default on their obligations.

Loans not repaid within 18 months would be considered a political contribution. Riding associations, or where there are none, the parties themselves, would be held responsible for their candidates unpaid loans.

I would like to take this opportunity to make a small correction. Unfortunately, the government did not listen to reason and did not reintroduce the amendments proposed by the Bloc Québécois. Sadly, that Bloc Québécois amendment was defeated at the report stage, by the NDP and the Conservatives, among others.

I just had to make that correction. Overall, however, I must say we are in favour of a bill that prevents individuals from circumventing the campaign financing rules.

Canada Elections ActGovernment Orders

June 12th, 2008 / 3:35 p.m.
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Liberal

Judy Sgro Liberal York West, ON

Mr. Speaker, I am pleased to have the opportunity to speak to Bill C-29, An Act to amend the Canada Elections Act (accountability with respect to loans).

I remind all those who are watching at home that the bill was originally introduced, as my colleague said, as Bill C-54 in the first session of the 39th Parliament.

The bill would create restrictions on the use of loans by political entities governed by the Canada Elections Act, rules that we all respect during elections. We continually strive to ensure that transparency and accountability is within all of our parties.

The bill would establish a uniform and transparent reporting regime for all loans to political entities, including mandatory disclosure of terms and the identity of all lenders and loan guarantors. Total loans, loan guarantees and contributions by individuals could not exceed the annual contribution limit for individuals established in the Canada Elections Act. Only financial institutions and other political entities could make loans beyond the annual contribution limit for individuals and only at commercial rates of interest. Unions and corporations would be unable to make loans and financial institutions could not lend money at rates of interest other than the market norm.

Rules for treatment of unpaid loans would be tightened to ensure that candidates could not walk away from unpaid loans. Riding associations would be held responsible for unpaid loans taken out by their candidates.

As I indicated before, my constituents and I welcome initiatives to improve accountability in the federal government, as I believe all would at all levels of government.

Bill C-29 is a continuation of the groundbreaking work done by the previous Liberal government. My government showed great integrity by reviewing the responsibilities and the accountability of ministers, senior officials, public servants and employees of crown corporations.

A wide variety of concrete measures were adopted to increase oversight in crown corporations and audit functions were strengthened across the board. It was time for us to bring in tighter legislation to ensure transparency and accountability. This was not invented two years ago. The Liberal government worked on this for a long period of time to ensure transparency and accountability. Does everybody follow it? Clearly some members did not and still do not.

From his first day in office, our former prime minister reformed government so that everyone in the public service would be held to account. It was the Liberal government that re-established the Office of the Comptroller General of Canada, very important for all of Canada and its citizens.

It was the Liberal government that strengthened the ethical guidelines for ministers and other public office-holders and established an independent Ethics Commissioner. They are extremely important guidelines. It is important to have an Ethics Commissioner who assists and guides members of Parliament to ensure that we do the best job we can and that we do not get into conflicts of interest.

Many of these things were long overdue, and I am pleased the previous Liberal government brought these issues forward.

It was also a Liberal government that introduced a publicly posted recusal process for members of cabinet, including the prime minister.

Much of the legislation that has been brought in with respect to transparency and accountability is modelled after what the Liberal government introduced.

The Liberal government also put forward legislation to encourage whistleblowers and to protect them from reprisal.

In February 2004 our Liberal government put forward an action plan on democratic reform to strengthen the role of parliamentarians. We heard a lot of debate about democratic reform and about allowing people to have more free votes and an opportunity to have more public and free debate and so on. It was clearly followed when the Liberals were the government of the day.

Referring more bills to the House committees before second reading gives all of us an opportunity to make significant changes in those bills. Otherwise, if they go to committee after second reading, which was the norm until those changes were made in February 2004, there was very little we could do. The principle of the bill was there and we could skirt around it but we could not do a whole to change it. That has made a significant difference in the work that we all do in committee. Again, that was work that we did so members of Parliament would have more opportunity to influence and shape legislation.

We also implemented a three line voting system to allow for more free votes. That was quite important because it was not here in the first five years I was a member of Parliament. We all voted as a bloc with our party. Having the three line and two line voting system gave all of us as MPs on our side of the House when we were in government much more freedom to express what we really felt about various issues.

That was important and it is unfortunate that we lost it. We still have a lot of freedom on this side compared to the government party certainly but having the three line voting system was starting to introduce more democracy to the House of Commons.

We have also pushed for the establishment of a committee of parliamentarians on national security. The Liberal government strengthened audit practices in the public sector through a comprehensive initiative that included the policy on internal audit and to strengthen and further professionalize the internal audit function throughout the government through higher professional standards, recruitment of additional skilled professionals, training and assessments.

In 2004, my government delivered on a commitment to proactive disclosure. Since April 2004, all travel and hospitality expenses of ministers, ministers of state, parliamentary secretaries, their political staff and other senior government officials have been posted online on a quarterly basis. That is accountability. That is being open and transparent so that anyone can go online to see just how much travel and hospitality expenses were, where they were incurred and who went where. That is opening the door in many ways to what goes on in government.

Government contracts worth more than $10,000 are disclosed publicly and, again, posted online. Those were all initiatives by the Liberal government.

My government embraced transparency in key appointments, which was also very important. Through our action plan for democratic reform, parliamentary committees were empowered to review the appointments of the heads of crown corporations, something that should have been done a long time ago to ensure transparency and accountability to Canadians and taxpayers.

We brought increased transparency to the selection of Supreme Court justices and committed to expanding access to information. The Access to Information Act was extended to 10 key crown corporations that were previously exempt from this. We also presented a discussion paper to Parliament that proposes, among other measures, that the Access to Information Act be expanded to several federal institutions that are currently exempt. However, sadly, the Conservatives' secretive paranoia has led to the demise of access to information in this country, and that is a complaint we continually hear from citizens and the media on just how difficult it is now that has been closed down.

My government was the first to seriously limit both individual and corporate political contributions, as well as third party election spending. As my colleague attempts to take credit for all of the changes that were made, he needs to be reminded to look back because the real serious changes to the Elections Act came from the Liberals, not from the current government.

Our Bill C-24 was enacted in June, 2003 and came into effect on January 1, 2004, representing the most significant reform to Canada's electoral and campaign finance laws since 1974. It was well overdue, it was a good act and it made everything much tighter and more difficult but it was much needed. I am quite proud of the fact that our government did that. I am doubtful that the current government would have ever done it.

The act affected contribution limits, those eligible to make contributions, public funding at political parties, spending limits for nomination contestants and disclosure of financial information by riding associations, nomination contestants and leadership candidates.

The Liberal Party supports efforts to increase transparency and accountability in the electoral process. Our history has shown that and we will continue to support that.

We are the party that initially passed legislation limiting the role of corporations and unions in electoral financing and introduced the most dramatic lowering of contribution limits in Canadian history.

All of the Conservatives' accountability facades just build on the great success of the previous Liberal governments.

Candidates for the leadership of our party went beyond the requirements set out by Elections Canada in reporting loans to their campaigns. In contrast, the current Prime Minister still refuses to disclose the names of those who donated to his leadership campaign in 2002.

For ours, people can go online to see every cent that was donated, every cent that has been paid back, where it came from and what is still outstanding. We are not hiding anything, contrary to him.

Whatever it is, the Conservatives certainly do not want to talk about it so they have decided to spread misconceptions about this bill instead.

The Conservatives are misleading Canadians about the current state of the law concerning political financing. The Conservatives are suggesting that the current law allows loans to be made in secret and that Canadians are kept in the dark. That is not true.

The truth is that under the law that is currently in place, the details of all loans, including the amount of every loan and the name of every lender and every guarantor, must already be publicly disclosed.

In addition, the Conservatives are also suggesting that the current legislation allows for loans to be written off without consequence. Again, this is absolutely false. Under the current law, loans cannot be used to avoid donation limits and they cannot be written off without consequences. The proposed new law simply restates the existing rules.

The Conservatives seem to think that Canadians can be fooled into believing that this somehow constitutes a dramatic change but Canadians can see through their charade.

The government has been playing a game of delay and deflect, perhaps to draw attention from its recent troubles. By talking about political loans, clearly, the Conservatives are trying to make us all forget about their little visit from the RCMP at their own party headquarters, or perhaps they are happy to talk about political loans to distract from their latest disgrace, the former minister of foreign affair's security breach and subsequent resignation, or maybe they are trying to distract from their constant politics of division, in which they specialize, by pitting one province against another.

However, let us get back to the bill that is before us today. The bill was significantly amended following hearings by the Standing Committee on Procedure and House Affairs. However, now that the bill has been reintroduced in the House and will be debated at report stage, the government has made three motions to effectively strip portions of these amendments from the bill.

I do not have time to get into all of the details of the amendments that we had put forward to strengthen this bill but I can comment on the Conservatives' motions to undo our work at the committee level.

Government Motion No. 1 would delete the Liberal amendment to allow for annual contributions to a leadership candidate.

Government Motion No. 2 would make it necessary for loans to be repaid annually, rather than at the point when the loan becomes due. Effectively, this would prevent candidates from taking extended loan repayments.

Government Motion No. 3 would delete the Bloc amendment that removed liability from registered political parties for loans taken by candidates.

The government, again, is not respecting the committee process, which is a process that we all talk about how important it is and yet, if we turn around and undo the work of committee, it clearly questions what was the value of the time and effort put into that.

In closing, I want to say that Canadians must have faith in the integrity of government and in the people who administer it. My government worked very hard to be accountable to the citizens of this great country and I am committed to supporting measures to enhance our prior work of building accountability, transparency and the public trust.

Canada Elections ActGovernment Orders

February 14th, 2008 / 4:15 p.m.
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Bloc

Meili Faille Bloc Vaudreuil—Soulanges, QC

Mr. Speaker, I am pleased to join my colleagues in speaking to this bill in the House.

The Bloc Québécois will vote in favour of Bill C-29. The Bloc is in favour of a bill that would prevent people from bypassing campaign financing rules. Our position has not changed, unlike what the government is trying to do by introducing its three motions that are on the order paper.

Last session, this bill was called Bill C-54. I say that for the benefit of those listening and watching at home. The government simply introduced a new version containing the amendments made in committee, amendments that were adopted, by the way.

This bill is necessary to close some loopholes in the Federal Accountability Act, Bill C-2, which the government wanted to rush through. We believe that it is necessary to regulate loans in order to prevent financing limits from being circumvented. Contributions to political parties from individuals are limited to $1,100, and contributions from unions or businesses are no longer allowed. These contributions are close to zero. So, an individual can contribute up to $1,100 to a political party, and businesses and unions are not allowed to finance a political party. Examples were given in the May 9, 2007 Ottawa Citizen. This is one of the sources that reported on this problem. It provided examples of expenses and looked at whether or not they were permitted under the Federal Accountability Act.

The Liberal Party of Canada allowed candidates, including Bob Rae and the current Leader of the Opposition to take out loans of around $705,000 and $655,000, respectively. We also saw that creditors made loans of $25,000, $50,000, $100,000 or $150,000.

It was clear that the candidates for leadership of the Liberal Party had found a way to fund their campaigns without relying on grassroots funding. We want this ceiling. These contribution limits are the result of a battle the Bloc Québécois has fought since it has been here. These limits were set several years ago, and we will do everything in our power in this House to make sure no one circumvents the law. We will not support regulations that would amount to backsliding. We want grassroots funding and limits on individual contributions, as we have had in Quebec for 30 years.

The content of the bill is fairly simple. The bill would establish a uniform, transparent disclosure system for all loans to political entities, including mandatory disclosure of terms. People would therefore have the right to know the identity of all lenders and loan guarantors. The bill provides that only financial institutions, at a commercial interest rate, or political entities would be authorized to make loans of more than $1,100.

The rules that apply to unpaid loans would be tightened so that candidates could not shirk their obligations.

Riding associations—or the party itself, when there are no associations—would become liable for loans candidates did not repay.

We are currently examining a request by the government concerning how candidates' unpaid loans would be treated.

In its current form, the bill provides that loans that were not repaid after 18 months would be considered political contributions.

This brings me to the three motions on the order paper, and I will explain the position of the Bloc Québécois on each one. The three motions are amendments to the bill. We have problems with two of them. The third does not present a problem because it makes clarifications that are in line with the amendment tabled in committee.

The problem with the first motion is that the government wants to limit contributions to a given candidate to $1,000 for the entire leadership race. We would prefer that each $1,000 donation from an individual be made according to existing rules governing political contributions, that is, on the basis of a fiscal year. That way, if a leadership race were to take place over two fiscal years, a total of $2,000 could be donated. We are therefore against the government's amendment.

We think that the amendment proposed in committee is logical because the contribution limits in the Elections Act are annual. This would provide for a contribution system identical to that for individuals. We do not want two different kinds of funding for two different kinds of elections, whether for a leadership race or a general election.

The second amendment, the one we agree with based on our analysis, is the one about deadlines. Earlier, I said that the bill proposed an 18-month deadline for paying back a loan. Here, the government is proposing much more precise wording, and we have no problem with that. For a nomination contestant, the three-year period would apply as of the selection date; for a leadership candidate, it would be three years after the end of the race; and for a political party, it would be three years after the end of the fiscal year. What the government is asking for here is quite reasonable.

We do have a problem with the motion that proposes rejecting all of the Bloc Québécois amendments. This is very straightforward. The government wants to make political parties responsible for debts contracted by their candidates. We oppose that proposal. We think it is illogical to try to force a political party to take on its candidates' debts when the political party has no way to limit a candidate's expenditures. The example given was a simple one. A political party cannot currently do anything to prevent a candidate from taking out a $60,000 loan. In a case like that, the government's motion would be unreasonable.

The government motion allows an individual to borrow an unlimited amount in the name of a separate entity. To illustrate this, it is as though I were to borrow a large sum of money and when it came time to pay it back and I was unable to do so, I said it was up to my neighbour to pay it back, even though he knew nothing about the loan. We think this is nonsense and we would like to keep the bill the way it is concerning that particular clause.

I see I have one minute left. In conclusion, here is our problem with the last motion. In committee, the government introduced the Bloc Québécois' amendment. It was in favour of doing things the way we had proposed. Now, though, after reviewing the bill in committee, it has changed its position. That is another reason why we will oppose this amendment, although we are in favour of the bill.

The Conservative Party has had many problems these last few days. This whole issue of transparency and ethics has to go beyond mere slogans.

Canada Elections ActGovernment Orders

February 14th, 2008 / 4:15 p.m.
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Liberal

Yasmin Ratansi Liberal Don Valley East, ON

Mr. Speaker, the hon. member should read what he is talking about. It was Bill C-2 that restricted the $1,100. This is Bill C-54, which deals with loans. Perhaps he is going to be talking about the member in his own caucus who took $30,000 from his company. I think the member should figure out what he is talking about before asking questions.

Canada Elections ActGovernment Orders

February 14th, 2008 / 3:45 p.m.
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Bloc

Nicole Demers Bloc Laval, QC

Mr. Speaker, although I am usually quite happy to rise in this House to debate various bills dealing with social problems, I find it difficult to debate this bill because, for me, anything that has to do with money and math is esoteric. It is all Greek to me. It is a language that I do not understand at all. In that regard, the chair of the Standing Committee on the Status of Women could corroborate. I have to work very hard to understand anything concerning money.

What I do understand, however, is that the government was too anxious to put through Bill C-2 and that the bill has several shortcomings. That does not surprise me, but what I do find surprising is that the government now wants to address some of those shortcomings. Indeed, over the past two years, none of the objectives of Bill C-2 has been met in its original form. The purpose of the bill was to guarantee a responsible, transparent government that would never commit any wrongdoings as serious as those we had seen in the past. We now see that that is not the case and we must quickly put forward another bill to correct the shortcomings. Let us hope that Bill C-29 will correct these deficiencies, not only in words or in the text of the legislation, but also in action.

Contrary to what my colleague just said, if a young woman from Rimouski went to a bank to get a loan so that she could run in a federal election, I do not think she would have the problems he was describing. In Quebec, the caisses populaires have a social duty and must lend 60% of the amount that a person is entitled to receive from the Chief Electoral Officer for federal elections. So we have something here that is probably already better than what exists in the ROC, the rest of Canada. We have created financial institutions for ourselves in Quebec and passed laws that prevent the kind of abuses they are trying to prevent today with Bill C-29.

At the same time, though, as they try to prevent abuses, they are handicapping the political parties a bit by removing their ability to decide—along with the— whether he or she can borrow money. According to the bill, the parties would be responsible for the money their candidates borrowed. That is totally absurd. I wonder whether the party of which I am a proud member would have been able to meet my needs when I decided to enter politics. I made my own decisions about how much money I needed, an amount that was very personal. It is not up to the parties to foot the bill for people who decide to run for them in elections.

A candidate is chosen and talks with his party. He determines his strategy together and in collaboration with his party, but ultimately, it is the candidate who decides how much he wants to spend on his election campaign. If the political party were made responsible for the money that a candidate spends, we would be opening the door to major abuses.

It is the same as if I decided to buy a new house and told the bank it could have confidence in me because the Speaker of the House of Commons likes it and supports my getting a loan. Since you are a solid citizen, the bank would give me the money. That would be a bit ridiculous.

Once again, we see the party in power, the Conservatives, trying to put more restrictive rules in place when they do not follow their own rules. It is rather paradoxical. When we adopt rules, we should start by following them ourselves before insisting that other people should follow them or thinking that a new rule should be invented to prevent one party or another from making progress.

That is the impression given by this bill.

Bill C-54, which was introduced in the last session, was very similar to this bill. It was examined in committee and debated on several occasions. In fact, an amendment from the Bloc Québécois had been incorporated into the bill. As a result, it was a better bill that provided a great deal more latitude to political parties, to individuals and to companies. We know that we must act responsibly.

Now, the government has tabled other amendments, which are unacceptable, to prevent us from acting in a way that any political party should have to right to act.

In Quebec, we have had regulations governing political funding for more than 30 years. René Lévesque was very conscious of the difficulties and temptations that political parties, individuals and legislature members must deal with. Some members or ministers think they have a great deal more power because their party is in office. That is not how we are supposed to think. We are supposed to take our responsibilities very seriously. Unfortunately, too many people do not do that.

Therefore, we have created a very strict framework that requires parties, members of the legislature and individuals to follow the rules. Those rules have been followed for more than 30 years and that works very well in Quebec, contrary to what some government members here have said. If there is electoral fraud in Quebec it does not happen often. When there is fraud it is discovered immediately, and not two, three or four years later, because we have provided the tools to do that.

The government seems to forget that in the past two years it introduced Bill C-2 to deal with some of the difficulties that parliamentarians might encounter. But they have not even respected the spirit of Bill C-2.

We have heard of influence-peddling in recent weeks. We have also seen appointments that are clearly favouritism. In the past few weeks, we have seen contracts awarded to third parties in ways that do not comply with the regulations. Those contracts were for just under $25,000, which made it possible to award more contracts, to more people, without following the usual procedures.

In my opinion, when we create legislation it is because we recognize that we have a responsibility toward our fellow citizens. If we only do it to look good, would it not be better to think seriously before trying to put through a bill? Would it not be better, as a political body—I am speaking of the government—to look deeply into its conscience to ensure that Bill C-2 is respected?

They tell us all day long that they brought forward Bill C-2, but for the past two years that bill has been laughed at and ignored by the government in power. For two years they have twisted that bill in all kinds of ways. Now, they want to make amendments to Bill C-29 in order to make life difficult for the political parties that are not in power. It is ridiculous.

Part of this bill is certainly important. We will vote in favour of that important part; but the majority of the amendments that have been added are not acceptable to us because they simply do not make sense. We want nothing to do with those.

We do not want those.

Canada Elections ActGovernment Orders

February 14th, 2008 / 1:20 p.m.
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Liberal

Brian Murphy Liberal Moncton—Riverview—Dieppe, NB

Mr. Speaker, it is my pleasure to speak to Bill C-29.

Under the wavering light of this corner of the House, I hope my comments are clear and constant in suggesting that the bill, as it came through committee, was the proper bill. What the government is trying to do now is ignore the good democratic conditions and precedents of good committee work.

The bill in review aims to establish a system of improved accountability. It certainly did that as it came out of committee. Its key elements include creating a uniform and transparent reporting regime for all loans to political entities, including mandatory disclosure of terms and the identity of all lenders and loan guarantors.

That much makes a lot of sense. It would also ensure that total loans, loan guarantees and contributions by individuals could not exceed the annual contribution limit for individuals established in the Canada Elections Act.

It would also allow only financial institutions and political entities the capacity to make loans beyond the annual contribution limit for individuals and only at commercial or market rates of interest.

Tightening the rules for the treatment of unpaid loans to ensure candidates cannot walk away from unpaid loans was also an aim of this bill as it came back from committee. It would ultimately, as in its original sense, hold riding associations responsible for unpaid loans taken out by candidates. This is one of the cruxes of the problem, and I will get to the democratic deficit and the lack of participation that we have by good candidates in the electoral process if the government's designs are to be carried through.

The bill, by way of history, was first presented to the House during the first session of this Parliament as Bill C-54 and reintroduced in November of the past year with essentially the same content as Bill C-54.

The bill was very seriously examined during meetings of the Standing Committee on Procedure and House Affairs. The members worked very hard and came to agree upon different elements. There was a great deal, I say in a spirit of non-partisanship, of unanimity with respect to some of the time limit terms and some of the technical aspects. It was thought, certainly by opposition members, that there was a good deal of consensus and agreement on a few other outstanding matters that were embodied in amendments to the bill.

On this side we thought the bill as amended, as it comes back from committee, is something that we, in the great traditions of the Liberal Party, in the great traditions of democratic reform and keeping the balance that allows people to participate in the democratic process, could support.

At those committee meetings, improvements were made, not the least of which, as a significant improvement, was now to have unpaid amounts of a loan to be considered contributions after three years from the date the loan was made. The original proposal was 18 months.

Now the government House leader, the minister responsible for undemocratic reform, is presenting motions that will completely disregard the other amendments that were passed at committee.

Government Motion No. 1 would delete the Liberal amendment to allow for annual contributions to a leadership candidate. Under this amendment, for example, person A would be allowed to donate $1,000, or $1,100 as the case may be, to leadership candidate B in each calendar year until leadership candidate B paid his or her campaign debt and formally and finally closed his or her leadership campaign.

Government Motion No. 2 would make it necessary for loans to be repaid annually rather than at the point when the loan becomes due. This effectively would prevent candidates from taking extended repayment loans. It acts as a foreclosure on the normal commercial manner in which loans are undertaken and paid back. It says that the way the market works with respect to loaning a person money to fund a campaign shall not be respected. It makes no sense to set up an artificial limit on repayment when the market will deal with that issue.

After all, the movement is from a loan from a friend to a loan from a commercial lender at a commercial rate. I do not know if there was enough evidence from the banking community on this but it would seem to me that the banks are not in the business of giving loans that are high risk. They are not in the business of giving loans to people who cannot repay them.

Why is it that Parliament shall say to the bankers of this country that they do not know how to underwrite risk and that Parliament will make it shorter in duration for the banks and different than the market conditions. It is clearly against the forces of the market, which I thought the party on the other side favoured, and it is clearly undemocratic because it will put a chill on candidates presenting themselves for election.

Considering the fact that elections are not something that somebody can plan for, I think we are living that right now, but often, in the normal course of events, we can plan when we want to buy a house, a car, start a family or put our kids through college, as the case may be. Those are events we can plan and save for and, from time to time, we can make loans from commercial lenders at commercial rates. However, it is very difficult for someone who is not in the House right now and who wants to stand as a candidate to predict when he or she may need to get a loan for a campaign or, as the case may be, a leadership race.

Because the election may be called at any time, January, April or October, it is unreasonable for someone to be asked to pay off a loan before the time limit established by the loan contract itself. We on this side stand for the principles of the market. The free market shall dictate when a loan is given and how it is prepaid. Why is the government interloping and saying to the free market, the lenders in this country, that the government knows best?

Here we see the Conservative government is pushing hard on its perception and not its reality of accountability.

The Accountability Act, Bill C-2, which was presented and passed, was really the window dressing for the government's new regime and for its patina, if one likes, of sincerity. I say patina because it is a very thin layer that can be pierced very easily and beneath the patina we can see the substance. Without proper regulations backing up Bill C-2, the Accountability Act, it is a very hollow instrument. It does not have any of the reality backing up the rhetoric with which it was introduced.

It would be an absolute hindrance, in terms of accountability, for us to say that these government amendments help the democratic process. It would be an absolute hindrance for anyone presenting themselves to have to focus on repaying the loan by the end of the fiscal year if that is not the date that was agreed upon by the lender.

Moving to government Motion No. 3, it would delete the Bloc Québécois amendment that would remove liability from registered political parties for loans taken out by candidates.

We can imagine that we are 308 members in the House, not all filled at the time, but all of us have different constituencies and all of us have been successful in getting here, some by a wide margin and some by a very large margin.

If one is contesting a riding that one does not hold, the spectre of the political association being responsible for one's debt, if one is unsuccessful, is again very undemocratic because it would pit the association against the candidate. In a riding where it is impossible to win, or does not look very likely that one could win, we can see very clearly that the bill and the government Motion No. 3 puts a chill on democratic involvement and is in fact very undemocratic. One would wonder why it is included.

Why would the Conservative government, which does not hold all the seats in Parliament and, in fact, will never hold many of the seats in Parliament, wants to put a chill on its own candidates in pitting their Conservative associations against their candidates? One wonders why because it does not do anything to help the participation of new candidates in ridings.

In short, we are not in support of these amendments that the government has reintroduced at report stage. We think t the committee worked very well and that its wishes and its motions should be respected.

Canada Elections ActGovernment Orders

February 12th, 2008 / 5:25 p.m.
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Bloc

Pierre Paquette Bloc Joliette, QC

Mr. Speaker, I am pleased to speak to this debate on Bill C-29, which is in fact the amended version of Bill C-54 that was debated in the previous session. All parties agreed to pick up the debate where we left off before resuming this new session. As was the case in the previous session, we will support the bill even though, and I will come back to this, we think it is important that a number of the amendments we made to it—I am talking about the opposition parties, but the Bloc Québécois in particular—be maintained despite the government's desire to drop them for reasons that are completely unclear to me.

We were in favour of this bill and we still are. The purpose of the bill is to prevent individuals from bypassing campaign financing rules. The bill now includes a ceiling of $1,100 for individuals. Companies and corporations are no longer able to make donations to political associations. We agree with this principle that has existed in Quebec for 30 years now. This was one of the first accomplishments of the Parti Québécois under the leadership of René Lévesque.

As such, we agree with the idea that once a number of rules are in place governing political party fundraising and the amounts that individual voters can contribute, people should not have opportunities to get around the law by taking out loans, thereby sidestepping the will of Parliament, particularly the House of Commons, to ensure that the rules of the game are more or less the same for all political parties.

I have been watching what is going on with the primaries in the United States and the mind-boggling amounts of money the candidates are spending. This is not even the race for the presidency of the United States. These are just the Democratic and Republican nomination races. It is clear that that much money results in inequality that prevents some people from participating in the races from the very beginning.

Of course, in both Canada and Quebec, fundraising efforts do have to be significant. Everyone in this House knows that and participates in it. Still, the amount of money each of us can use for our election campaigns is within reach, even for individuals who do not have a personal fortune at their disposal or a network of acquaintances to secure the loans or donations they need to launch a campaign. For example, the value of some contributions made to both the Conservative and Liberal leadership races, which took place before Bill C-2 was passed, is still unknown.

It is clear to us that candidates should not be allowed to use loans to sidestep the caps that put an end to corporate backing and limit individual contributions.

The bill also solves another problem with the Federal Accountability Act, Bill C-2, about which I spoke earlier. When Bill C-2 was being studied—and this was denounced by all opposition parties—the Conservative government was much more interested in quickly passing the bill in order to inform citizens that it had fulfilled its first promise. Unfortunately, this haste resulted in a certain number of deficiencies. I am referring to loans to political entities. The bill fell somewhat short in terms of the ethics promised. We really did have to revisit the shortcomings of Bill C-2. I remind the House that, at the time, the opposition parties, the media, the political observers and organizations such as Democracy Watch pointed out the problem but the government refused to take action.

Once again, as is often the case in this Parliament, each party had to study the advantages and the disadvantages of the deficiencies resulting from the Conservatives' haste. We supported the bill because we were generally in favour of the underlying principle.

Bill C-29 also solves the problem of loans—it is at the heart of the bill—whereby the limits for personal political contributions could be circumvented. Several ethical difficulties were not addressed by Bill C-2. I am thinking, for instance, of poor protection for whistleblowers and the failure to reform the Access to Information Act.

Bill C-29 incorporates the only change proposed by the Bloc Québécois when Bill C-54 was studied in committee. This amendment ensured that the political party would not be responsible for the debts of candidates. The government wants to change that. We do not really understand the government's intentions. It wants to force a political party to guarantee, without prior knowledge, the debts of a candidate who, without making any effort to raise funds, decides to borrow from a bank the maximum amount allowed under the Canada Elections Act.

We therefore proposed an amendment, with which the government seemed to agree, or at least the opposition parties, the Liberals and the NDP, did. Now the government is questioning our amendment. Therefore, we will vote against this government motion.

It is rather irrational and illogical that a political party would be responsible for debts incurred by its candidates without the party knowing. We think the Bloc's amendment should be upheld so that the bill makes sense. I hope the two other opposition parties will still be in favour of it, as they were when Bill C-54 was being examined in committee.

The Bloc Québécois is almost entirely financed by individuals. An candidate could borrow $50,000 from the bank to run his election campaign. If he did not repay the loan, the bank could go after the political party. I think allowing this would be almost immoral. It means that every citizen who donates $5 to our party would also have to support this candidate who might have gotten into debt irresponsibly.

I think that even though we agree with the spirit of the bill and will vote in favour of it, the government should rethink its decision to remove the amendment proposed by the Bloc and adopted by the committee. It should go back to something that makes much more sense and that would be more respectful towards the thousands of small donors who are the financing backbone of the Bloc Québécois, and I imagine this is the case with the other parties.

I will not go on any longer. That was my basic message. We will have to hope that the government comes to its senses and accepts the bill with the amendment proposed by the Bloc and adopted in committee.

Canada Elections ActGovernment Orders

February 12th, 2008 / 5:15 p.m.
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Liberal

Marlene Jennings Liberal Notre-Dame-de-Grâce—Lachine, QC

Mr. Speaker, it is an honour for me to participate in the debate on Bill C-29, An Act to amend the Canada Elections Act (accountability with respect to loans).

Several members have already talked about this bill and have explained its principal objectives, one of which is to create a uniform and transparent disclosure system for all loans to political entities, including mandatory disclosure of terms and the identity of all lenders and loan guarantors. I would point out that such provisions already exist in the Canada Elections Act.

The previous government formed by the Liberal Party of Canada passed a bill on election financing that sought to limit the role of corporations and unions in election financing, initiating the most significant contribution limit reduction in Canadian history.

This bill targets funding for candidates in leadership races, byelections and general elections, but the law passed under the previous Liberal government already contained Elections Canada's requirements for loan disclosure.

During the last Liberal leadership race, which took place in 2006, all candidates for the leadership of the Liberal Party of Canada exceeded Elections Canada's requirements for the disclosure of loans under the Canada Elections Act.

That is not at all the case for the current Prime Minister. He has refused to disclose the identities of those who funded his campaign for the leadership of the Conservative Party in 2002. The Conservatives, as we have seen so many times on other issues, are trying to deceive Canadians.

In the previous session of Parliament, Bill C-29 was Bill C-54. When the Conservative government introduced this bill, it gave misleading information about the current legislation on political party financing, and the Conservative members continue to mislead Canadians every time they talk about Bill C-29. The Conservatives imply that the current legislation—I am not talking about their bill, but about the legislation in effect today, which was adopted by Parliament when the Liberal Party of Canada was in power—allows secret loans and that candidates are not required to disclose a loan, the amount of that loan, the name of the creditor or the name of the guarantor.

Under the legislation that is in effect today and has been since 2004, candidates must provide Elections Canada with information on all loans they receive, whether they are running for the leadership of a party or in a byelection or general election.

Canadians get annoyed when they cannot trust what their own government is telling them.

During the last election campaign, this Conservative government boasted and said it was whiter than white, whiter than snow, and that it would be accountable, transparent and open. Canadians just have to read and listen to what the government is saying about the current legislation on financing for political parties and candidates. It is claiming that someone running for the leadership of a party today or last year or the year before could borrow money without having to disclose who the creditor was, how much the loan was for or who the guarantor was. It is sad.

This government is going even further. With its bill, the government wants an association or party to be held responsible for a candidate's unpaid debts, even if the local riding association or the party was not aware of the loan and had not guaranteed it. It would be like having a brother in another city who takes out a loan. I do not know my brother borrowed money, but because we have the same last name and share the same blood and DNA, I would automatically be liable for the loan. I would have to repay his loan if he went bankrupt and did not repay it.

The opposition parties have amended this bill. The governing party has even amended its own bill, which is interesting. I would like to provide some information about that.

The Conservative government proposed an amendment to its own bill, thereby admitting that its Bill C-29—which had been Bill C-54 in the previous session of Parliament—was not perfect. The Conservatives proposed amendments to ensure that loans and suretyship contracts paid back during the same calendar year are not included in the total calculation of donations for that year. Consider the following example. If an individual loans $1,000 to a candidate in February and the candidate pays that amount back in April, the individual who loaned the money would be permitted to guarantee another $1,000 before the end of the fiscal year. This was not included in the original bill. The Conservative members put forward an amendment because it made sense and was reasonable. All the parties—the NDP, the Bloc Québécois, and the Liberal Party—all supported the government's amendment. The Liberal Party, supported by the Bloc, proposed an amendment to make it possible to make donations every year to candidates for party leadership and not just a single donation to one particular candidate, as set out by existing legislation. This was because a leadership race can extend over more than one calendar year. Finally, the Bloc, supported by the Liberals and the NDP, put forward an amendment that removed one clause of the bill that required political parties to pay back any loans incurred by its candidates that were not paid back to the creditors. As if a candidate could take out a loan without notifying officials from the party or riding association.

It was suggested that he or she could then declare bankruptcy and the party would be forced to pay back any debts incurred, even if the party had not approved the debt from the beginning. The Conservatives opposed that amendment and introduced the motions at the report stage for—

Canada Elections ActGovernment Orders

February 11th, 2008 / 5:45 p.m.
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Bloc

Mario Laframboise Bloc Argenteuil—Papineau—Mirabel, QC

Mr. Speaker, I am happy to speak to Bill C-29, especially since this bill is an Act to amend the Canada Elections Act (accountability with respect to loans).

The Canada Elections Act has come into question in recent weeks. It always makes me smile to hear the Conservatives in the House boasting about how they have amended the Canada Elections Act. It is very disturbing, and that is why, when the Conservatives introduce a bill like this one, we have to look at it once, twice, three times, four times and go through it with a fine-tooth comb.

As we speak, more than 60 Conservative members still have not received their rebate from the Chief Electoral Officer. They are the only members of the House who have not been reimbursed for their election expenses since the last campaign. They will try and tell us that everything is fine, but there is a good reason they decided to filibuster in the Standing Committee on Procedure and House Affairs. They do not want to be asked about the errors and omissions the Chief Electoral Officer has found. More than 60 members have not been reimbursed for their latest election expenses, including two ministers from Quebec: the Minister of Canadian Heritage, Status of Women and Official Languages and the Minister of Transport, Infrastructure and Communities.

When people—citizens, Quebeckers—read or hear things like this in the media, it does not reflect well on the political elite, particularly seeing as the members of the Bloc Québécois have all been reimbursed and have therefore not been reprimanded by the Chief Electoral Officer. We have to protect that reputation because in the previous Parliament, the Liberals marred politicians' reputation far too often.

Now the Conservatives are making the rest of us look bad. That is what comes of being in power, I suppose. They say that it takes absolute power, but often, as some here know, power can make people crazy, and the Conservatives are verging on it. It is coming. It is getting closer. It started with election spending. They tried to cook the books so they could get more money for the next election campaign. They want to get as much money as possible. They understand how it works, and their actions are based on the premise that the more money one has, the more seats one wins. That is the Conservative way of doing things. The more money you accumulate, the better your chances of coming to power.

We in Quebec are proud that in every election since 1993, we have had a majority, and not thanks to money. We spend as much as the law allows, and not a penny more, because we collect our money $5 at a time. That has always been our way of doing things.

I should point out that Canada adopted its political party financing legislation based on Quebec's, which was brought in by René Lévesque, leader of the Parti Québécois and the sovereignty movement for many years, who cleaned house in Quebec. Canada also cleaned house a few years ago, but some Conservatives got caught yet again, even though they just cleaned house. People have to understand that that's what it means to be a federalist—they have to do everything they can to collect money because that is how elections are won.

Of course we saw that with Option Canada. Maybe, at the time of the last referendum in Quebec, they took money to which they were not entitled. We know that an investigation has revealed that millions of dollars were spent, which was not allowed under the Quebec legislation respecting elections and referendums. But what is done is done. Federalists tell us that what is done is done but that it should not happen the next time. Maybe we should ask the UN to oversee the next referendum in Quebec because it is the only way to stop these people who have no qualms about using public funds to try to win an election.

That is why we have Bill C-29 before us, or should I say before us again. There are three motions in amendment. This bill is the reincarnation of Bill C-54, which was amended by the committee in the previous session. Let us not forget that there was a throne speech. In an attempt to improve their image, the Conservatives presented a new Speech from the Throne. Consequently, certain bills had to be reintroduced, and Bill C-29 is the same as former Bill C-54.

The government is bringing forward three motions to try to counter three amendments made by opposition parties in committee in the last session. I will take the time to explain these three motions. For the Bloc Québécois, two of them are totally unacceptable; there is one however—a minor change—that we will support. It has to be understood that one of these motions deals with expenses, that is the amounts that an individual can contribute to a leadership campaign.

Under the current legislation an individual can contribute $1,000 a year to political parties during a leadership campaign. That amount has been changed to $1,100, but in the legislation it is $1,000. We thought that the bill could contain provisions allowing for annual contributions to a leadership race, as the Canada Elections Act does. The Bloc Québécois enjoys stability, but the other parties in this House often change leaders. We want to give them a chance to raise money for changing their leader instead of for running an election campaign. After the next election, few of these leaders will still be here. I can assure you of that. We are giving them a chance to collect $1,000 a year, pursuant to the current legislation, which, as I was saying, allows individuals to contribute $1,100 a year to election campaigns.

The Conservatives have decided that these contributions can be made once every leadership race instead of once a year. All we are asking for is some logic. We have electoral legislation that allows individual contributions of $1,100 a year. An annual contribution to leadership races should be allowed in order to provide more money for self-promotion and avoid using taxpayer dollars at election time.

This will allow candidates to run their race within their party and to show their true colours. They hide because they do not have the money for a party leadership race. Then, the public discovers them once they come into power and they need taxpayer dollars in order to win the election. That is what the Conservatives do: they try to buy their way in with all sorts of tricks. They must be copying the U.S. model, where we see highly publicized campaigns. Instead of letting us get to know the individuals, prefabricated images are projected in lovely ad campaigns. The candidate, or the leader, is not presented, their image is. That is the new way of doing things. In any event, they will be judged during the next election campaign.

The second motion proposes that a loan become a contribution if it has not been repaid after three years. Obviously, the law does not allow any more time. As was mentioned earlier, the limit is $1,100 a year. Clearly, the law allows loans, but when someone lends another person money, that person must repay the loan at some point. As well, people cannot be allowed to do indirectly what they cannot do directly. We cannot say that we need money, but we need more than $1,100, because we do not have enough friends to give us money. This is often what happens in the other parties. Candidates have enough friends to raise the money they need, but their friends do not have enough money, so the candidates lend themselves money. They take money and lend it to themselves. Once the election campaign is over, these loans have to be repaid.

Candidates cannot use their own money to get elected, because that would be too easy. The Conservatives and Liberals have often used this tactic in recent years to try to get elected. They used their own money to fund their election campaigns. But that is not how things work. After three years, the loan must become a contribution. Because the money has not been repaid, it becomes a contribution, and if that contribution exceeds the $1,100 annual limit—for example, if the loan is for $10,000—then it violates the law. We allowed this minor change.

The last motion proposes that the government reject the amendment introduced by the Bloc Québécois. The government wants to make political parties liable for their candidates' debts. Clearly, if a candidate goes to see his banker because he has no money, but the party does have money, the candidate will be able to fund his election campaign. But if the candidate cannot repay his debts, the party will have to do so.

It makes no sense to adopt this bill in its current form. Candidates must have credibility. If they have to borrow to fund a line of credit until the money comes in, then they should borrow against their own personal assets. That is what Bloc Québécois candidates have always done. We find a way to fund our campaigns, and when we do not have enough money, we take out loans, which we sign for and guarantee ourselves, until we raise enough money. The party does not guarantee our loans, we do. In that way, we may—

Canada Elections ActGovernment Orders

February 11th, 2008 / 5 p.m.
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Liberal

Paul Szabo Liberal Mississauga South, ON

Mr. Speaker, if I had the time for a question I certainly would want to enquire about some of the current cases before Parliament.

Bill C-29 aims to establish a system of improved accountability for candidates to report loans taken out during election campaigns. Its key elements include creating a uniform and transparent reporting regime for all loans to political parties, including mandatory disclosure of terms and the identity of all lenders and loan guarantors; ensuring that total loans, loan guarantees and contributions by individuals should not exceed the annual contribution limit for individuals established in the Canada Elections Act; and allowing only financial institutions and other political entities the capacity to make loans beyond the annual contribution limit for individuals and only at commercial rates of interest.

Tightening rules for the treatment of unpaid loans is also important to ensure candidates cannot walk away from unpaid loans by ultimately holding riding associations responsible for unpaid loans taken out by their candidates.

The bill was first presented to the House during the first session of Parliament as Bill C-54 and reintroduced in November of last year with essentially the same content as Bill C-54. The bill was very seriously examined during meetings of the Standing Committee on Procedure and House Affairs. Members worked hard and agreed upon different elements, not the least of which was a significant improvement which now calls for unpaid amounts of the loan to be considered contributions after three years after the day on which it was made. The original government proposal was to make that period only 18 months. Now the government House leader is presenting motions that would completely disregard the other amendments that were passed at committee.

Government Motion No. 1 would delete the Liberal amendment to allow for annual contributions to a leadership candidate. Under this motion, for example, a person would be allowed to donate $1,000 to a leadership candidate in each calendar year until the leadership candidate paid his or her campaign debt and formally closed his or her leadership campaign.

Government Motion No. 2 would make it necessary for loans to be repaid annually rather than at the point when the loan becomes due. Effectively, this would prevent candidates from taking extended repayment loans. It makes no sense to set up an artificial limit on repayment.

Considering the fact that elections can be called at different times during the year, whether it be January, April or October, it is unreasonable for someone to be asked to pay off a loan before the time limit established by the loan contract. We see that the government is pushing hard on its perception of accountability.

Furthermore, as members of Parliament will know, once we are elected our focus shifts to doing our job, not to running in elections or raising money for elections. It, therefore, would be an absolute hindrance for anyone to have to focus on repaying by the end of a fiscal year if that is not the date that was agreed upon with the lender.

Government Motion No. 3 would delete the Bloc amendment that would have removed liability from registered political parties for loans taken by candidates. This motion would set up a system or a responsibility for registered political parties and riding associations, regardless of whether or not they are aware that the candidate has taken out a loan. Making one entity responsible for the personal debt of an individual does not sound responsible under any criteria.

The government waited for the original version of this bill to die with prorogation so that it could present new motions to completely obliterate the changes that had already been agreed upon democratically at committee.

There are some five bills in Bill C-2, many of which had progressed substantially through the legislative process. In fact, many of those bills would have been law today had the government taken the opportunity it had to reintroduce those bills at the same stage they were at when prorogation occurred.

As a consequence, we now find Bill C-2 as an issue of debate in this place simply because the government suggests that it should happen quicker. However, it engineered the delay in those pieces of legislation. Therefore, it is very similar to what has happened with regard to this bill.

Through this tactic, Canadians have seen that the government is clearly not interested in really working with the other parties to come up with sound legislation. It is only interested in continuing to pursue a philosophy of “my way or the highway” kind of legislative process. It is only interested in presenting political jabs disguised as draft legislation, and we have seen that time and time again on many bills.

While the government continues to repeat that Bill C-29 will finally stop the undue influence of wealthy contributors who were supposedly skirting Elections Act donation limits through the use of personal loans, the bill is clearly designed to disadvantage the Liberal Party of Canada financially and to limit access to the political process for many Canadians.

The fact is our party has demonstrated, in good faith, that we want to work to improve election laws. After all, our party was the one that passed the bill to limit the role of corporations and unions in election financing in Bill C-24 in 2003.

Our party also initiated the most significant contribution limit reduction in Canadian history. Furthermore, during our last leadership campaign, all candidates publicly disclosed all loans made to their campaigns and went above and beyond the requirement set out in the Canada Elections Act in this regard.

The Prime Minister still refuses to fully disclose the complete scope of financing of his own 2002 leadership campaign. Clearly the government is running a “Do as I say, not as I do” kind of operation. How can Canadians believe a government that does not want to practise what it preaches.The Liberal Party supports measures to make Canadians more confident in their politicians by seeking to improve the accountability of the electoral process.

We support the bill, as amended by the Standing Committee on Procedure and House Affairs, which includes the measures that were approved democratically by all of the parties.

Let me refer also to the activity within the Standing Committee on Procedure and House Affairs to which many important issues are referred and is represented by all parties. What happens is it is sometimes very dysfunctional in terms of deciding to do things or not to do things. In the case of the so-called in and out scandal, a filibuster has been going on since late October or early November on the ruling by the Chief Electoral Officer that the Conservative Party had breached the Canada Elections Act by transferring loans into and then out of candidates accounts. This kind of issue is very serious and the Chief Electoral Officer found that it was improper. The issue still is not out of procedure and House affairs committee. It is still not progressing because the government is filibustering.

For those who may be watching, a filibuster occurs when a party decides that it will continue to talk. There are no limits on talking when a motion is made. If the chair of that committee permits it to get too broad, effectively what we can do is continue to talk. When one member is finished, another member can get up and continue to talk. Therefore, we have a filibuster whereby the question before the committee never gets voted on and no action is ever taken.

We have seen that time and time again as a tactic. As members know, the government members were given a binder for their committees on how to disrupt the business of committees. Amendments were made to the bill at committee. Now they are being changed. There are all kinds of tactics, which I think Canadians would find very distasteful, with regard to respect for the rule of parliamentary procedures and law and how matters are handled.

I believe parliamentarians on committee, in reviewing the matter before us, did their job. They agreed upon the amendments. These have been tampered with yet again by the government to show bad faith in terms of respecting the fact that this is a minority government. It is important that we move now to make good laws and wise decisions. It does not include the changes proposed by the government.

Motions in AmendmentCanada Elections ActGovernment Orders

December 5th, 2007 / 5:10 p.m.
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Bloc

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

Mr. Speaker, I am pleased to speak to Bill C-29.The Bloc Québécois supports this bill, which seeks to prevent individuals from bypassing campaign financing rules. We support the bill for the simple reason that we think it is necessary to regulate loans in order to prevent people from getting around the financing ceilings. The problem with certain bills is that the wording may be clear, but sometimes the spirit of the letter can be abused. Sometimes a bill can be convoluted and ambiguous. This can result in misinterpretation or misapplication of the legislation. This bill establishes more rules for political financing.

I want to remind hon. members that financing ceilings were established in response to one of the Bloc Québécois' traditional demands. We demanded an end to corporate financing and limits on individual contributions, as has been the case in Quebec for 30 years.

I remember it as though it were yesterday. I can still see Prime Minister Chrétien, who was paying tribute to René Lévesque for introducing clear financing rules, or should I say, pure financing rules, in Quebec. Mr. Chrétien did not use those words, but he said that the new rules, which prohibited corporate financing, were largely inspired by what was happening in Quebec. Imagine. It was not easy for former Prime Minister Chrétien to pay tribute to René Lévesque. Mr. Chrétien probably had to dig deep for that. He probably had a hard time getting it out, but fortunately, for the benefit of everyone, Mr. Chrétien implicitly recognized that the Bloc Québécois had a reason to be persistent and to call for better financing rules at the federal level.

This bill includes the only modification proposed by the Bloc Québécois when the old Bill C-54 was at committee stage. After the throne speech, some bills had to be re-introduced, including the one before us, Bill C-29. The Bloc Québécois was strongly against political parties being held responsible for debts incurred by their candidates, particularly when the political party is not named on the contract between the candidate and the bank.

The members of the Bloc Québécois choose its candidates democratically. We sell membership cards for $5, and by purchasing a card, any person who subscribes to our values, principles and policies is showing that they support the Bloc Québécois in its defence of the interests of Quebec here on the federal scene. The membership card also gives the individual the opportunity to choose who will represent the Bloc Québécois and the Bloc Québécois platform in a byelection or general election. This is one of the benefits of being a member. There are others, such as the right to attend the annual general meeting, the right to receive party literature, and many other rights associated with being a member of a political party.

The Bloc Québécois is different from some other parties where the leader, on his or her own authority, can literally name certain people as candidates for the party. In our case, the members choose the candidates democratically. This democratic approach also means that anyone who is a member and shares the party's views can stand for nomination. This can cost candidates money. However, the bylaws of the Bloc Quebecois place a limit on what a candidate for nomination can spend. I believe it is $1 per member in good standing, but I could be wrong. At this late hour, my party's bylaws are not uppermost in my mind. Regardless, there is a limit on what candidates can spend. A person therefore could not decide to spend $350,000 to become a candidate at a Bloc nomination meeting.

During the last session, we found there was a problem with this bill, which was then known as Bill C-54. Candidates could spend up to the maximum stipulated in our party's bylaws, but if they were unable to pay their debts, if they had taken out a loan from a financial institution, the party was held responsible. We considered that totally unacceptable, and we still do. The party should not be held responsible for the debts of a candidate for nomination.

That is why, on behalf of my party, I introduced an amendment to Bill C-54, and I succeeded in convincing my opposition colleagues to bring the government into line. Unfortunately, as hon. members can read in the Order Paper and Notice Paper, the government House leader has introduced three amendments to this bill. One of those amendments would nullify the effects of the amendment my NDP and Liberal colleagues on the Standing Committee on Procedure and House Affairs agreed to after I convinced them. The government is proposing a motion to reverse this democratic decision of the committee.

With respect, I want to tell the government House leader that he will likely be disappointed, because I believe that my Liberal and NDP colleagues support the Bloc Québécois' interpretation, and we intend to reject this government amendment, which is designed to reverse what we won in committee. We do not want the government to do indirectly what it was incapable of doing directly.

Because I do not have much time, that concludes my remarks. The Bloc Québécois supports the bill, because it clarifies some rules on political party financing.

Motions in AmendmentCanada Elections ActGovernment Orders

December 5th, 2007 / 4:20 p.m.
See context

NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Speaker, on behalf of my colleagues in the NDP caucus, I am very pleased to join the debate on Bill C-29.

Let me say at the outset that I support the content of Bill C-29. I should point out that it finds its origins in a motion put forward by the New Democratic Party on the Federal Accountability Act which, sadly, failed at the time, but the government revisited the issue and saw fit to introduce the same subject matter in a separate bill. That bill is the one before us today.

We should start with the basic premise that nobody should be able to buy an election in this country. In fact, nobody should be able to buy a politician in this country. We should take whatever measures necessary to take big money out of politics for all the reasons that should be self-evident to those of us in the chamber today or anybody watching.

We only need to look south of the border to see how big money can undermine democracy. I do not want to cast any aspersions on the character of politicians there, but I would point out that it takes a couple of million dollars now to run in any credible way for a seat in Congress. Surely, people can see that if people have to start their political careers owing $2 million, it can, and I am not saying it does but it can, influence the way people make public policy. That is something we want to avoid in this country.

This bill also asks another question, and that is, when is a loan not a loan? I would put it to you, Mr. Speaker, that if a loan is never repaid, it is not really a loan anymore. It is a donation. That is the way Elections Canada views loans that are not repaid. If they are not repaid in 18 months, they become donations.

If a loan is larger than the amount people are allowed to donate and 18 months later it becomes a donation, they have made an illegal donation. There is a contradiction in our election financing laws that cries out to be addressed. This bill does just that.

Looking at the origins and history of this bill, I would like to recognize and pay tribute to the former leader of the New Democratic Party, who most recently sat as the member for Ottawa Centre, Ed Broadbent. A seven part ethics package was put together by Mr. Broadbent which became part of the NDP election campaign platform. It dealt specifically with the idea of election financing loans being problematic in our election financing system. The reason he was seized with the issue at that time is that we all observed the Liberal leadership race.

We became aware that even though the donation limits governing leadership races and other political events were quite rigid, because the very rules the Liberals established placed pretty serious limits on how much could be donated, the loans that were being made were massive. One person alone, the former NDP premier of Ontario, had $720,000 worth of loans from his brother, the executive vice-president of Power Corp. That loan would have to be repaid in accordance with the donation limits, which today would be $1,100 per person per year. We did not see how that was possible.

We were concerned that that loan would be lost in the sands of time without people aggressively policing how loans like that are repaid. People forget about them. Eighteen months later it would fall to the Chief Electoral Officer to follow it up, police it and make sure it was paid back. We are doubtful it happens in that way. This bill would preclude these big loans that are not really loans from undermining democracy and allowing big money to dominate politics once again.

There were other examples, too. Perhaps a more egregious example happened recently with the member of Parliament for Mississauga—Streetsville, who was a Liberal, crossed over to the Conservatives and now has to step out of that caucus as well because it was found that he was circumventing the election financing rules. Even though unions and businesses are not allowed to donate a single penny to finance an election, businesses can lend any number of dollars. In fact in this case, his own car dealership lent $240,000 to his riding association. Surely that violates at least the spirit of the act, if not the letter of the act.

I understand the election financing problems he has now deal more with overspending. I guess he was sitting on such a pot of money he overspent in his election campaign, but I call attention to the flip side of that coin and that is the source of that very money that he overspent, which was a loan from his own car dealership. That is fundamentally wrong.

It gives an unfair competitive advantage to somebody who can find a big corporation, or a big union for that matter, willing to finance him or her to this great extent, when the rest of us are out there scrambling around trying to raise money within the donation limit of $1,100 per year. Surely anybody can see the unfairness and the inequity of a system that would allow big money to dominate politics in that way.

As I said in my opening remarks, nobody should be able to buy an election in this country. It undermines democracy and more important, it undermines the public's confidence in their democratic institutions.

We are in the throes of a graphic illustration of how big money can undermine democracy. To those of us who sit on the ethics committee, and my Conservative Party colleague who is the vice-chair of the ethics committee perhaps feels the same way, if big money is influencing public policy decision making in the form of undue loans or loans that violate the spirit and the letter of the election financing laws, or bags of cash are given to leadership hopefuls or former prime ministers in hotel rooms, the public confidence in their institutions is severely shaken and undermined.

We work too hard to set up the best country in the world to see its democratic institutions undermined by what can be only described as greed by those who are willing to take advantage of loopholes in the election financing laws or in the lobbying registration laws, or the lack of them.

When the NDP was faced with the previous incarnation of this bill, and I believe it was Bill C-54, we spoke in favour of the bill. We note now that the government has introduced three amendments at report stage, two of which we have no difficulty with. We believe they are technical in nature and not of any substance.

The third one we do have a problem with and we will have to serve notice that we will vote against the third recommended amendment at report stage. It is a default mechanism that if the candidate in an election campaign defaults on a loan, it automatically goes to the federal party. We are not in favour of that amendment. We believe it complicates matters. Unless the political party has the right to veto such a loan, it should not be the automatic seconder or co-signer of that loan. It seems to me that it places an undue financial burden on the federal parties.

There are enough illustrations and graphic examples in the country that the general public could relate to this bill. In the spirit of fairness, in the spirit of levelling the playing field, in the spirit of creating an election financing regime where we all have an equal opportunity and we do not have a system that is dominated by big money in politics, that should be our goal. It should be our guiding principle that one of the best things about our election system, I believe, is how egalitarian it actually is.

There was a time when politics was the purview of the well connected, the rich and the powerful. We have a political system where a carpenter like me can aspire to raise the small amount of money necessary to become a member of Parliament. We have schoolteachers, auto mechanics and electricians; I have met many of my colleagues from all walks of life.

That is the system we want to preserve. We do not want to give an unfair competitive advantage to those who happen to know people who could lend them massive amounts of money far and away larger than the annual limit that we have set through the election financing laws.

Motions in AmendmentCanada Elections ActGovernment Orders

December 5th, 2007 / 4 p.m.
See context

Bloc

Pauline Picard Bloc Drummond, QC

Mr. Speaker, I am happy to take part in this debate on a bill that aims to correct another problem with the Federal Accountability Act. I would remind this House that when Bill C-2 was studied, the government was interested in passing the bill quickly, an attitude that we in the opposition parties, the media and Democracy Watch criticized.

The Bloc Québécois supports Bill C-29 in principle, because it addresses the problem of loans that allowed individuals to bypass political contribution restrictions. In fact, Bill C-29 fills the gaps the government left in studying Bill C-2, which contains little protection for whistleblowers and does nothing to improve the Access to Information Act.

Quebeckers have long understood the importance of having clear, reliable rules on financing political organizations. The Bloc Québécois supports Bill C-29 in principle, because it should prevent people from getting around the financing rules, especially as regards contribution limits.

I want to stress that the Bloc Québécois fought long and hard for these limits. Inspired by the system that has been in place in Quebec for 30 years, we called on the government to put an end to financing by companies and limit individual contributions. Bill C-29 incorporates the only change proposed by the Bloc Québécois when Bill C-54 was studied in committee. Then, we decried the fact that the political party was held responsible for its candidates' debts, even if the party was not a party to the contract between the individual and his or her financial institution.

I must say that I am extremely disappointed that the government is refusing to comply with the committee's decision on this. Although the current government wants to demonstrate good faith and sincerity, the fact remains that its intentions are not really genuine. In fact, the Conservatives are using this bill to point out that during the most recent Liberal leadership race, several candidates took out big loans to bypass financing restrictions. Yet the Conservatives are forgetting that the Prime Minister himself has not disclosed all of the contributions he received during the 2002 leadership race.

If the Conservatives think they can pass themselves off as the champions of transparency and the standard bearers of ethics, I must remind them of a few facts that might force them to reconsider. We all remember, as does the public, all the back and forth between political offices and lobbying firms, the contracts awarded to political friends, the use of public funds for partisan purposes, the many partisan appointments, the appointments of judges and immigration commissioners, that is, to the IRB, on the basis of their political beliefs, and the publication of a guide intended for Conservative members who chair committees that lists every possible, imaginable measure to obstruct the work of committees.

Bill C-29 aims to correct the problem of loans used to circumvent the limits on contributions paid to political parties, but certain problems remain. Whistleblower protection comes to mind. During the election campaign, the Conservatives promised to guarantee whistleblowers greater protection. They wanted to “ensure that whistleblowers would have access to adequate legal counsel”. Yet the Conservatives' bill allows for only $1500 in legal fees.

They also wanted “to give the public sector integrity commissioner the power to enforce the whistleblower legislation”. They wanted “to guarantee protection to all Canadians who report wrongdoing within the government, not just to public servants”. Furthermore, they wanted “to take away the government's ability to exempt crown corporations and other entities from the application of the whistleblower legislation”.

In the recent sponsorship scandal, one of the whistleblowers, Allan Cutler, a Conservative Party candidate in the 2006 election, I should mention, was somewhat critical of Bill C-2. He maintained that Bill C-2 was far from perfect and had some problems that needed fixing, especially with respect to the provisions for protecting whistleblowers.

On April 5, 2005, the Liberal government released a discussion paper on reforming the Access to Information Act. This document met with general criticism. In addition to doubling the minimum administrative fees charged to the public, the proposal by the member for LaSalle—Émard, maintained all the exceptions provided for in the legislation.

If the Liberal Party never managed to bring about any useful reform of access to information in 13 years, the Conservative government, despite its election promise, did not do any better. We are still waiting for this reform.

The public knows that once in power, the Conservatives and the Liberals are not in such a hurry to reform the legislation. The information commissioner recently observed that this is a common trait in all governments:

The reason that action, not more study, is required is that governments continue to distrust and resist the Access to Information Act and the oversight of the Information Commissioner.

With regard to the lack of transparency in election financing, we can see that the Liberals and the Conservatives are equals. What is the Prime Minister waiting for to disclose all the contributions he received during the 2002 Canadian Alliance leadership race? The public must know that the Prime Minister admitted, in December 2006, that he failed to disclose to the Chief Electoral Officer that he had received hundreds of thousands of dollars. The money consisted of registration fees collected from Conservative delegates attending the Conservative Party's May 2005 convention. The party was forced to treat convention registration fees as donations. The report indicated that three delegates, including the Prime Minister, had exceeded their annual contribution limit of $5,400 to the party.

At the very least, the Conservative government is a government susceptible to powerful influences. The Prime Minister, when he was leader of the opposition, reprimanded the Liberals for the comings and goings between political offices and lobbying firms. Yet, since taking power he has done no better.

To summarize, the bill establishes a standard and transparent reporting system for all loans made to political entities, requiring the mandatory disclosure of the terms of these loans as well as the identity of the lenders and guarantors.

The bill would prohibit all unions and corporations not only from making contributions, in accordance with the Federal Accountability Act, but also from lending money.

Loans, loan guarantees and contributions from individuals could not exceed the limit set out in the Federal Accountability Act, which is $1,100 for 2007.

Only financial institutions, at market interest rates, or other political entities would be able to lend money exceeding that amount. The rules for unpaid loans would be tightened so that candidates could not default on their obligations.

Loans not repaid within 18 months would be considered a political contribution.

Riding associations, or where there are none, the parties themselves, would be held responsible for their candidate's unpaid loan.

For all these reasons, we support the principle of this bill but we truly hope that motion no. 3 will be defeated.

Motions in AmendmentCanada Elections ActGovernment Orders

December 5th, 2007 / 3:45 p.m.
See context

Liberal

Marcel Proulx Liberal Hull—Aylmer, QC

Mr. Speaker, the Liberal Party supports efforts to improve the transparency and accountability of the electoral process. Early on, our party was the one that passed the bill to limit the role of corporations and unions in election financing. We also initiated the most significant contribution limit reduction in Canadian history.

That is why Liberal party leadership candidates exceeded Elections Canada's requirements to disclose campaign loans. In contrast, the current Prime Minister is still refusing to disclose the names of those who contributed to his leadership campaign in 2002.

In practice, this legislation would give the last word to financial institutions, not Canadians, when it comes to deciding who can run for office in Canada. This bill would also have a negative impact on Canada's middle class, particularly nomination contestants, at a time when the government should be encouraging Canadians to increase their participation in the democratic process.

If the proposed changes are implemented, it will be very difficult for Canadians, particularly those with limited means who know few wealthy potential backers, to try to get elected in Canada because it is hard to get a loan from a financial institution. Even though we are in favour of a transparent and accountable electoral process, we believe that this bill unduly restricts Canadians' access to the democratic system and that it will prevent them from participating in it.

The Conservatives would have us believe that current legislation enables individuals to walk away from debts. Nothing could be further from the truth. Under the current legislation, individuals cannot use loans to bypass contribution limits, nor can they walk away from debts with impunity. The bill merely reiterates existing provisions. The Conservatives think they can fool Canadians into believing that this bill in some way makes significant changes to the law.

For the record, the official purpose of this bill is to reduce the possibility of undue influence in public life by wealthy interest groups. Obviously, this bill was developed to put the Liberal Party of Canada at a financial disadvantage. The main consequence of this new bill is that it severely restricts the opportunities for people running for office to take out loans, a common practice in the past. The proposed legislation would prohibit individuals from making a loan or guaranteeing a loan to political candidates by restricting contributions to the $1,100 limit currently in the Federal Accountability Act.

Furthermore, as in the Federal Accountability Act, unions and corporations cannot make a loan to political candidates, parties or associations. Of course, the government claims that the purpose of this measure is to reduce the influence of wealthy financial contributors, who apparently used personal loans to bypass the restrictions on donations in the Elections Act.

The fact of the matter is that during our last leadership campaign, all the candidates publicly disclosed all the loans they had received for their campaign and went above and beyond what was required by Elections Canada. If this bill is passed, only political parties such as the Liberal Party of Canada or local riding associations and financial institutions will be able to make loans to candidates, and it must be at the market interest rate.

There are also new disclosure criteria, requiring that all conditions such as the amount, rate, lender's name and address, and the guarantor's name and address, if applicable, be disclosed.

If the Chief Electoral Officer determines that an unpaid amount of a loan to a candidate of a registered party has been written off, the registered association or, if there is no registered association, the registered party becomes liable for the unpaid amount as if the association, or the party, had guaranteed the loan.

The minister referred to the changes in this regard. I should remind the House that, when it met last spring to consider the bill, numbered C-54 at the time, the Standing Committee on Procedure and House Affairs agreed by a majority vote to amend the government's proposal, to ensure that debts incurred by candidates without the consent of their associations or parties not come back to haunt the associations or parties. A majority of the committee did not want this to happen.

Unsatisfied with this majority decision of the committee, the government is now changing the wording of the bill to make this undesirable situation possible again.

The original text of Bill C-29 read, on page 5, lines 32 and 33, “the claimant, the candidate's registered association or, if there is no registered association, the registered party.” It said that these parties shall be informed. Today, the government is seeking to amend lines 32 and 33. At line 32, it is keeping the word “claimant”, but replacing the comma with a semicolon followed by “the registered association or, if there is no registered association, the registered party”, and it adds: “becomes liable for the unpaid amount as if the association or party had guaranteed the loan.”

This reversal of the reversal adopted by the majority in committee in the spring is unacceptable in that the association—or, if applicable, the party—would be held responsible for a loan without previous knowledge of it, without having guaranteed the loan, and without having been informed that the loan was contracted. A national association—or a national party—could quite easily end up in a situation whereby a candidate, without consent from the association or the party, could incur personal debts, under the pretext that it is for an election campaign. Then the party—or the association—without warning, would be responsible for paying back the loan. It is very difficult to accept that part.

There is also the matter of financing leadership races. The minister was honest. He bluntly said that instead of allowing citizens to participate by making contributions on an annual basis, as long as the loan has not been paid back in full, citizens should instead make a single contribution for a maximum of $1,100. The legislation prevents them from participating any more than that in leadership race financing.

Since I do not have very much time left, I want to say that although we are in favour of having a transparent and accountable electoral process, we believe that this bill unduly limits Canadians' access to the democratic system and that it will impede their participation.

Motions in AmendmentCanada Elections ActGovernment Orders

December 5th, 2007 / 3:30 p.m.
See context

York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader 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 ActRoutine Proceedings

November 22nd, 2007 / 10:05 a.m.
See context

Liberal

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)

Canada Elections ActRoutine Proceedings

November 22nd, 2007 / 10:05 a.m.
See context

York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader 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 ReplySpeech From The Throne

October 22nd, 2007 / 5:40 p.m.
See context

Conservative

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 ReplySpeech from the Throne

October 22nd, 2007 / 12:25 p.m.
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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader 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.

June 19th, 2007 / 12:15 p.m.
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Conservative

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 AffairsCommittees of the HouseRoutine Proceedings

June 19th, 2007 / 10:05 a.m.
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Conservative

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 ActGovernment Orders

June 18th, 2007 / 1:45 p.m.
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Regina—Lumsden—Lake Centre Saskatchewan

Conservative

Tom Lukiwski ConservativeParliamentary 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—

June 18th, 2007 / 12:25 p.m.
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Bloc

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?

June 18th, 2007 / 12:25 p.m.
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Bloc

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.

June 18th, 2007 / 11 a.m.
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Conservative

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 HouseGovernment Orders

June 14th, 2007 / 3:10 p.m.
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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader 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.

June 14th, 2007 / 12:25 p.m.
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General Director, Bloc Québécois

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.

June 14th, 2007 / 12:15 p.m.
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Conservative

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.

June 14th, 2007 / 11:55 a.m.
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Bloc

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?

June 14th, 2007 / 11:50 a.m.
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Conservative

The Chair Conservative Gary Goodyear

You have two minutes left, but I wonder if we could talk about Bill C-54 at some point.

June 14th, 2007 / 11:25 a.m.
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National Chair, Equal Voice

Raylene Lang-Dion

Thank you so much for inviting Equal Voice to appear before the standing committee. For those of you who are not aware of Equal Voice, if you can just indulge me, I'll take a moment to explain who we are.

Equal Voice is a national, multi-partisan, volunteer-based organization dedicated to the promotion of electing more women in Canada. We currently offer such services as a bilingual online campaign school called “Getting to the Gate”, and an informal speakers bureau. We raise awareness of the issue via public events. We compile federal and provincial election-tracking data, and we are midway through a national public awareness campaign called “changing the face of Canadian politics”. Most significantly, this year on the 25th anniversary of the Canadian Charter of Rights and Freedoms, all federal political parties committed to nominating and electing more women in the next federal election by accepting Equal Voice's “Canada challenge”.

With over 1,500 members and growing, we will soon have chapters in every Canadian province. Even though women comprise 52% of the population, only 21% of elected representatives are women. Canada is now ranked 48th in the world by the Inter- Parliamentary Union for the percentages of women elected to Parliament. The numbers do not need further elaboration, for they speak for themselves.

The issue of women in politics has been thoroughly studied by the House of Commons, the Senate, royal commissions, and many academics. We all know that women are truly numerically under-represented in Canada, and we have to ask ourselves what we are going to do about it.

Equal Voice is a relatively new and growing organization made up mostly of men and women who volunteer their time for the cause. We still have a lot to accomplish in terms of having the resources to respond rapidly to issues such as Bill C-54. Therefore, today Equal Voice will speak to the historical aspects of proposed financial reforms that would benefit women seeking public office.

Equal Voice has yet to identify any academic data supporting the notion that there have been sufficient financial reforms or sufficient moneys for women entering politics, particularly at the nomination stage. More bluntly stated, the issue of money continues to serve as one of the greatest barriers to women wishing to enter the elite level of the political realm.

You are well aware that there have been two royal commissions, the first one in 1970—otherwise known as the Bird commission—and then the 1990 Royal Commission on Electoral Reform and Party Financing. The 1990 commission clearly recognized the effects of unequal financing on women's candidacies and made eight recommendations aimed at rectifying the imbalance. I won't go through them all, because I'm sure you're familiar; however, I will mention the top three: the spending limit should be set at approximately $200,000 for party leadership contests; the spending limit should be set at approximately $5,000 for constituency nomination contests; and contribution for nomination contests should be tax-deductible. And there were a few other very good suggestions.

Equal Voice is eager to hear what others have to say on the proposed amendments. Specifically, we are very interested in how Canada's banking community interprets the proposed amendments, because the banks may very well determine women's access to loans for the purposes of election campaigns. We are also curious to know what Elections Canada has to say about the differences in moneys raised by male and female candidates during the election period. These are but a few of the questions that must be addressed before this bill can be adopted.

A May 1995 study from the Canadian Federation of Independent Business stated that “women seeking financing are refused 20 per cent more often than men; and women are regularly charged a higher rate of interest than men”. It would be interesting to know if this is applicable for women seeking loans for nominations in elections.

Finally, Equal Voice asks why more focus has not been given to the findings of the previous royal commissions. Equal Voice supports initiatives that level the playing field for women, and we'll be clarifying specifics over the next year as we have the opportunity to develop formal position papers on a variety of issues relevant to women's political participation and election.

We look forward to sharing these with you, and with all Canadians, and the international political audience. Equal Voice is raising the profile of the issue of the under-representation of women and continues to build a national, not-for-profit organization to offer practical tools to help women before and after making a decision to run for political office.

We wish you well in your deliberations as you make decisions that will affect all Canadians seeking political office. Women are under-represented, and you have an opportunity to help ease the financial burden for women wanting to get elected, for women who are committed to serving their country.

Equal Voice thanks you again for the opportunity to appear before this committee.

June 14th, 2007 / 11:05 a.m.
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Conservative

The Chair Conservative Gary Goodyear

We'll do exactly that, and we'll have that out today.

Colleagues, having said that, then we're going to drift off a little bit. We have a meeting scheduled for Monday, and there have been some requests that we keep the meeting on Monday, and move right into clause-by-clause. If members are willing to do that, then we are prepared to do that. However, I'm going to make a bit of a request. After today's testimony, it makes sense to me that if anyone hears something that would cause them to request an amendment, that we have that amendment to our clerk by five o'clock today.

I'm seeing nods of the head, and we can do that. That would allow us to determine the relevance of the amendment, as well as get them translated, and have them back to everybody for Monday morning's clause-by-clause.

Everybody is happy?

Thank you very much, colleagues.

This morning we'll move right along. I would advise everyone that we have lunch coming, and if we need the time we will continue the meeting, but if we feel that we've wrapped it up we will just enjoy lunch. Our guests today are invited to stay, obviously, and you may actually be sitting in the hot seat answering questions, but please feel free to get up and serve yourselves at that time. We do have this room booked from now until two o'clock, or as close to that as possible, and we will respect question period, of course.

Pursuant to the order of reference of Monday, May 28, the committee will now resume its consideration of Bill C-54, an act to amend the Canada Elections Act on accountability with respect to loans.

I'm going to ask our guests to introduce themselves first. We'll start over here with Mr. Carroll. If you could just introduce yourself, and who you represent, then I will instruct you further.

Mr. Carroll, please.

June 14th, 2007 / 11:05 a.m.
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Conservative

The Chair Conservative Gary Goodyear

Good morning, everyone, and thank you, colleagues, for attending this meeting.

We have a number of guests with us this morning, a number of expert witnesses who will help us muddle our way through Bill C-54.

Colleagues, I want to remind everyone that this meeting is being held in public, and I just want to bring everyone up to date on the issue of witnesses. We did have a number of requests come in for witnesses, and we have everyone here this morning except for the Vancouver Citibank.

Did you want to make a comment on that right away? Then that will solve some problems.

Ms. Wasylycia-Leis, please.

June 12th, 2007 / 12:20 p.m.
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Conservative

The Chair Conservative Gary Goodyear

Merci.

On behalf of all my colleagues, I want to thank our witnesses for coming today. I'm sure you're used to this sort of thing, and I apologize, but again, I extend the committee's gratitude for your being available for us today. We'll repeat this hopefully next Tuesday. You're dismissed.

Thank you very much.

That ends the business for today on Bill C-54.

Monsieur Guimond, we will move to the next item on our meeting. Monsieur Guimond, please.

June 12th, 2007 / 11:40 a.m.
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Liberal

Stephen Owen Liberal Vancouver Quadra, BC

Certainly. Thank you, Chair.

I move that the committee postpone the clause-by-clause study of Bill C-54 until it has heard from the representatives of Equal Voice and financial institutions, in order to properly assess the bill's impact on women and other prospective candidates who have financial constraints, particularly for nomination contests.

I believe that's ready and can be circulated in French and English.

June 7th, 2007 / 12:40 p.m.
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Conservative

The Chair Conservative Gary Goodyear

Colleagues, if I could just interject, it sounds to me as though there needs to be some work done on this motion.

I'm not sure how to get that information back to Mr. Guimond; it would be his responsibility to fix his own motion. We do not have a quorum to make a decision, so I'm going to have to stick with the committee's original decision to discuss this further on Tuesday. However, I think it would be appropriate for Mr. Guimond to be aware of our concerns with respect to this motion.

As the chair, I want to readvise members of decisions made earlier when we had quorum--that is, we're moving to clause-by-clause study of Bill C-54. I am going to be courteous to Mr. Guimond and offer him some time on Tuesday at the end of the meeting. If this is a long, drawn-out discussion, then I think we're in a little bit of trouble and I can't do anything about it.

Discussions on this issue are concluded, in my opinion. Is there any more business for this committee? We are in public.

I'll take a question from Mr. Godin.

June 7th, 2007 / 11:40 a.m.
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Liberal

Karen Redman Liberal Kitchener Centre, ON

This may not even be a fair line of questioning, given your specific area of expertise, but I have a real problem with the fact that we're going to be now putting financial institutions in the position of deciding whether or not certain individuals are a good risk as far as lending to them is concerned. For instance, if they don't pierce the requisite threshold—Say I'm the Brown Bread Party and I'm an independent or a small fringe party that may have a few candidates but never form government. I think we're putting the financial institution, then, in a position of saying whether or not this is a good financial risk and de facto saying whether or not I can exercise my right to participate in the democratic process.

I guess my other question to you would be this. Do you monitor abuses? Again, I would question what Bill C-54 is trying to fix. Does Elections Canada look at—? Do you have statistics—if you don't have them now, perhaps you could send them to us—of the number of defaults, the number of years that typically large—recognizing, again, that you have different donors and different donor levels? How long does it take most of them to pay back those loans? And again, I would agree it's probably the major parties that take up most loans.

June 7th, 2007 / 11:35 a.m.
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Liberal

Karen Redman Liberal Kitchener Centre, ON

I keep looking at your name and think, “Now, say it right.”

I really appreciate some of the enlightenment you can bring us from Ontario with your having a track record.

Quite frankly, I have read Bill C-54, and I wonder what the government is trying to fix with this. It may be what Monsieur Godin was trying to get at a little bit. If somebody defaults on a loan and is a candidate, do the members of the riding association then become personally liable? I guess that's the hard part of it, if Bill C-54 allows riding associations to guarantee a loan.

The other issue I'd also like to cover off is floor crossing. You may or may not have had a lot of floor crossings in Ontario, but in our last election we had a Liberal candidate, Mr. Emerson, who crossed the floor to become a Conservative two weeks after the election. I see nothing in this legislation that would ever cover that eventuality. I can well appreciate that a riding executive of one party stripe would not want to be the guarantor and indeed be paying off the campaign loan debts of somebody who was no longer a member of that party.

So I guess I have a two-part question: who is liable in default, and have you covered off floor crossings at all?

June 7th, 2007 / 11:35 a.m.
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Director, Election Finances, Elections Ontario

Mike Stockfish

There's been no evidence of a difference between males and females, but again, we haven't done any research in that regard. Our system is distinctly different from what's proposed in Bill C-54, from the vantage point of the contribution limits and the $1,100.

I really can't pass judgment in terms of the lending practices.

I don't get the sense that there is a distinct disadvantage for certain groups versus others with the system we have in place.

June 7th, 2007 / 11:35 a.m.
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NDP

Yvon Godin NDP Acadie—Bathurst, NB

As you read Bill C-54, do you see any problem for a woman to run, compared to previously? I do not know if you have studied the bill at all. We know that even if women can take out loans these days, I think that the big loans still go to men.

In Ontario, have you seen the previous situation change since you passed your bill?

June 7th, 2007 / 11:35 a.m.
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Director, Election Finances, Elections Ontario

Mike Stockfish

To be honest, I'm not in a position to pass judgment as to what works and what doesn't work in terms of Bill C-54. I've certainly read it and I understand it, but this gets back to my earlier comment that it's part of a bigger framework. The election finances framework and the philosophy behind it are determined by the legislators. So there are distinct differences in Ontario versus federally. But if you guarantee a loan in Ontario, that does not get charged against your contribution limit.

June 7th, 2007 / 11:35 a.m.
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NDP

Yvon Godin NDP Acadie—Bathurst, NB

Where Bill C-54 will do it, then we have to study what will happen. If an association wants to borrow $20,000, do they need 20 people in the association to make the loan? It's a question that should be answered, but you don't have that answer.

June 7th, 2007 / 11:30 a.m.
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NDP

Yvon Godin NDP Acadie—Bathurst, NB

Thank you, Mr. Stockfish, and welcome.

That is the reason why it is better for a political party to give a candidate money rather than to lend it, correct?

Let's say that the constituency association goes to a financial institution for a loan. First, in Bill C-54 only a loan of $1,100 can be guaranteed, and if someone has made a contribution of $1,100, he cannot then guarantee a loan. No guarantee can be made because it is the same as a contribution.

If the association makes the loan, can the association president, the election agent or anyone who signs the loan also give $1,100? Are these people just guaranteeing the loan, or do they represent the association? Is my question clear?

June 7th, 2007 / 11:30 a.m.
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Bloc

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

Thank you, Mr. Chair.

Thank you for coming to testify before us, Mr. Stockfish. I have two quick questions to ask you.

First, under the Election Act of Ontario, are the parties ultimately responsible for loans taken out by candidates?

Second, are parties required to lend money to candidates or associations at current commercial rates?

Given that I made no introduction, that I am surprising myself with my speed this morning, and that I am impressed with myself, I am going to ask a third question and get a full meal deal like at McDonald's.

Third, in Bill C-54, if a party grants a loan to a candidate or to an association, and if the rate is lower than the market rate, for example if the market rate is 7% and the party lends money at 5%, we consider that the 2% difference would be seen as a contribution, and so could show in the books. Does Ontario have a similar provision?

Thank you, Mr. Chair. Those are my questions.

June 7th, 2007 / 11:05 a.m.
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Conservative

The Chair Conservative Gary Goodyear

Colleagues, let's start our meeting this morning. I want to advise members right off the bat that the meeting will be held in public.

As well, I want to advise that you have received this morning the information from the Chief Electoral Officer and Elections Canada. That was circulated this morning. Hopefully, you've had an opportunity to read that. A second copy is being circulated to members right now, just in case that might drum up some questions for our witness this morning.

Colleagues, the order of business today will be to pose any questions we may have regarding Bill C-54 to our witness today, who I'll introduce in just a moment. At the conclusion of these questions, and I'm certainly hoping we will have time, we have two other pieces of business.

The first one, following the witness, will be dealing with the subcommittee's report on the conflict of interest code.

On the second one Monsieur Guimond has just approached me and we will give him some time at the end of that, following that, if in fact we still need the time. I will offer that to Monsieur Guimond.

Colleagues, pursuant to the orders of reference of Monday, May 28, the committee will now resume its consideration of Bill C-54, An Act to amend the Canada Elections Act (accountability with respect to loans) 2007.

I want to advise the members that we did in fact contact all the witnesses that the steering committee, and ultimately the committee itself, agreed to, and as the committee agreed, those witnesses who could appear would appear here on Thursday. Those witnesses who could not appear would be requested to submit something in writing, so that we could review that for our Tuesday meeting, and then we would start clause-by-clause on Tuesday.

I have to tell members that Equal Voice was in fact e-mailed. We do have acknowledgment that the e-mail was received. However, we have had no response whatsoever from Equal Voice.

The Supreme Court judge we were trying to reach was not reachable, and the other gentleman is simply not available.

Elections Ontario has accepted our offer to appear here and has sent to us this morning a witness whom we can question.

As to the other witnesses who have responded or we've been in touch with, again, I just want to repeat that they've been asked to submit so that we can get their opinions on this issue.

Without further delay, colleagues, let me introduce Mike Stockfish. He's the director of election finances for Elections Ontario.

Madam Redman, please.

June 5th, 2007 / 11:10 a.m.
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Conservative

The Chair Conservative Gary Goodyear

Thank you.

Do you want to adopt the budget first?

Lucile has put together a budget for us for the study of Bill C-54. It would include the cost of witnesses' expenses, potentially a video conference—that I don't see happening, but we have it here just in case—and miscellaneous. The budget is $14,350 to study Bill C-54.

All in favour of the budget?

June 5th, 2007 / 11:05 a.m.
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Conservative

The Chair Conservative Gary Goodyear

No.

Sorry, you did hear that wrong, or perhaps I said it wrong. This Thursday we would have the witnesses for Bill C-54, and the Conflict of Interest Code. Clearly, if there ends up being a lengthy discussion on this issue, we won't be able to deal with it on Thursday.

There has been such a lot of work done on that code.

Madame Redman, you were on that committee, so you know that there was a lot of work done.

Mr. Owen, you were on that committee, and a number of us were there. Chances are we'll have a look at that, and there may be brief discussions, and we'll be able to do it this Thursday.

Clause-by-clause on the contract--I can't see that starting until Tuesday, simply because I don't expect all the witnesses to be able to attend. One of them is a superior court judge. We're asking them.

For another witness--I believe, Madame Redman, recommended by you--we have only an e-mail address. There is no phone number. There is no way to contact them, and we're doing our very best.

I sense that some of them will ultimately be submitting reports rather than appearing in person. I can't see that happening before Monday, so I can't see us starting clause-by-clause before Tuesday, which means Thursday.... Anyway, that's all I have to say about that.

Mr. Lukiwski.

June 5th, 2007 / 11:05 a.m.
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Liberal

Karen Redman Liberal Kitchener Centre, ON

Thank you, Mr. Chair.

First of all, I appreciate the work of the steering committee, and just for record, we Liberals would be very happy to be here until the 22nd, if we need to, to get all of this done.

I want to clarify if you said in your report on the steering committee that we could potentially be doing Bill C-54 clause-by-clause and the Conflict of Interest Code on the same Thursday, or am I wrong?

June 5th, 2007 / 11:05 a.m.
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Conservative

The Chair Conservative Gary Goodyear

Colleagues, we're going to start our meeting this morning.

This morning's meeting will pretty much deal with two key issues. One is the steering committee's recommendations on where this committee should go over the next couple of weeks, and the second part will be based on whether we accept that report or not.

First, colleagues, let me tell you that we potentially have six meetings left. That's not a lot of time. The steering committee met this morning at eight o'clock and reviewed all the different motions before the committee, as well as leftover business, or some small items requiring more detailed discussions—which time potentially does not permit. As well, we looked at the list of potential legislation that could be sent before this committee.

The steering committee had lengthy and very in-depth discussions, and ultimately, here's what the steering committee decided.

We will deal this morning with Monsieur Guimond's motion in relation to questions by independent members during question period.

The second thing the committee recommended was that because all the other motions on your list require significant discussion, they should be put off until the fall.

The committee discussed Bill C-54 and a number of potential witnesses to be called on Thursday. We've narrowed the list down to four witnesses, all of whom will be contacted, if they've not already been contacted. Lucile has already sent out some e-mails this morning. The witnesses we requested will be here on Thursday, and those who can't make it on Thursday will be requested to submit a report by the end of day Friday, which will be translated and submitted to members late on Monday, if all goes well, for Tuesday's meeting. So we should finish our investigative process as a result of that action. We should be able, therefore, to begin clause-by-clause consideration of Bill C-54 on Tuesday, June 12.

Again, rumours are flying about how much time we have left here in Parliament, but we may then begin with Bill C-55 on Thursday—but I think we're moving too far ahead. The steering committee only decided, therefore, on the plan of action for today's meeting, as I said, which will be to deal with Mr. Guimond's motion. If the committee agrees with that, we would ultimately adjourn today, and on Thursday we would come back to hear the witnesses.

I should also point out that the Conflict of Interest Code has been finished by our subcommittee after, I think, 11 meetings and some fairly arduous work. That is ready to be presented on Thursday. We'll have a look at that on Thursday as well, along with having our witnesses.

On Tuesday we'll begin clause-by-clause. We need to agree as a committee on a 24-hour notice for any amendments to Bill C-54, and we need to approve a budget.

So that's what we need to do today. Are there any discussions on that?

Madame Robillard, you're first, and Madame Redman, you're second.

Canada Elections ActGovernment Orders

May 31st, 2007 / 3:15 p.m.
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Liberal

Alan Tonks Liberal York South—Weston, ON

Mr. Speaker, I am privileged to rise today to continue the debate with respect to Bill C-55.

There has been a great deal of extrapolation and overview with respect to the ingredients of the bill. I do not think there is anyone in the House who would take exception to the efforts of the government and the opposition to find ways to broaden the franchise and to encourage people to exercise their democratic right to vote. As has been pointed out, this is one of the most basic freedoms that we enjoy and we should always be perceptive and reactive to citizens' needs for accessibility in order to exercise that franchise.

This particular bill is systemic in the sense that it deals with the mechanics of the election through the availability of advance polls. The bill is suggesting two additional days, one of which would be exactly the same, and the other being the Sunday prior to the election. Polling subdivisions across the country would be the same as those that would be accessible in the general election. That is self-evident in the sense that it would be more accessible for Canadians across the country to avail themselves of their franchise. Thus, it would be surprising if there were any opposition to that.

One issue has been indirectly raised and I would like to bring it into the discussion. I would suggest that this is more of a discussion with respect to allowing people to exercise their franchise and encouraging them to vote rather than one in terms of the usual cut and thrust of debate where something is put forward and the opposition has to tear it apart and find some way to improve it.

There are many improvements, I suppose, that generally could be made to the manner in which we carry on the electoral process. Fixed dates has been mentioned, and it is generally considered that this would be advantageous and a step in the right direction toward democratic reform.

The advance poll would be on the Sunday prior to the election and would have the same level of accessibility as a regular polling day during an election. This advance poll would be held the day before the election. I do not know whether the government has given enough consideration to the implications this might have if there were an issue of a high level of interest such as we experienced during the same sex debate where amendments had been made and had became law, but there was a continuing discussion of that through the last election period.

The fact that there was an interlude or, what I would characterize it as, a cooling off period between the time the bill became law and the election, very strong positions were taken across the country among various groups, but at the end of the day everyone had the opportunity for discussion, decisions had been made and we were moving ahead.

This just occurred to me. In the heat of debate, where there are issues that touch on the moral and legal lines, is it in the national interest for there to be the heightening of concerns and a re-awakening of issues the day before the vote? The ability to have a cooling off period, a period where people have an opportunity to digest what has been done, reflect on it and then exercise their franchise during the general election is that implicated by the fact that we are now having a poll the very day before an election, a poll that will be accessible in every constituency, every subdivision across the country?

In fact, that might become the source of discussion as a matter of religion. We have always tried to consider religion as absolutely sacrosanct in terms of issues related to what people view as their religious feelings on a matter and balance that against what is a political issue that is being defined by charter issues and so on.

It is this kind of balance that Canadians have been able to advance civil society through our institutions and conventions. We treat our conventions with respect and tend not to over-moralize. We try to have a balanced perspective with respect to how we would like to entrench the rights of all Canadians in terms of our institutions through our Charter of Rights. This was both the process and substance of what that discussion was all about many months ago, and we advanced past that.

I have a concern, and I am not sure whether it has been reflected on by the government, about should an issue of this nature arise or one related to our history in conscription. This was an extremely divisive issue and we had to come to grips with it. It led to regional differences that in fact threatened to divide the country and it took years for us to move past that issue.

The day before the election is there a possibility that there could be a negative influence in terms of institutions that would now be used, in the name of religion, to mobilize around particular points of view and inordinately affect the outcome with respect to an issue as it relates to a political decision? I only put that out as a concern. It has not been mentioned and it is perhaps something, had there been a broader consultation, that would have been more clearly articulated with respect to the bill before us.

When we look at the statistics, particularly for young people and those who have felt disenfranchised for whatever reason, they indicate that voter involvement has gone down. It was as high as 75%, as I understand it, in the 1970s and 1980s and has gone down to 65% or 60%. We note also that even among seniors, for whatever reason, there seems to be a diminishing of interest with respect to exercising their franchise, which might be a surprise to some people. There are regional patterns with respect to people being less inclined to exercise their franchise.

Although this is an exception, it is worthy of mention. Where we have done studies empirically trying to establish why people get involved in the process of voting and so on, it has been very clear that new Canadians, particularly those who have become citizens in the last decade, are exercising their franchise at a higher level than those who have been here for a long time.

Is it because we take our democratic right to vote for granted? Is it because of the experience new Canadians have, coming from countries where they did not have those privileges? As immigrants always have in the history of our country, they come here to seek a better life, a life where they have more say in their own futures, the futures of their children, the legacy they are creating. It is obvious to me that with those higher voting ratios among new Canadians, there is something for us to learn.

It is why this discussion goes beyond Bill C-55. Bill C-55 provides another opportunity for people to exercise the franchise. For us to really come to grips in real terms with increasing the responsibility and accountability to be part of the electoral process, we have to look beyond Bill C-55.

My colleagues in the New Democratic Party were speaking yesterday about proportional representation. They were alluding to what was happening in the province of Ontario with respect to a citizens commission, which looked at different approaches to electoral reform. This will find its way through into the next election in which there will be a referendum, just as there was in British Columbia. This is one approach that could be taken with respect to mobilizing public opinion and attempting to focus that on improving our electoral system.

I believe the government has attempted to look at different approaches because two other bills were introduced. Bill C-56 was introduced to change the formula for redistributing seats in the House of Commons. Bill C-54 looked at the restrictions on the use of loans by political entities governed by the Canada Elections Act.

The amendments through those bills were earnest attempts by the government to focus on the whole issue of accountability and relevance, and hopefully a corollary to that, getting people involved in the democratic process and in political organizations and mobilizing them to become more involved in Canadian politics.

As part of the discussion, I will make a few comments without straying from the intent of Bill C-55. I have stated that we all should support Bill C-55 with respect to the amendments it is make to allow for two additional advance polls.

However, if we are to draw people into what we view as political life and the discussion of issues that affect us, we have to look at issues related to accessibility. We have to look at whether we are really debating the real issues that people are not only interested in, but also issues that they see as part of the legacy for them and their children.

We also have to take some reflection on whether we have and are earning the public trust. It is matters of accessibility and that we are dealing with the real issues that concern Canadians. If we are doing those in earnest, they will view that as us exercising what they deem to be the public trust.

I reflect yesterday when we had workers here from all over the country. I know many of us in the House joined with the Canadian Labour Congress. People from coast to coast to coast talked about job loss and about the dramatic and traumatic implications of that. Workers had tears in their eyes. At the gathering in room 200, I and many of my colleagues were moved as we listened to the descriptions of what was happening in small communities across the country, with respect to the loss of jobs.

I mention this because this is not something of a partisan nature. Yes, we can look at governments and say we did better than that. These issues are of a global nature, which reflect on very complex and interconnected issues related to capital and how we are competing with countries in the global economy and what is happening with respect to foreign investment in terms of how we can connect and convince Canadians that we have control over our economic future.

It is related to issues that people are caught in a sense of helplessness. If they see this House, both in terms of the substance of that issue and the style of addressing it, they will see us grappling with the issues about they are most concerned. In that way we will be earning to some extent their trust. They may think we are making mistakes in their opinion or they may think we are on the right track, and hopefully we are. They may exercise their franchise in different ways, but that is part of believing in this country and believing in our institutions of governance.

I use that as an example because it goes beyond this bill. It goes into the manner in which we have representation and the manner in which we debate and are seen to be debating. It relates to how we contribute to the positive culture of parliamentary democracy in Canada.

I have shared this on occasion with many of our colleagues, that sometimes we are less than up to the challenge in terms of meeting the expectations of Canadians.

I will talk just for a moment to Bill C-56 as it relates to broadening the franchise. As I mentioned, that bill deals with changing the formula to redistribute seats in the House. In terms of whether we are earning the public trust, both the province of Quebec and the province of Ontario have indicated great concerns with respect to what the bill says. The government should be aware that consultation is absolutely fundamental to gaining the public trust and that we are attempting to broaden the opportunities for people to get involved in the process.

The last comment I have is with respect to Bill C-54 on loans. One of our most sacred rights is the right to be a candidate. Under the Canada Elections Act, we have the fundamental processes and protection in place to ensure that loans are dealt with, that candidates cannot go beyond what they spend.

With respect to some of the content of Bill C-54, it becomes apparent that some are less equal than others when it comes to borrowing money. What we have said is we will make everybody borrow from the bank, thus making it impossible to go our friends and have them on record loaning us money and on record having to pay us back.

Everybody now has to go to the bank and I am not sure that it is a democratic principle that everybody has to go to the bank because everybody does not have the equal ability to get the same loan and get the same rate of interest, and so on. Everybody always has to negotiate.

That bill went, to some extent, philosophically in an opposite way. The legislation that the government had brought in previously was designed to deal with that.

I did not mean to stray by mentioning Bill C-56 and Bill C-54, but I did want to elaborate. If we are dealing with electoral reform to broaden the franchise, those are the things we have to increase. We have to increase accountability, we have to increase accessibility, and we have to earn the public trust.

May 31st, 2007 / 12:10 p.m.
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Marc Mayrand Chief Electoral Officer, Office of the Chief Electoral Officer

Thank you, Mr. Chair and members of the committee.

With me today are Mrs. Diane Davidson, who is the deputy chief electoral officer and senior legal counsel at Elections Canada; Mrs. Janice Vézina, who is the executive director of political financing and corporate services; and Mr. Stéphane Perrault, who is the senior general counsel at Elections Canada.

Thank you again.

As the chairman just said, it was only on Tuesday that we were invited to appear before your committee regarding this bill, which is very important for the political financing system. At that time, we were very busy preparing our appearance before the Senate regarding Bill C-31, which greatly hindered our ability to prepare a detailed and adequate analysis of the bill at hand.

Nevertheless, I think that it is important to share some comments with you today. I did not have the opportunity to prepare type-written notes. However, I would like to speak to you about certain issues that are raised by this bill. First, let me note that this bill responds to a recommendation my predecessor made and that it reflects his suggestions very well. Nonetheless, I must say that we were not consulted about drafting the bill. Therefore, we were informed about it only when it was tabled before the House.

The bill adds an important piece to the financial framework as regards the inflow of moneys to regulated entities under the Canada Elections Act. While the bill certainly responds to recommendations made by Elections Canada last January, it only touches one aspect of these recommendations, which is the loan aspect.

One observation I have in reviewing the piece of legislation is that loans should not be looked at in isolation from other rules regarding access to money, such as the one regarding stricter contribution limits, the existence or absence of spending limits for various entities governed by the act—mainly leadership contests—the rules governing transfers among various entities, and the availability of tax credits for certain entities during or outside the writ period, as well as other subsidies, such as the allowance offered to parties. The interaction of those evolving rules may have significant implications for candidates, lenders, and parties who have different financial needs and borrowing capabilities.

The proposed restrictions on loans, in conjunction with the recent contribution limit, will require entities to rely more heavily on loans from financial institutions to fund their activities. That's one likely outcome of Bill C-54.

The question arises as to whether financial institutions will be willing to play this role, and if so, to what extent, and how they will adjust their lending practices under the rules set out by Bill C-54. For example, a guarantor may not guarantee a loan for more than $1,100, except for parties and district associations. As parties are the only ones allowed to guarantee substantial loans, this may have an impact on the relationship between parties and candidates or between independent candidates and those supported by political parties. Will candidates or small parties be able to find sufficient financing to support their campaigns?

These are some of the questions that come to mind when we look more comprehensively at the financial framework for financial entities. I must admit that I have no answers at this time to those questions. It will require much more analysis.

Following our study which, I repeat, was only preliminary, I can say that this bill has some problems with implementation. Let me mention a few of them. For instance, the bill states that loans to candidates must be paid back 18 months after the date on which they were made rather than 18 months after the date of the election. In this way, a loan might have to be paid back even before the election is held. In our opinion, this is an operational problem.

Secondly, although the bill allows candidates to borrow from financial institutions, a candidate cannot use more than $1,100 worth of his personal resources or goods, for example his house, as collateral. We want to know whether a candidate can be exempted from these restrictions on loans or collateral, without violating the spirit of the bill.

A third example, which has more to do with the operations of Elections Canada, would be a situation in which a candidate tells us that the bank, following its usual accounting practice, considers a loan to be unrecoverable or written off. According to this bill, the Chief Electoral Officer must determine whether the loan has really been written off following the usual practice of the financial institution. However, nothing in the bill provides that the Chief Electoral Officer should have access to the documents of the financial institutions and that he will be able to verify their practices in such cases.

If a loan is written off, the riding association becomes responsible for the debt as if it had put up collateral. As we interpret the bill, this is more or less an automatic process triggered by writing off the debt. If this occurs, the association might not have agreed to collaterize the loan. Perhaps this is the intention of the bill, but I must draw it to your attention. Of course, these are only examples. A closer study would probably come up with more such examples.

In conclusion, Mr. Chair, I was--

May 31st, 2007 / 12:09 p.m.
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Conservative

The Chair Conservative Gary Goodyear

Colleagues, we'll bring the meeting back to order.

I want to give a special welcome and a deep thank you to our witnesses this morning.

This morning, colleagues, we have, for the second half of this meeting on Bill C-54, the Chief Electoral Officer, Marc Mayrand.

I'm going to offer Monsieur Mayrand the floor in a moment to introduce his team. However, I just want to bring to the members' attention the fact that Monsieur Mayrand and his team were very kind. It was with great difficulty that they were able to come this morning. The team testified in a Senate committee yesterday, and they have done a phenomenal job in preparation for this meeting. I want to acknowledge that in public and let them know how much the chair, and I'm sure the members from the House, appreciate their extra efforts in getting this information to us this morning.

I will offer you the floor. Perhaps you would introduce your team, Marc, and then say anything you have to say. Then we will open the usual round of questions.

Monsieur Mayrand.

May 31st, 2007 / 11:45 a.m.
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Bloc

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

Thank you, Mr. Chairman.

It seems to me that with this bill, the government is reacting to a specific event. I will not mince words here, I am going to speak to you frankly. With the exception of the leadership of the Liberal Party of Canada, is there really a problem that justifies the tabling of Bill C-54?

May 31st, 2007 / 11:35 a.m.
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Conservative

Peter Van Loan Conservative York—Simcoe, ON

I will briefly speak to the amendments concerning loans that were presented when Bill C-2 went through, since Monsieur Godin raised the subject. I don't want to say the wording was sloppy, but the difficulty was that the wording I don't think would have achieved what I think was Mr. Martin's very good and very genuine intention. There was some awkward blurring of the line and terminology between the words “contribution” and “loan” and so on. I know the objective he was trying to achieve was what we're trying to do with Bill C-54. I believe it would not have been achieved with the amendments that were put forward at the time, and that's where it got tripped up at the time.

May 31st, 2007 / 11:35 a.m.
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NDP

Yvon Godin NDP Acadie—Bathurst, NB

I could invite you to the Standing Committee on Official Languages!

I would just like to make a few comments. At the beginning of your remarks, you thanked Pat Martin for his work. It is most unfortunate that this was not done for Bill C-2. Mr. Martin's amendments to Bill C-2, which the government rejected, are now included in Bill C-54. Had they been accepted in Bill C-2, these provisions would now be law.

I have no questions at this time. I may have some on the next round. We support this bill. It will put everyone on an equal footing. Everyone who runs for office will be treated the same way. So people will not get elected simply because they have rich friends.

May 31st, 2007 / 11:05 a.m.
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Conservative

Peter Van Loan Conservative York—Simcoe, ON

And I'm Peter Van Loan.

I'm pleased to appear today to assist the committee in its scrutiny of Bill C-54, the accountability with respect to loans bill. The bill is another important part of our agenda to strengthen accountability in Canada through democratic reform.

Our agenda in this respect is extensive and ambitious. It has three main components: strengthening our electoral system to make it more responsive, fair, and effective; second, modernizing the Senate; and third, reforming the financing of political parties to eliminate the undue influence of rich and powerful individuals.

To start, we are strengthening our electoral system by, firstly, ensuring our democracy remains fair to Canadians across the country through Bill C-31, which seeks to reduce voter fraud, and Bill C-56, which ensures fairness and representation in the House of Commons by restoring the principle of representation by population.

Secondly, we are taking steps to improve voter turnout through Bill C-55, which adds two additional days of advanced polling on the two Sundays prior to election day.

Lastly, we are also providing a level of certainty and transparency to the public by establishing fix date elections. Under legislation that was recently enacted into law, the date of the next general election will be October 19, 2009.

Through another piece of legislation currently before Parliament, we hope that October 19, 2009, is the date of the first national consultations process for choosing senators.

For the first time, Bill C-43 provides Canadians with the opportunity to have a say in who represents them in the Senate. This legislation, which represents a realistic and practical way of modernizing the Senate, is one part of our plan to do so. The other part is our bill to limit the terms of senators to 8 years from the current maximum of 45.

The last major component of our agenda to strengthen accountability through democratic reform is our legislation to reform the financing of political parties, candidates, and associations to eliminate the undue influence of rich, powerful individuals in the political process.

We committed to doing this in the last campaign, when we introduced, as our first piece of legislation, the Federal Accountability Act. On April 11, 2006 we fulfilled that commitment and on December 12 of the same year, the Federal Accountability Act became law.

The act banned corporate and union contributions, imposed tighter rules on gifts and trust funds and limited annual donations to a political party to $1,100 in 2007.

The bill being studied by this committee today builds on the Federal Accountability Act and on our commitment to eliminate the influence of rich, powerful individuals from the political process.

The bill would amend the Canada Elections Act to establish stronger rules and better transparency for loans made to political parties, candidates, and associations. These amendments would enhance accountability and increase transparency around the use of loans as a political financing tool, which is vital to ensuring the confidence of Canadians in the integrity of the political process.

Along with the Federal Accountability Act, the changes proposed in Bill C-54 will ensure that the financing of political parties, candidates, and associations is fully transparent with straightforward rules that are easy to enforce.

The amendments proposed for the treatment of loans in Bill C-54 would extend to loans the same standards of transparency that are now in place for contributions. By removing chapter 3, which allows for the use of loans to circumvent the restrictions on the source or limit of contributions, the amendments will ensure that the reforms enacted in C-2 cannot be undermined through the misuse of loans.

Specifically, the amendments would make the following changes to the treatment of loans.

First, the bill would establish a uniform and transparent way of treating loans made to political parties, candidates, and associations. It would require mandatory disclosure of terms and the identity of all lenders and loan guarantors. It would achieve greater transparency and ensure that political parties, candidates, and associations are treated uniformly, which is, believe it or not, not now the case.

Second, total loans, loan guarantees, and contributions by individuals could not exceed the annual contribution limit for individuals established in the Federal Accountability Act, which is set at $1,100 for 2007. Since loans from individuals would be treated as contributions from the time they were made, 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. Unions and corporations would now be unable to make loans, consistent with their inability to make contributions. They could not disguise contributions as loans. Since financial institutions would have to charge commercial rates of interest, neither borrowers nor lenders could exchange favourable rates for favourable treatment.

Finally, the rules for the treatment of unpaid loans would be tightened to ensure that candidates cannot walk away from unpaid loans. Riding associations will be held responsible for unpaid loans taken out by their candidates. Those would succeed to the associations.

At this point I want to pay some tribute—and I don't want to say I'm disappointed that Monsieur Godin is here, but I am disappointed that Mr. Martin is not—because Pat Martin deserves some credit for having kept this issue on the radar screen and pressing us to move forward with this legislation. I wanted to give him due credit for having done that.

In January 2007, the Chief Electoral Officer presented recommendations to Parliament for changing the rules on loans. This was the first examination of the rules for loans since 2000.

The CEO recommended that Parliament impose additional controls on loans, make loans more transparent, and establish consistency in the treatment of loans for all classes of political entities. Specifically, he recommended the kinds of changes we are including in Bill C-54: the amendments in Bill C-54 implement the recommendations of the Chief Electoral Officer with respect to loans.

At second reading, several members expressed an interest in having the bill come into force earlier than six months after royal assent, which is the current wording in the bill. The government would like to see the changes in force as soon as possible. l would encourage the committee to discuss the matter with the Chief Electoral Officer, Mr. Mayrand, when he is here next hour—how quickly the changes could be put into operation—and to feel free to encourage him and challenge him to do it as quickly as possible.

In conclusion, accountability with respect to loans is an important part of our new government's agenda to strengthen accountability through democratic reform. By adopting this bill, which updates the rules for loans and expands transparency, Parliament would demonstrate to Canadians that it remains serious in its commitment to clean up all aspects of federal political financing.

It will show that we will not allow rich, powerful individuals to influence the political process. It will show that we will continue to build upon the reforms made in the historic Federal Accountability Act.

Today, I am seeking your support for these measures and will be pleased to attempt to answer your questions.

May 29th, 2007 / 12:25 p.m.
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Conservative

Joe Preston Conservative Elgin—Middlesex—London, ON

On a point of clarification, Chair, are we suggesting that Thursday's meeting and Tuesday's meeting would be on Bill C-54? Is that where we're headed, at least two meetings, or are we taking more?

May 29th, 2007 / 12:25 p.m.
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Conservative

The Chair Conservative Gary Goodyear

Okay.

Well, is there another point? I'm sorry, I want to make sure I have everybody.

All right. Having heard that--and I appreciate that, colleagues; I think that's the most productive and efficient way to move--then I would suggest that at this moment in time the meeting is finished for today because we are moving to legislation, Bill C-54. We will in fact listen to any members. You can contact me. We'll make sure that we are prepared to deal with your motions when in fact they come up.

Is there one final comment?

Canada Elections ActGovernment Orders

May 28th, 2007 / 4:05 p.m.
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Bloc

Marc Lemay Bloc Abitibi—Témiscamingue, QC

Well, in any event that is what we will remember, no matter what the member for Hull—Aylmer may think. It is about the only thing that we recall about Jean Chrétien. He cleaned up the financing of political parties. Despite what the hon. member for Hull—Aylmer says, he must also understand that was the end of secret funds.

They found a new way of operating. The Conservatives tabled a bill that, on the face of it, was rather brilliant, Bill C-2. They proceeded quickly. It was urgent because it was an election promise by the Prime Minister and it was absolutely essential that it be passed quickly. I do not know whether you remember it, Mr. Speaker. Since I am a lawyer, just for fun I took a look at it. It must have been almost as thick as the Income Tax Act, about four inches. It amended nearly 200 federal laws. The concept was enormous. The basic idea was excellent, to clean up financing.

They called it the Accountability Act. It was intended to restrict financing and ensure that no one could ever again get around a law that made it possible to donate large sums of money about which nothing was ever heard. But then something happened. We became aware of something, and I am not the one who says so. Our good Liberal friends found a way to do it. I imagine that the lawyer who found this way of doing it must have been paid a great deal more than we are. They found a good solution: loans. They call it a loan and they do not mention it again.

For those who are watching us on television, here is how it works. Suppose, for example that I am Bob Rae or the honourable member for Saint-Laurent—Cartierville, who is currently the leader of the opposition. Bob Rae received $705,000 and the honourable member for Saint-Laurent—Cartierville received $655,000. How did they proceed during the leadership campaign? By means of loans.

What took place? Someone loaned the money. My name is Joe Blow and I really like a leadership candidate or a candidate for election but I can no longer make a donation of $20,000, or $50,000 or $100,000, as was previously the case with the Liberals and some Conservatives. So, what can I do? I give him a loan. Nobody ensures that the loan will be repaid. So, if the loan is not repaid, what does the loan become? It becomes a donation, but we do not say that. That is how the Liberals have been financed, and how, for the most part, they financed the party’s latest leadership campaign. Obviously, we obtained this information from a source, namely the Ottawa Citizen. There should be no doubt about that. It is not the newspaper that I read every day but I do read it occasionally. We can read right there that considerable sums of money were loaned to them. That is where this Bill C-54 comes into play.

If my name is Bob Rae and I receive a $580,000 loan at a 5% interest rate from someone named John Rae, who, by some unfortunate chance, is a former vice-president of Power Corporation, would I not have a debt toward this individual? The hon. member for Saint-Laurent—Cartierville received a sum of money—I asked a question and we did not get the answer—from someone named Stephen Bronfman. He received $50,000 from that man for his leadership campaign. If he has not paid it back, would the hon. member for Saint-Laurent—Cartierville not have a debt toward this individual should he become prime minister one day?

This is the message that I am trying to convey to the public and this is the purpose of Bill C-54. I agree with my colleagues from the NDP, and this is something we said during the study of Bill C-2. We said that there was a loophole, because it was possible to circumvent the rules by making a loan. Let us take a look beyond this legislation.

What does the Quebec Election Act say concerning loans? They are not contributions. I will read section 88, and I will try to read it slowly, so my friends opposite and especially my good Liberal friends can understand it. It says: “... are not contributions: volunteer work and the goods or services produced by such work”. Thus, the work of volunteers who are in our offices is not a contribution.

The act also refers to “anonymous donations collected at a meeting or rally held for political purposes”. There is nothing complicated there. After delivering an extraordinary speech, I pass the hat around and I collect $150 or $200. There is no problem, because this is not a contribution under the act—I am talking about the Quebec act.

The act also refers to “a loan granted for political purposes by an elector or a bank, trust company or financial services cooperative at the current market rate of interest at the time it is granted, or a guarantee granted by an elector as surety;”

I now turn to section 105, which reads:

“Every loan shall be evidenced in a writing setting out the name and address of the lender, the date, amount...”

Section 106 is interesting. Again, I am talking about the Quebec Election Act:

“The official representative shall, at least once a year, pay the interest due on the loans he has contracted.”

Therefore, we will support Bill C-54, so that it is reviewed at second reading. This bill is interesting, because we would have liked to know, from our Liberal friends, and of course our Conservative friends, who are getting loans, how the Prime Minister's leadership campaign was funded. According to some data, we are talking here about an amount of $1.1 million. Who provided financial support to the Prime Minister? I imagine that all those who are listening to us would also like to know the answer to that question.

With all due respect to this House, I believe that before going any further we have to stop playing hide-and-seek. Everyone in this House and outside, including those who are listening today, knows that it takes money to run an election campaign. Some ceilings have been set. Now, an election campaign is said to cost $89,000 per riding, depending on its size. How are we going to fund election campaigns?

We must stop playing hide-and-seek by saying “I will get a loan from someone and forget to repay it. Since that someone really likes me, he too will forget about it”. Unfortunately, this is how election campaigns have been funded all too often in the past.

We will have to take a good look at this bill to see how it deals with this. I would like to draw members' attention to a government press release about this bill that reads in part as follows:

Only financial institutions (at commercial rates of interest) and other political entities could make loans beyond that amount. Rules for the treatment of unpaid loans would be tightened to ensure candidates cannot walk away from unpaid loans.

Loans that are not repaid after 18 months would be considered political contributions. In my opinion, this is an important point. We have to clean up politics.

Why do we politicians have such a poor image? Because too often, we conceal things from voters. We do not tell them the whole truth. We do not reveal everything about where the money for an election campaign came from. People still have this idea of the party slush fund, where someone says, “I'll give you $1,000. I expect you to do things for me, and once you're in power, I'll have an in with you and be able to get favours”. This has to stop.

I hope that this bill will help us clean up politics. The Conservatives' idea behind Bill C-54 is good. However, I hope that when the bill goes to committee, protection for whistleblowers can be added and reform of the Access to Information Act discussed.

I will start with the reform of the Access to Information Act. It is thanks to this legislation that we have all the information we have today and that journalists can obtain that information. We often hear that thanks to the Access to Information Act, information has been uncovered or obtained, or that information obtained under the Access to Information Act has revealed something. The Access to Information Act must be reformed so that it can go even further in controlling ethics.

Our good friends, the Conservatives, who boast about how they have cleaned up government, need to do their part as well. They have not done much to protect whistleblowers. When the bill goes to committee, the committee will have to find a way to strengthen that protection. People who work in departments and witness goings-on in political offices that are illicit or illegal or violate current legislation should be protected.

Whistleblowers are entitled to $1,500 for legal costs. Let us add a zero to that. One thousand five hundred dollars is not much, since there is no lawyer who will work for less than $100 an hour. This means that the person would be entitled to 15 hours. We know the whistleblowing procedures, what those who work in political offices or within a department experience, which we must respect when they decide to publicly blow the whistle or send information. They must be protected. I think this $1,500 limit for recourse must absolutely be increased. I strongly suggest that it be increased to $15,000. There would be no problem. We will see how this will be debated in committee, but I think this limit must absolutely be increased.

I hope my Conservative friends who are listening will understand that the public sector integrity commissioner must be given the power to enforce the Public Service Disclosure Protection Act. To ensure that the translation is correct, I will repeat. The public sector integrity commissioner must be given the power to enforce the Public Service Disclosure Protection Act. It is this public sector integrity commissioner who must be in charge of getting things in order and enforcing this act.

I hope my Conservative friends will understand this as well, and that the members of the committee will consider the suggestion to make it impossible for the government to exclude crown corporations and any other entity from the application of the Public Service Disclosure Protection Act. Crown corporations—VIA Rail, Air Canada or any other company under federal jurisdiction—must have access.

I will close by saying that we will be in favour of this bill, the purpose of which is to counter the misappropriation or bypassing of campaign financing rules, because it is very important. We also agree with this bill because it will fix the problem of loans, which helped bypass the political contribution restrictions.

Canada Elections ActGovernment Orders

May 28th, 2007 / 4:05 p.m.
See context

Bloc

Marc Lemay Bloc Abitibi—Témiscamingue, QC

Mr. Speaker, it is my pleasure to rise today on this bill and continue in somewhat the same vein as my colleague in the NDP.

In my occupation as a criminal lawyer, it is often said that the judges before whom we stand must not only be impartial but also appear impartial, free of any partisanship and able to listen to the arguments of both opposing lawyers. As we know, in the criminal law there is a crown prosecutor and a defence attorney. The court, presided over by the judge, must therefore be totally impartial.

Why do I digress in this way? Because Bill C-54 is very interesting. It recalls a bit of Quebec’s past, quite a few years ago. Without delving too deeply into history, we should remember the 1970s in Quebec. There were political parties and what was called the famous secret fund of one party.

We had a television series called Duplessis. Here we could see the hon. Donald Martineau getting a cut on all the contracts awarded by the Duplessis government. This helped to replenish the campaign funds. So anyone who wanted a government contract, therefore, had to donate to the campaign fund. The approach that the Union nationale developed in Quebec was to take its cut directly on the contracts that were awarded. We are talking here about 1945, 1950 or 1955. Unfortunately, though, this continued into the 1960s in Quebec. It was not until the Parti Québécois came to power in 1976 that a bill was introduced in 1977 under the hon. René Lévesque to clean up party finances and put an end to secret funds.

Unfortunately, secret funds still exist, or at least still existed until Bill C-2 was passed. Our friends in the Liberal Party took ample advantage of them, as did the Conservative Party. I will return to this in a minute.

What Mr. Jean Chrétien left us when he departed was a new law on party finances. It is probably the only thing that history will retain of Mr. Jean Chrétien’s presence here.

Canada Elections ActGovernment Orders

May 28th, 2007 / 3:45 p.m.
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NDP

Paul Dewar NDP Ottawa Centre, ON

Mr. Speaker, I am in support of Bill C-54 and I will outline my reasons and perhaps make a couple of suggestions. I will have the opportunity to formally do that in committee but to get things rolling it is important to put some of those ideas forward in debate.

The one thing we have seen in the history of federal politics in Canada is the problem of big money influencing government, which usually results in the equation of big money plus influencing government equals corruption. We saw the Pacific scandal just after this nation was assembled. The pipeline debate certainly uncovered many problems of the association between government and money. We saw that most recently in Canada with the previous government.

One of the things we need to do is take out not only the fact that this can exist through the rules and that there will be manipulation but the perception by citizens that all of us in this place are running our campaigns fairly and cleanly, and we have not seen that. Canadians have the perception right now that there is a problem between parliamentarians and MPs who run for office and money. This bill would take away people's temptation to access loans from friends who have money to give them an advantage over those of us who do not.

Most of us observed, sadly, the most recent Liberal leadership campaign as an example. We certainly saw it with the member for Eglinton—Lawrence and others who had access to money and loans in ways that most of us would not bother trying to access. What it did was taint the whole process of how we, in the case of the leadership contest, elect leaders.

That was not the first case where this happened. We saw people, because of who they knew, accessing hundreds of thousands of dollars in loans for their leadership. The problem with that, which we have discussed in the House and in committee, is that if I receive hundreds of thousands of dollars in a loan from a friend and decide that I cannot pay it back, there is no recourse. The money is simply a loan that I did not pay back or an IOU that I did not honour.

If one were to explain that, most people would see that as simply a donation. A loan that was not paid back means money in one's pocket from someone else's pocket. That is the direct connection between how funds were raised for leadership contests and that at the end of the day the person responsible for paying back the loan really did not have to.

I recall extremely clearly that during the debate on Bill C-2, the government's accountability act, we presented an amendment because we saw that big money was influencing leadership contests. We saw that it was wrong so we introduced an amendment, which is very similar to what we have in front of us, but that is not a problem. It is something we are willing to share with the government. In fact, we have seen that happen on numerous occasions with the present government and previous governments.

However, it is passing strange that at the time the government did not see the importance of passing such an amendment to the accountability act. We had previously put forward the idea of banning union and corporate donations and thought it made infinite sense to close the loan loophole. At the time the Conservative and Liberal Parties voted against that amendment. We are happy that the government, through this bill, has seen the error of its ways and has provided us with a way to close the loan loophole.

When people have access to money, and in this case loans, there is not a lot of difference between handing that money over in a straightforward manner and doing it through a loophole. We saw this in the most recent leadership contest for the Liberal Party. It is also important to note that this has happened in the past with the Conservative Party.

It is important for us to take a look at what will happen not just in the future in terms of loans, but also to look at what has recently happened. When the Prime Minister ran for the leadership of the Conservative Party, many of us called for full disclosure of his donations. I think Canadians would like to have a gander at that. It is part of the idea of transparency.

When people donate to parties and leadership candidates, taxpayers pay money for that. It is a tax write-off. Most people will know that when a donation like that is written off, be it for the leader of the Conservative Party, or for the Liberal Party, or for the NDP, or any other party, taxpayer money is put down. Most reasonable people would say that should be transparent. Canadians should be able to see who donated money. This is extremely important when a party is nominating someone for prime minister.

I think back to not only the most recent leadership contest, but the previous leadership contest for the Liberal Party. We know there was really only one candidate and that candidate raised over $10 million. It turned out not to be a contest at all. That money did not only come out of the pocket of the leader at the time. It was also donations made on the taxpayers' dime. Why? Because of this rebate.

We have to understand that this tax credit is taxpayer money. This means that taxpayers are participating in the donation scheme. We believe leadership contests, like the last Conservative Party contest, should be transparent. We should see the full list of donors and exact numbers. Hopefully, we can agree to this in committee. The reasonable thing to do is to look at the bill not just from this point forward, but also to look at what has happened in the most recent past.

Democratic reform was one of the centrepieces in our ethics package that my predecessor, Mr. Broadbent, brought forward before the last election. We are delighted to see that the government has seen fit to take on some of those ideas. I think of the scrutiny of lobbying where there is still more to do. I think of access to information. The government has really failed on that. The government brought forward fixed election dates and we support that of course. It was something that we put forward.

Mr. Broadbent brought forward the whole issue of loans in leadership contests and loans in general. We know the member for Mississauga—Streetsville had some problems in the recent election in terms of how he declared the finances for his campaign. This bill would provide Canadians with the opportunity to have a clear and transparent view of how their dollars are being used to support candidates in the election process. That is fair, transparent and just.

Mr. Broadbent made the ethics package debatable. A number of people saw the idea as something that should have happened a long time ago. When I went door to door and talked to people about our ethics package, they were hopeful the whole thing would be adopted.

The fact that we are adopting the idea of covering the loans loophole and shutting it down will be welcomed. Canadians will want to see us go back in time, not only deal with the present and a go forward basis. They will want to see us look back to how money was spent in the most recent Liberal leadership contest, with the most recent election and with the most recent leadership contest with the Conservative Party.

This is simply to ensure, as I mentioned at the beginning of my comments, that not only are the rules fair, but that the perception by citizens of their elected members is clear and pristine, that there is no shadow of a doubt as to where people received money from and that there is 100% integrity in the system. We need to do that. Democratic reform is not only about making every vote count. We believe it is something we can achieve by bringing in proportionality to the system. We also believe there should be a full view of the donations that presently elected members received or someone who participated in a leadership contest received.

The history of election financing was mentioned by one of the Bloc members, who said that this was dealt with in the 1970s in Quebec. Premier Doer of Manitoba followed suit when that province closed all loopholes and ensured that there were no donations from both unions and corporations. That was one of the first things his government did. Manitoba, as well as other jurisdictions, also dealt with the loan issue. This is not cutting edge. We are catching up, and now is the time to do so.

Some things the government can do to further the cause of accountability, when looking at financing, is to ensure that not only will the loan loophole be closed, but ensure that the Chief Electoral Officer has some oversight as well. I think this would be welcomed, particularly in the area of leadership contests.

We only have to think of the recent leadership contests of both the Conservative Party and the Liberal Party. There was no transparent view or window into the financing of those leadership contests. We know millions of dollars were raised. I have already mentioned that these dollars were raised not only by individuals, but with the support of taxpayers because of the way funds are credited when people donate.

What the government really needs to do is to ensure that not only is the loan loophole closed, but that the Chief Electoral Officer has oversight to leadership contests as well. This would be another addition that would be welcomed. I know the NDP made very clear who donated to whom. It was transparent and there were no question marks. It can be done and should be done.

For the whole notion of reaffirming confidence in federal politics, this should have been done before. The NDP tried to get an amendment through in Bill C-2.

If the government wants to become accountable with respect to loans in a genuine way, we have to ensure that it allows people the ability to run for office. I know in our party one of the things we have taken on fervently is to ensure that for people who do not have the money to run for a nomination and to run for office, we must be able to support them, people who traditionally have been on the outside of politics and unable to participate.

One thing the NDP has done, particular for women candidates, is provided them with financial support. This is not done outside the party structure. It ensures that women have financial means and it provides support when needed.

We do this because it is not enough to say that we want more women nominated and elected. We have to address where there are gaps. We know historically there has been a gap for women running in politics because of their lack of access to money. This is underlined when there are predominantly male candidates, and we saw this in the leadership contest, who have access to these loans. They have friends who can loan them hundreds of thousands of dollars.

For many women, traditionally, that has not been the case. They have been unable to access money to the degree that men have in terms of the kind of loan loophole we have seen.

We need to do more to address that. We need to see more support for people who have had challenges in terms of being nominated and elected. I think of women and people from ethnocultural communities. I think of our Inuit first nations aboriginal peoples as well. This is one facet, one idea, where the time has come to close a loophole. However, we should also address the barriers that exist for those who have challenges of being nominated. That would be the next step.

In terms of what can be done to further the cause of transparency and accountability in election financing, we need to address not only what loopholes exist, how money is raised and who can donate, but we also have to ensure that all Canadians from coast to coast to coast are aware of this. When someone donates money, part of the public purse donates. We do this because we want to make the process more fair.

The first steps were taken in the seventies in Quebec, followed by the Doer government in Manitoba. This is what we are attempting to do here. I give Mr. Chrétien the credit for starting this federally, and we supported that. However, Canadians need to know that when people donate, there is a tax credit. We need to have all the evidence and information out there, so people know what they are supporting.

For many people, the problem in confidence and perception of politics is they are not fully aware of how the system works, and I do not fault Canadians. We were not as transparent as we should have been. The loan loophole is an excellent example. It is a quiet secret, this parlour conversation that went on for years about not worrying about getting money because something could be done. I think those days are over. We have to be clean, clear and concise with Canadians about how elections are funded. When people make a donation, there is a tax credit.

I know in my campaign that was something we told people so they would donate, but other Canadians who do not donate need to know that is how the system functions. We need to do a public relations exercise to say that we have closed these loopholes and that we have come in with these changes because we want to ensure there is more confidence in the system.

We need to bring the bill forward to committee, make some of the changes the NDP are suggesting, provide Canadians with the information and ensure that absolute transparency is there. We need to look to the recent leadership contests and ensure that all leadership contestants are clear about who lent them money and that this needs to be repaid. Ordinary Canadians need to know, without a doubt, how much money was donated to which candidate and exactly from where that money came. If there were loans, not only will we close those loopholes, but we will ensure it is known who received money from whom and when in the most recent contest.

The NDP supports the bill. In fact, it was our amendment at committee. We are glad to see the government has seen the light and will shine it on the electoral system. I look for the support of the other parties to get behind it as well.

Canada Elections ActGovernment Orders

May 28th, 2007 / 3:20 p.m.
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Bloc

Réal Ménard Bloc Hochelaga, QC

Mr. Speaker, I am pleased to speak to Bill C-54, which deals with electoral democracy, one of three such bills introduced by the government.

Electoral democracy is an extremely important issue. However, I must remind members, with sadness, that this is a corrective measure. In fact, had the government listened to the opposition parties, it would not have adopted Bill C-2 with the kind of haste that shows a certain lack of professionalism. During consideration of Bill C-2, representations were made regarding various shortcomings in that bill. One of them dealt with this possible loophole whereby people were using loans to circumvent the $1,100 ceiling on political contributions by individuals and the ban on contributions to political parties or leadership candidates by corporate entities. Candidates to elected office would take out personal loans from friends, from their entourage, which was a form of indirect financing.

Bill C-54 would close that loophole by proposing four objectives that I will share with the House. 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.

Bill C-54 would prevent unions and corporate bodies, with a few exceptions, not only from making political donations according to the Accountability Act, but also from loaning money to individuals.

Third, guaranteed loans for contributions coming from an individual could not exceed $1,000, which is the limit set in the Accountability Act. There is harmonization between what can be donated to a registered political party and the amount individuals can lend to candidates and registered parties.

Fourth, only financial institutions, at commercial interest rates, and other political entities may lend more than $1,000. Rules concerning outstanding loans would be reinforced to avoid candidates escaping their obligations. Loans still outstanding after 18 months would be considered political donations. Riding associations or, where there are none, political parties themselves, would have to reimburse loans not repaid by their candidates.

The bill would correct a loophole, an omission, found in the Accountability Act. The bill on accountability gave us the opportunity to reflect on the whole question of democracy. There can be no real level playing field if there is no control over donations from political parties.

My father was a labourer and I do not have any personal wealth. I must be able to run for office and be elected without any political wealth. No one would like to live with the American model where senators, to be elected to the Congress, must invest several millions of dollars. When, for campaigning, one must have personal wealth or invest several millions of dollars, what does this mean for democracy? It means that one becomes a spokesperson for registered lobbies. Thus, lobbies fund politicians.

The House of Commons, as well as the National Assembly, must be a place where arbitration occurs. Parliamentarians, no matter their political affiliation, must never become prisoners of lobby groups. Oil companies, banks or any other lobby group cannot fund parliamentarians, because, when we have to assess a bill, we must be able to do so without any strings attached. When the price to pay in a democracy requires investing millions of dollars to ensure that we get re-elected, we are not without any strings attached. This is a nice legacy that was given to us by the former prime minister, Jean Chrétien, who followed the model established by Mr. René Lévesque. We will remember René Lévesque—what a great Quebec premier—who was strong, who inspired Jean Chrétien, at least on this issue, of course. Jean Chrétien got his inspiration from René Lévesque, who, very early in his political career, had decided to put an end to slush funds and to regulate and provide a framework for funding from corporations, lobby groups and individuals, to really stick to the notion that, in a democracy, the primary value that must guide us is equal opportunity. That is the first legislation that the Parti Québécois passed in 1976.

Of course, there are great moments in democracy, but there are also painful moments. As I was travelling from Montreal to Ottawa by train yesterday—and I am sure that my colleague from Abitibi—Témiscamingue will agree with me—I was re-reading the proceedings from a symposium which took place at the Université du Québec à Montréal in 1992 about the democratic referendum process. We know very well that the liberal government led by Jean Chrétien literally stole the referendum from Quebeckers. The rules which should govern any democratic referendum were flouted.

As members will recall, Robert Burns, who was the Minister responsible for the Reform of Democratic Institutions in the René Lévesque government, had the Referendum Act passed. Drawing from the experience in other countries, he had first drafted a green paper and submitted it to a public consultation. There have been few referendums in Quebec and in Canada. There was a referendum on Prohibition, which was won by the yes side, and Prohibition was ended. There were also two other referendums in 1980 and in 1995. Since Pauline Marois will likely become the new leader of the Parti Québécois, a new thinking exercise is about to start among the sovereigntists, and we are quite optimistic. We believe that, in the short term, there could be a referendum on the political future of Quebec. Inviting our fellow citizens to a rendezvous with history is a great moment in democracy.

We all know that the sovereigntist movement in Quebec is deeply rooted in democracy, given that three different leaders founded political parties for Quebeckers to democratically express themselves about this great project of making Quebec a sovereign state. Who are those leaders?

There is, of course, Pierre Bourgault, who was a powerful orator, profound, a very good platform presence. There were people who even compared him to Henri Bourassa. Mr. Speaker, you will surely recall Henri Bourassa not because you knew him, but because you have certainly read his speeches. He was definitely an extremely powerful orator.

There were three sovereignist leaders who founded political parties to enable the citizens of Quebec to consider the sovereignist option. There was Pierre Bourgault, René Lévesque, of whom I spoke earlier, and the third, whom I knew somewhat more intimately because he was the leader of my political party, is none other than Lucien Bouchard.

You will recall that Lucien Bouchard was the leader of the official opposition in 1993. What a wonderful time it was in October 1993, when the voters of Quebec gave the Bloc Québécois the responsibility of serving as the official opposition. I remember that there were 54 members of our party seated at the other end of the House. We had succeeded in electing Osvaldo Nunez in the riding of Bourassa. We had won the riding of Anjou and the riding of Ahuntsic. It was the start of a great movement of national affirmation that has never been interrupted, but which has varied in intensity.

All of that leads me to say that we support Bill C-54, An Act to amend the Canada Elections Act regarding limits on loans to candidates. However, I want to remind members that there have been some great moments in Canadian democracy: the legacy of Jean Chrétien limiting the contribution of individuals to $1,100 is certainly a great moment, but there have also been moments that have greatly tarnished democracy. Unfortunately, I feel I must recall that the federal Liberals did not observe the Referendum Act.

I, myself, am writing a text that I hope to see published in coming days, and which concerns some ideas for renewing the sovereigntist movement. I hope that the member for Abitibi—Témiscamingue will do me the honour of reading it for I know he has a keen intellect and that he literally reads everything that comes into his hands. I have asked the Library of Parliament how much the federal government spent during the 1995 referendum. If I were to make a little survey among the many members of this House who are listening to me—and I thank them for doing so— to know how much the federal government spent illegally, because that was not accounted for either on the “Yes” side or the “No” side, what would be the answer?

Mr. Speaker, do you think they spent $5 million? That was the ceiling allowed under the Referendum Act. Do you think they spent $10 million or even $15 million? Well, they spent $31 million: $16 million during the referendum campaign and $12 million on promoting Canadian unity. Obviously they have the right to be federalists. Remember what Lucien Bouchard said at the Dorval airport the day after the referendum was lost to the yes side in 1995. He said that no is no, but when the day comes that it is yes, it will be yes.

The sad part about the example I am giving you of this anti-democratic bungle, this shameful behaviour by the federal Liberals by which they did not respect Quebec's referendum legislation, is that they invested heavily in propaganda and these expenses were not accounted for. They achieved this in a number of ways. How can we forget Chuck Guité. I even wonder if the name “Chuck Guité” is parliamentary since there is so much disgrace associated with his name. If ever this name becomes synonymous with disgust and becomes unparliamentary, do let me know, Mr. Speaker.

Chuck Guité was the one who broke every accounting rule imaginable and who rented every available billboard in Quebec. At the time the Clerk of the Privy Council told Prime Minister Jean Chrétien that he could not allow the national unity reserve to go unchecked.

All that to say that among the unfortunate experiences of anti-democratic bungles, there was the non respect of the 1995 referendum when three major misdeeds and abuses of democracy occurred.

First, Chuck Guité rented billboards. Then, the investigations indicate that the electoral body was unduly and artificially inflated by allowing people to vote who, if normal administrative channels had been followed, would not have had the right to vote. People were naturalized, of course. The problem is not that they were naturalized—we want to allow everyone to exercise their right to vote—but that normal administrative channels were not followed.

The Referendum Act has great democratic value.

We had the yes side and the no side. The government informed the National Assembly of the question to be debated for 35 hours. The president of the National Assembly apportioned the speaking time among the parties, the time allocated to the government and to the opposition being proportionate to the number of seats held by each.

At the time, Rodrigue Biron from the Union nationale sat at the National Assembly, as did socreds, although they were no longer called that, and their leader was Fabien Roy. The debate went on for 35 hours.

While the government has the prerogative to announce the question to be voted on at the time of a referendum, it is not allowed to spend more than those opposing its option. There lies the strength of Quebec's referendum democracy.

The yes side and the no side had equal opportunities. Both sides could speak at the National Assembly, and the public funding available to them was distributed fairly.

I am having a hard time getting over this stolen referendum in 1995. It eventually led to the sponsorship scandal. As we know, the Liberals in Quebec were all but decimated. I think there are more Bengal tigers at the Biodome, in my neighbourhood, than there are Liberals in Quebec. This goes to show the magnitude of public chastisement. It does not take anything away from the merit of the individuals involved, but it means that, next time the National Assembly decides to hold a referendum, the rules of the game will have to be adhered to.

In this Parliament, we have three bills in support of referendum democracy: one—Bill C-54—concerns loans to individuals; another concerns the selection of senators at the other place; and yet another, which we in the Bloc Québécois also support, concerns fixed election dates, something that already exists in a number of provinces. That shields us from all the scenarios of partisan vagaries, where the Prime Minister tends to call an election when his party is ahead in the polls.

I will conclude on that and I will gladly answer any questions.

The House resumed from May 11 consideration of the motion that Bill C-54, An Act to amend the Canada Elections Act (accountability with respect to loans), be read the second time and referred to a committee.

Business of the HouseOral Questions

May 17th, 2007 / 3:10 p.m.
See context

Conservative

Peter Van Loan Conservative York—Simcoe, ON

I would not do that.

Tomorrow is an allotted day.

Next week is constituent consultation week, when the House will be adjourned to allow members to return to their ridings and meet with constituents to share with them the activities of Parliament since the last constituency break.

For the interest of members, I will quickly review our plan for the context of our overall legislative agenda.

As he requested, this is currently strengthening the economy week, where a number of financial bills moved forward. The budget bill was sent to committee and, hopefully, it will be reported back tomorrow, or soon, so we can deal with it at third reading when the House returns after the break.

Bill C-40, an act to amend the Excise Tax Act, was read a third time and sent to the Senate. Bill C-53, an act to implement the convention on the settlement of investment disputes, Bill C-33, the sales tax bill and Bill C-47, the Olympics symbol bill were all sent to committee and we all would like to see those back in the House for report stage and third reading.

In an earlier week, Bill C-36, the bill that makes changes to the Canada pension plan and the Old Age Security Act, was made into law after receiving royal assent.

Strengthening accountability through democratic reform week was a success with the consideration of Bill C-43, Senate consultation. We had three new democratic reform bills introduced that week: Bill C-55, to expand voting opportunities; Bill C-56, an act to amend the Constitution Act, democratic representation; and Bill C-54, a bill that would bring accountability with respect to loans. We hope to continue debate on that particular bill later today.

Bill C-16, fixed dates for elections, was given royal assent and is now law, which I think is the cause of the commotion now in all the committees where Liberals are using procedural tactics. Now they feel they can do it with a free hand.

Two other democratic reform bills are in the Senate, Bill C-31, voter integrity, and Bill S-4, Senate tenure. I really would like to have the term limits bill from the Senate for an upcoming democratic reform week if the opposition House leader can persuade his colleagues in the Senate to finally deal with that bill after 352 days. We may get 352 seconds in a filibuster, but they have had 352 days so far. They have been stalling for a year.

During the consultation week, I will be interested in hearing what our constituents think of the plight of Bill S-4 and the irony of those unaccountable senators delaying it.

We dedicated a good deal of our time focusing on making our streets and communities safer by cracking down on crime. Now that we have had the help of the NDP, we restored the meaningful aspects that the Liberals gutted in committee to Bill C-10, the bill to introduce mandatory penalties for violent and gun crimes. We are continuing to debate that bill today at third reading.

Bill C-48, the bill dealing with the United Nations convention on corruption, was adopted at all stages.

Bill C-26, the bill to amend the Criminal Code with respect to interest rates, was given royal assent.

Bill C-22, the age of protection, was given final reading and sent to the Senate, although it did spend close to, if not in excess of, 200 days in committee where the Liberals were obstructing and delaying its passage.

We made progress on Bill C-27, the dangerous offenders legislation. We would like to see that back in the House.

Bill C-9, An Act to amend the Criminal Code (conditional sentence of imprisonment) and a host of other justice bills are working their way through the system.

Members can advise their constituents that when we return, we will be reviving two themes, back by popular demand. Beginning May 28, we will begin again with strengthening accountability through democratic reform with: Bill C-54, political loans; Bill C-55, additional opportunities for voting; and Bill C-56, democratic representation.

Up next is a second go-round on strengthening the economy week with Bill C-52, the budget implementation bill, which will be called as soon as it is reported back from committee.

In the near future, we will have the improvement of aboriginal people quality of life week with Bill C-44. This bill will grant first nations residing on Indian reserves access to the Canadian charter of human rights. They have been denied this right for 30 years. Unfortunately, Bill C-44 is being delayed by the opposition. This is another bill being delayed by the opposition in committee.

After Bill C-44, I intend to debate Bill C-51. The agreement establishes the use and ownership of land and resources and will foster economic development. This bill illustrates Canada's commitment to the North and to settling land claims.

I wish all members a productive constituent consultation week and look forward to more progress on the government's legislative agenda when the House returns on May 28.

Canada Elections ActGovernment Orders

May 11th, 2007 / 10:50 a.m.
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Bloc

Pauline Picard Bloc Drummond, QC

Mr. Speaker, in response to the question by the hon. member from the Liberal Party, I would say I agree that this should be made retroactive. I have denounced the fact that the governments, whether Liberal or Conservative, try to be squeaky clean during the election campaign, but once in power the same thing always happens.

The Bloc Québécois is in favour of Bill C-54 because it will put an end to certain practices, which will allow greater transparency. What I have denounced are the flaws in the accountability act, Bill C-2. There are major shortcomings that need to be corrected.

Canada Elections ActGovernment Orders

May 11th, 2007 / 10:45 a.m.
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Bloc

Pauline Picard Bloc Drummond, QC

Mr. Speaker, I talked about Bill C-54. I said that the Bloc was in favour of this bill, which is designed to correct the problem of loans.

As for the Conservative member's question—it is always the same question, written in advance—I cannot answer. But I can give a few examples of partisan appointments. In accusing the Liberals of not being transparent, the Conservatives seem to be taking a “My dad is stronger than your dad” stance.

In my opinion, the Conservatives have not proven that they are as pure as the driven snow, as they claim to be. On April 12, 2006, it was announced that a friend of the government, former Conservative member Jim Gouk, had been named to the board of NAV CANADA. The government controls three seats on that board. On April 21, 2006, Gwyn Morgan, a Conservative backer, was appointed chair of the new Public Appointments Commission. The appointment was blocked by a parliamentary committee dominated by the opposition. On June 27, 2006, Kevin Gaudet, a Conservative organizer who had worked on the Prime Minister's leadership bid in 2004, was appointed to a part-time job at the Canada Pension Plan Review Tribunal that would have paid him $250 per sitting day. The Conservative government eventually backed down on this. On June 27, 2006, Brian Richard Bell, a Conservative organizer from New Brunswick, was appointed to the Court of Queen's Bench of New Brunswick. On September 18, 2006, Jacques Léger, interim president of the Progressive Conservative Party, was given a judgeship in the Superior Court of Quebec for the district of Montreal. On October 31, 2006, Raminder Gill, a former Conservative candidate who was defeated in Mississauga, was appointed as a citizenship judge. He was a former Progressive Conservative Party member in Ontario. His appointment made room for the floor crosser, the member for Mississauga—Streetsville. On November 1, 2006, Howard Bruce, the Conservative candidate in Portneuf in 2004 and—

Canada Elections ActGovernment Orders

May 11th, 2007 / 10:45 a.m.
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Conservative

Ed Fast Conservative Abbotsford, BC

Mr. Speaker, while I thank the hon. member for her comments, she unfortunately spent 90% of her time talking about unrelated issues and only 10% on Bill C-54.

However, in the time she did spend on Bill C-54, election financing reform, I was glad that she referred to the Liberal leadership convention and the fact that horrific amounts of money were borrowed from private individuals. In fact, among the 11 candidates for the Liberal leadership, a whopping total of $3 million was borrowed from private individuals. None of us know what the interest rates were, what the repayment plan was, or whether there was any repayment plan.

Canadians then have a right to ask this question: what are these wealthy lenders getting in return? Is it love and affection? I think not. Canadians are not that naive. What else are they getting in return? In Bob Rae's case, he was a Liberal leadership contender and borrowed $500,000 from his brother. What does he get in return? Influence? We do not know.

I would ask the member to comment on whether she knows if all of these loans given to the Liberal leadership contenders are going to be repaid? Does she know?

Canada Elections ActGovernment Orders

May 11th, 2007 / 10:25 a.m.
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Bloc

Pauline Picard Bloc Drummond, QC

It is my pleasure to speak on behalf of the Bloc Québécois about Bill C-54, An Act to amend the Canada Elections Act (accountability with respect to loans). Basically, this bill seeks to prevent individuals from bypassing campaign financing rules. Naturally, the Bloc Québécois will support it.

The bill would also correct another problem with the government accountability act, also known as Bill C-2. Why another problem? Because unfortunately, during the study of Bill C-2, it became clear that the Conservative government was more interested in passing the bill quickly than in really fixing ethical problems, even though it presented the bill as its key piece of legislation to clean up campaign financing and governance. Sadly, the hasty treatment made for a very incomplete key piece of legislation.

At the time, the opposition parties, the media and Democracy Watch pointed the problem out, but the government refused to act. As a result, there were huge gaps in terms of ethics, and now we have to fill those gaps. For example, it provides little protection for whistleblowers and does nothing to improve the Access to Information Act. I will come back to that later on.

Bill C-54 will fix the problem of loans that allowed individuals to bypass political contribution restrictions. When the Conservatives introduced the bill, they pointed out that during the most recent Liberal leadership race, several candidates had taken out big loans to bypass financing restrictions. It may be that several Liberal candidates did this, but let us not forget that the Prime Minister himself has not disclosed all of the contributions he received during the 2002 leadership race.

By way of explanation, I would like to remind the members that Bill C-2, which addresses government accountability, introduced new restrictions on campaign contributions, limiting any individual's annual contribution to a registered party or candidate to $1,100. Furthermore, Bill C-2 reduced the amount a union or business could contribute annually to a registered party or candidate to $0. Basically, contributions from unions and businesses are no longer allowed.

Unfortunately, it was still possible to circumvent these restrictions by taking out personal loans. As I have already mentioned, we saw this when several candidates in the recent Liberal Party of Canada leadership race took out sizeable loans from individuals and financial institutions. La Presse even reported the amounts of the loans, which totalled hundreds of thousands of dollars, obtained by the current leader of the Liberal Party of Canada, the current deputy leader of the party, and by Bob Rae and Gerard Kennedy. I would like to remind the House of those amounts. Bob Rae, who was defeated by the current leader of the official opposition, owes $580,000 to John Rae, the vice-president of Power Corporation. The current leader of the opposition borrowed $430,000. The current deputy leader of the Liberal Party borrowed $170,000, and Gerard Kennedy borrowed $201,000.

The subterfuge of using loans gave candidates access to enormous sums of money. This bill would correct such issues. As I was saying earlier, however, the accountability act fails to address a number of ethical problems. For example, the whistleblower protection issue has not been resolved. Several Conservative election promises concerning whistleblower protection did not make their way into the Accountability Act. As we all know, during the January 2006 election, the Conservatives made a number of election promises regarding this issue.

First of all, they wanted to ensure that whistleblowers would have access to adequate legal counsel. However, former Bill C-2, the Federal Accountability Act, imposes a $1,500 limit on legal costs, which is incredibly low. Thus, under the Conservative government, whistleblowers must be able to pay for their own legal counsel if they want to disclose wrongdoing.

Second, they wanted to give the public sector integrity commissioner the power to enforce the whistleblower legislation. This was not in the bill.

They wanted to guarantee protection to anyone who reports wrongdoing within the government, not just to public servants. This is not in the Federal Accountability Act.

They wanted to take away the government's ability to exempt crown corporations and other entities from the application of the whistleblower legislation. This is not in the accountability act either.

Another problem that the Federal Accountability Act has not solved is the reform of the Access to Information Act.

On April 5, 2005, the Liberal government released a discussion paper on reforming access to information. This document met with general criticism, even from the Conservatives. In addition to doubling the minimum administrative fees charged to the public, the proposal by the former Liberal Prime Minister, the member for LaSalle—Émard, maintained all the exceptions provided for in the legislation.

In fact, in 13 years, the Liberal Party never managed to introduce a valid reform of the Access to Information Act. For its part, the Conservative Party promised during the election campaign to reform the Access to Information Act. To quote the Conservatives' election platform, “A Conservative government will implement the Information Commissioner's recommendations for reform of the Access to Information Act”.

We are still waiting for this reform. When will the government decide to carry out this reform, as promised?

The truth is that now that they are in power, the Conservatives, like the Liberals before them, are in less of a hurry to reform this legislation. Moreover, the Information Commissioner recently noted that this is a general trend. He said, “The reason that action, not more study, is required is that governments continue to distrust and resist the Access to Information Act and the oversight of the Information Commissioner”.

Despite the shortcomings of former Bill C-2 on accountability, Bill C-54, which is before us today, proposes four types of changes.

First, the bill establishes a system of uniform, transparent reports on all loans to political entities and provides for mandatory disclosure of the terms of those loans and the identity of the lenders and guarantors.

Second, the bill would prohibit unions and corporations not only from making contributions, in accordance with the Federal Accountability Act, but also from lending money.

Moreover, loans, loan guarantees and contributions from individuals could not exceed the limit set out in the Federal Accountability Act, which is $1,100 for 2007.

Lastly, only financial institutions, at market interest rates, or other political entities would be able to lend money exceeding that amount. The rules for unpaid loans would be tightened so that candidates could not default on their obligations. Riding associations would be held responsible for their candidate's unpaid loan.

Despite this bill, which we are in favour of, in a few short months the Conservative party has built up a track record that shows a lack of political will to obey the rules and put an end to the culture of entitlement.

Denouncing the sponsorship scandal that took place when the Liberal Party was in power, Mr. Justice Gomery said that it was time to do away with the mentality behind the culture of entitlement and the attitude people in government have that they can do anything they want and are accountable to no one. This is not how things should be. This is certainly not what Quebeckers and Canadians want. To avoid this attitude, there must be open and transparent management of public funds and taxpayers' money. The Conservatives have unfortunately not set a good example.

In December 2006, the Conservative Party admitted that it had failed to disclose the receipt of hundreds of thousands of dollars to the Chief Electoral Officer. The money was registration fees collected from Conservative delegates attending the Conservative Party's May 2005 convention. The report said that in being forced to treat convention registration fees as donations, the Conservative Party discovered that three delegates, including the Prime Minister, had exceeded their annual contribution limits of $5,400. The Conservative Party was forced to reimburse $456 to the Prime Minister and to two other delegates.

Here is another example: a closer look makes it clear that this government is being influenced. The Prime Minister, when in opposition, reprimanded the Liberals for the comings and goings between political offices and lobbying firms. Yet, since taking power he has appointed a former lobbyist as the head of National Defence. This party denounced the lobbyist culture associated with the running of the Liberal Party. At that time we agreed with our Conservative colleagues. You could say that power changes political parties and makes anything possible.

We can see what the appointment of a lobbyist has done to National Defence. We can see that the Prime Minister now has a serious credibility problem with regard to his lobbyist minister. It is true that this appointment has paid off for companies that sell military equipment. We believe that the Minister of National Defence should have considered the taxpayers, who clearly want more humanitarian action than war.

The Prime Minister did not stop there with his partisan appointments. He also appointed Sandra Buckler as his director of communications. We should remember that the Conservative government decided to maintain the contract with Royal Lepage relocation services, in spite of a devastating report by the Auditor General. In 2005, this company hired Ms. Buckler to meet with the members of the Standing Committee on Public Accounts, which had serious doubts about the spending of public money by Royal LePage and which was examining the possibility of referring this matter to the Auditor General. It is likely that Ms. Buckler was not paid by Royal LePage to convince the members to refer the matter to the Auditor General. In this case, whose interests came first, Ms. Buckler's or the taxpayers'? To compensate her, the Prime Minister appointed her director of communications of his cabinet.

In April 2006, the Prime Minister tried to appoint Gwyn Morgan, a Conservative Party fundraiser, to the position of chairman of the new public appointments commission. This appointment was blocked by a parliamentary committee dominated by opposition members.

I have another example of how this government is maintaining the culture of entitlement. It awards contracts to Conservative friends. This government awarded a communications contract to Marie-Josée Lapointe, a former member of the Prime Minister's transition team. This contract goes against the spirit of the accountability act, former Bill C-2, since political staff are not allowed to receive contracts from the government in place for 12 months after they have left. The contract was cancelled half way through.

This government also uses public funds for partisan purposes.

In March 2006, the Conservative government awarded an $85,000 contract to gauge public support for the Conservative Party's five electoral priorities. In July 2006, the Conservative Party awarded a contract to Strategic Counsel in order to poll public opinion on various political issues. The very partisan report identified the environment as a very important issue for the government's re-election. It should be noted that Strategic Counsel is run by Allan Gregg, who was the Conservative Party's official pollster under Brian Mulroney and Kim Campbell.

What is more, the Prime Minister has made dozens of partisan appointments within the machinery of government. When the Conservatives were in opposition they denounced such practices. Now that they are in power, why are they doing the exact same thing? Do they believe it is their turn to do whatever they want? The Conservative Party should be accountable to the public for its actions.

In closing, I want to reiterate that the Bloc Québécois is in favour of Bill C-54, but it finds it regrettable that the other problems I have just mentioned have not been resolved by the Conservative government.

Taxpayers deserve to have a government that is above reproach. Neither the Liberals nor the Conservatives have lived up to these expectations. That is why most people in Quebec vote for the Bloc Québécois. Our party is the only one that is not negatively influenced by power. Our only goal is to defend the interests of Quebeckers and they realize that. They can be assured of our full commitment to that goal.

When all the parties represented in this House understand the importance of integrity and transparency, our democracy will only get better. Quebec and Canadian taxpayers deserve that; let us govern accordingly.

Canada Elections ActGovernment Orders

May 11th, 2007 / 10:20 a.m.
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Liberal

Tina Keeper Liberal Churchill, MB

Mr. Speaker, I apologize. As a new member I am sometimes shaky on the rules of the House.

I would like to add that it was the Liberal Party that brought in Bill C-24, the most sweeping changes on electoral reform. In fact, when we talk about this particular bill, Bill C-54, the core of the issue for many Canadians is access and participation in the democratic process.

Many members seem to use Bill C-54 to focus on the Liberal leadership race. I think there is a desperate attempt to make an issue of something that was not an issue. It is about access to the democratic process and we as parliamentarians have a duty to ensure that all Canadians can access this process.

I represent a large riding with a population that is not as large as many small urban ridings but 65% of my riding are aboriginal people. However, because of systemic policies and some of the laws in this country, the aboriginal people have been marginalized. For instance, in one centre in my riding where mining is booming and the price of minerals is going through the roof, the first nations have not had access to resource benefit sharing. There is inequity and it is through the history and the policies of this country that have created inequity. As parliamentarians it is our job to ensure that we have a process in place where we have equal access.

I represent many people in my riding who do not have the ability to access this type of loan from a bank because they do not have the capital. However, that is not due to not wanting it or not working hard enough. People did work hard but we come from a whole different cultural background where our industry was the land. We did not have financial institutions in the same tradition as western Canadians, or western civilization as we might want to call it. We had our own civilization. Our industry and our economy was based on the land. We did not have these types of institutions so we do not have a history of participating in these types of institutions. We did not have a framework where we built up capital and equity.

Therefore, this whole framework, which is at the core of this bill, is actually alien to people, but not out of choice. Many new Canadians who have come here are working hard and paying their bills but they are living cheque to cheque. We all know people who reflect that reality for many Canadians and in fact we know that probably the majority of Canadians live in a lifestyle where they may not have access--

Canada Elections ActGovernment Orders

May 11th, 2007 / 10:15 a.m.
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Liberal

Tina Keeper Liberal Churchill, MB

Mr. Speaker, I am pleased to speak to Bill C-54, which focuses on creating further restrictions on the use of loans for political entities.

I understand the bill, if passed, will amend the pre-existing rules of the Canada Elections Act. This is legislation that touches on the national discussion of democratic reform, a discussion that has always been of great interest for all members of this House and, indeed, for many constituents across my riding of Churchill.

As some members in the House may know, the Churchill riding is a very northern riding in Manitoba and it covers more than half of the province of Manitoba. It reflects rural Canada and aboriginal Canadians, including first nations and the Métis nation.

Canadians expect their members of Parliament to be continuously working to find ways to enhance our nation's democracy. As parliamentarians, we must work together to foster a nation that values both civic responsibility and empowerment. These virtues are the centre of any debate on democratic reform.

Bill C-54 purports to establish a uniform and transparent reporting regime for all loans to political entities, including mandatory disclosure of terms and the identity of all lenders and loan guarantors.

Strangely enough, the government's proposed provisions already exist in the current law.

The legislation is also designed to tighten rules of treatment of unpaid loans to ensure candidates cannot walk away from unpaid loans. This does not represent a substantive change to the law as, once again, there are already provisions in place to ensure that loans cannot be written off without consequence. Political riding associations would ultimately be held responsible for unpaid loans taken out by their candidates.

This would allow only financial institutions and other political entities to make loans beyond the annual contribution limit for individuals, and only at commercial rates of interest, although the current law already requires all loans to be made at commercial rates of interest. Under the proposed legislation, unions and corporations would now be unable to make loans and financial institutions could not lend money at rates of interest other than the market norm.

While it seems that the government intended to increase transparency with this bill, the shortcomings of the bill, as it is currently laid out, are such that it would do nothing to increase accountability. Instead, Bill C-54 would build new roadblocks that would restrict the access Canadians have to the democratic process.

If passed as is, the legislation would give financial institutions the full say on who gets to run for political office in Canada rather than Canadians.

In line with the Conservatives' trends of discriminatory policies, the bill would negatively impact many Canadians, especially people in my riding, including first nations, minority candidates and, I believe, women for nomination. Canada is at the point in our history where the government should be continuing the Liberal legacies of encouraging greater participation in the democratic process. The government must celebrate our diversity through political empowerment rather than design laws that would hinder one's ability to run for public office.

The proposed changes would make it very difficult for Canadians, especially those of limited means and those with limited contact to potential wealthy contributors to even seek nomination in Canada because of the challenge of securing loans from banking institutions. I am curious as to whether the members opposite were intentionally doing this or perhaps it is an aspect of the bill that they merely overlooked. Either case, I think it is a question worthy of further exploration.

I also want to add that under Liberal leadership in this country, the government passed legislation that limited the roles of corporations and unions in electoral financing and introduced the most dramatic lowering of contribution limits in Canadian history.

The key difference between limiting the role of corporate and union contributions in political campaigns and limiting loans in the manner that the government has introduced is a matter of equity. I feel that their proposed approach would be regressive. Given this opportunity to advance this debate, we should seize the opportunity to democratize our institutions where available.

For some, the window of opportunity to influence policy may only come once every four year. Since the passing of Bill C-16, the next scheduled time Canadians will have the ability to voice their opinion for policy change will be in October 2009. This is not to say that the federal election will occur on that date but rather that it is theoretically conceivable.

Our democracy is an institution of the people and in order for such an institution to be truly meaningful it must be truly accessible, regardless of gender, race and social status. With this in mind, we need legislation that will address these demands for all Canadians.

I look forward to hearing other members' perspectives on this debate and observing how it unfolds in the near future.

Canada Elections ActGovernment Orders

May 11th, 2007 / 10:05 a.m.
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Liberal

Roy Cullen Liberal Etobicoke North, ON

Mr. Speaker, I am pleased to complete my remarks this morning on Bill C-54.

I should also say at the outset that I will be sharing my time with the member for Churchill.

Members of Parliament are honest people. Unfortunately, we have been tarred, I think unjustly at times, by the public. Most people in the chamber would agree that everything should be transparent with respect to where we raise our money or what loans we have backing us. I for one believe that anything I do can be posted on a website, I will be accountable for it, and people can hold me accountable for it because they can elect me or not.

It is unfortunate that the Prime Minister has not been forthcoming. In his 2002 leadership campaign he failed to disclose the sources of the people who donated to his leadership bid. I would like to know that and I think many Canadians would like to know who supported the Prime Minister in his leadership bid in 2002. Was it the coalition for guns? Was it Canadian big business? Who was it? Right now we can only speculate and I think the Prime Minister would do himself a service if he came clean.

I should contrast that to the Liberal Party's last leadership campaign and conference in which the leadership candidates went above and beyond everything that was required by Elections Canada.

We need rules and regulations, but I believe that full transparency is a much more powerful tool.

I recall one incident that had to do with the Ethics Commissioner. I was invited to go to the Grey Cup in Ottawa a few years ago by some big company that I knew about. Everyone knew the name. I do not recall having any dealings with it. I told my staff to phone the Ethics Commissioner's office to find out if this was appropriate and get its blessing.

A member of my staff spoke to someone at the Ethics Commissioner's office and the person said that because the Grey Cup was such a big event I would be sitting with corporate people from that company and there would be no time to talk business. The individual thought it was inappropriate. To me it seemed totally counterintuitive. I would have thought the opposite would have been the case. I did not go to the Grey Cup.

That is the problem when one tries to regulate and micromanage things at that level. Let us be accountable and transparent. We have a very good transparent and accountable system in the Parliament of Canada. People vote frequently, sometimes far too frequently as they see it and certainly as many of us see it, but they have a vote. They can kick us out if they see that we took a donation from a company or individual who they feel is inappropriate.

I recall being the treasurer of the riding association of the former member for Etobicoke North who received a large donation, I would say in the thousands of dollars. That conjures up thoughts of $40,000 or $50,000, but it was not even $10,000. I talked to the member at the time. I was the treasurer, a part time volunteer. We discussed it and decided that it was inappropriate to accept a donation of what I will say was $5,000 at the time because there was clearly an agenda, at least in our judgment, by the company making the donation. We sent back a letter, thanked it profusely, and said we felt it was inappropriate.

I have had donations of $200, $250 from corporations and those are basically the size of any corporate donations. I have had some slightly larger over the years. Is a $250 donation going to buy my position in the House of Commons where I am representing the people of Canada? Of course it would not. If that were the case, I would send the cheque back. No amount is going to change my mind about a position I am going to take. I am going to take a position that is, in my judgment, in the best interests of all Canadians. That can be a judgment call and people would agree to disagree.

However, I think we get so hung up with these rules and regulations. I for one voted against our government's bill, Bill C-24, election financing, and tried to work a compromise out with the then Prime Minister to limit corporate donations but not to the extent that they were then or are today.

I do not think the bill accomplishes that much. It sort of reinforces what is already on the books. We cannot use loans to circumvent the donation limits. That is already there and we have to disclose these loans.

Certainly, I support transparency, accountability, and I am going to ask our critic for his best advice once the bill goes to committee, but at this point I am not sure it adds any value.

The House resumed from May 9 consideration of the motion that Bill C-54, An Act to amend the Canada Elections Act (accountability with respect to loans), be read the second time and referred to a committee.

Business of the HouseOral Questions

May 10th, 2007 / 3 p.m.
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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons and Minister for Democratic Reform

Mr. Speaker, as you are aware, this week is strengthening accountability through democratic reform week. It has been a busy week for the democratic reform family of bills.

We sent out invitations for the first birthday of Bill S-4, the Senate tenure bill, which Liberal senators have been delaying for almost a year now.

While we are disappointed with the behaviour of Bill S-4's caregivers, we did have some good news this week with the successful delivery of two new members of the family: Bill C-54, a bill to bring accountability with respect to loans; and Bill C-55, a bill to expand voting opportunities.

There is more good news. We are expecting.

Tomorrow, I will be introducing an act to amend the Constitution Act, 1867, on democratic representation, which is on today's notice paper.

Bill C-16, fixed dates for elections, was finally allowed by the clingy Liberal-dominated Senate to leave the nest when it was given royal assent last week.

With respect to the schedule of debate, we will continue today with the opposition motion.

Friday, we conclude strengthening accountability through democratic reform week with debate on the loans bill, possibly the Senate consultation bill and, hopefully, Bill C-52, the budget implementation bill.

Next week will be strengthening the economy week, when we will focus on helping individuals, families and businesses get ahead.

Beginning Monday, and continuing through the week, the House will consider: Bill C-52, the budget implementation bill; Bill C-33 to improve our income tax system; Bill C-40, to improve the sales tax system; Bill C-53, relating to investment disputes; and Bill C-47, the Olympics bill, which help us have a successful Olympics. Hopefully, we can get to Bill C-41, the Competition Act.

If time permits, we will also call for third and final reading Bill C-10, the minimum mandatory sentencing bill.

Thursday, May 17 shall be an allotted day.

Wednesday, May 16, shall be the day appointed, pursuant to Standing Order 81(4)(a), for the purpose of consideration in committee of the whole of all votes under Canadian Heritage of the main estimates for the fiscal year ending March 31, 2008.

Thursday, May 17, shall be the day appointed for the purpose of consideration in committee of the whole of all votes under National Defence of the main estimates for the fiscal year ending March 31, 2008.

Finally, there is an agreement with respect to the debate tomorrow on the 13th report of the Standing Committee on Public Accounts. I believe you would find unanimous consent for the following motion.

I move:

That, notwithstanding any Standing Order or usual practice of the House, the debate pursuant to Standing Order 66 scheduled for tomorrow be deemed to have taken place and all questions necessary to dispose of the motion to concur in the 13th Report of the Standing Committee on Public Accounts be deemed put and a recorded division be deemed requested and deferred to Wednesday, May 16, 2007, at the expiry of the time provided for Government Orders.

Canada Elections ActGovernment Orders

May 9th, 2007 / 5:25 p.m.
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Liberal

Roy Cullen Liberal Etobicoke North, ON

Mr. Speaker, I believe my time is quite limited, but I will try to summarize my views on Bill C-54 in which I am very pleased to participate today.

I guess I come at this particular issue from the point of view of transparency. I think as members of Parliament we should disclose the sources of any funding, the sources of any loans, but I am not particularly excited about the limits.

We introduced in our mandate Bill C-24, the elections financing act. In fact, I was the only member of the Liberal caucus at the time that voted against the bill at report stage. I felt that it was wrong-footed. I understood that the time the need to restrict corporate donations and in fact a group of us tried to work out a compromise and limit corporate donations to $10,000, but that was not to be.

I have in my riding companies that have branch plants and operations across the country. Under the previous regime of Bill C-24, they could donate $1,000 and now they cannot even do that. If they have branch plants they might want to support the political process and give $250 to the MP or the candidate in a certain riding. I think it is unfortunate that we have brought in these limits for unions and business. I do not think it is appropriate.

In 1998 the Canadian banks wanted to merge. They were very anxious to do that. The banks, it is well known, used to provide huge donations to all the political parties and what good did it do them?

I think the idea that corporate donations buy influence is vastly overstated. I totally believe in transparency, but my problem with this particular bill is that it tends to have some unintended consequences in the sense that it might preclude people who do not have access to cash to get involved in the political process and take out a loan.

The current provisions of the legislation already call for them to repay the loans and they have to do it within the context of the loan limits, of the donation limits, so they cannot avoid the donation rules through loans. Therefore, I am not sure what this new bill is all about, other than restating what is already on the books.

The member for Winnipeg Centre talked about the laundering of money. I think that is a pretty strong statement. I know our country has brought in one of the strongest anti-money laundering regimes in the world. If this was a money laundering operation, I would certainly object to it, but I know my colleague from Vancouver Quadra is the expert on this. I know he will be trying to improve the bill at committee.

I certainly hope, when the bill comes back to the House, it will be new and improved and then I will be happy to have a look at it.

Canada Elections ActGovernment Orders

May 9th, 2007 / 4:55 p.m.
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NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Speaker, I should begin my comments on Bill C-54 by recognizing and paying tribute to the former leader of the New Democratic Party who most recently sat in the riding of Ottawa Centre, because it was he who blew the whistle on the fact that the political donation regime in this country left a loophole that was so outrageous it was bound to be exploited and abused.

Mr. Broadbent had the sense to recognize that even though the amounts of money that can be donated to a political campaign or to a political party had been reduced, by allowing these huge loans, which never really have to be paid back, it was obvious that somebody with a lack of ethical standards would take advantage of that loophole and would begin to act as if there were no financial limitations. I recognize Mr. Broadbent for raising this issue for us in his ethics package.

I am gratified that today we are dealing with a bill in the House of Commons that will close this last remaining loophole, one of the most serious loopholes in our election financing laws, because we start with the basic premise that nobody should be able to buy an election in this country, or a politician, for that matter. When we are dealing with such massive amounts of money, the point that was made by the House leader of the government was that a politician or a political party is going to owe somebody a great deal. They are going to owe somebody an obligation, a debt, and it is not healthy for the interests of democracy to have some corporate sponsor pulling the strings of politicians through this enormous debt of gratitude that is owed. That is the fundamental principle here. That is the direction in which we believed we needed to go.

These loans were a loophole that simply had to be plugged. The most egregious example, I suppose, and what really caught the public's imagination, was during the Liberal leadership campaign. Even though businesses and unions were not allowed to donate a single dollar, they could loan tens of thousands of dollars or hundreds of thousands of dollars, and individuals could loan far in excess of what they were allowed to donate.

Then, through the very loosey-goosey standards and rules that exist in terms of the repayment of those loans, if the loan was not paid back within 18 months it was deemed to be a donation, albeit an illegal donation. We allowed this contradiction to exist in our election finance regime. Some would say it was by design that the rules put in place by the previous government to put limits on election financing left this convenient loophole there, with it knowing full well their people would stumble upon it, seize on it and use it.

The other example that turned people's heads and simply sounded the alarm that this had to be addressed was the member for Mississauga—Streetsville. Even though a business is not allowed to donate anything and a union is not allowed to donate anything, his business loaned the Mississauga--Streetsville riding association $176,000 in one loan, I believe it was, and another $60,000 in another loan.

How can that be? It is a contradiction that we have allowed to evolve, because if that loan is not paid back within the 18 months, it is deemed to be a donation, and then we will have allowed a business to make a donation, which it is not allowed to at all, and a donation in the amount of a quarter of a million dollars, which is clearly in excess of anything contemplated when we set the donation limits for individuals at $1,100 per year.

This had to be done. I do take some recognition of the fact that we played a role in bringing this about. It was the NDP that moved this as an amendment during the Federal Accountability Act debates, but I also caution that we perhaps have not gone as far as we could. There are two things in the bill that worry me somewhat.

Even though we cannot pass legislation retroactively to give us some satisfaction on the debacle of the Liberal leadership loans or the loan of the member for Mississauga—Streetsville, we can have legislation that is retrospective in nature. We can look at ways to address these loans that drew the public's attention to this issue to make sure there is some compliance with at least the existing regime.

The second thing that we find fault with regarding this legislation is we cannot understand for the life of us why the date of implementation will be six months after the bill receives royal assent. My colleague, the government House leader, suggested that perhaps there is a way we could speak to the Chief Electoral Officer and garner support for the idea of a more rapid implementation date. I would urge the government to do so, because as the bill is currently drafted, it is possible we could have another federal election under the current set of rules which allow these political loans.

Now that it is common knowledge that there is no law against lending someone $100,000, even though the donation limit is only $1,100, a lot more people will be doing it if it is allowed. It would be morally and ethically wrong to allow another federal election to take place under the current set of rules. Therefore, I would urge members when the bill gets to committee, to look favourably on the idea of an amendment, which we would be happy to put forward, that the date of implementation should be when the bill receives royal assent.

This is much in the same spirit that we looked at the Federal Accountability Act. We did not see any reason to delay the implementation of the election financing rules associated with the accountability act, even though the Liberal Party urged us strenuously to delay and delay and delay because the Liberals wanted to get their leadership convention out of the way. That is certainly one of the things we would like to see.

I heard my colleague from the Liberal Party try to make arguments against this bill. Even though I do not take this remark seriously, I do give him credit for at least having the courage to try to be creative to find some reason why this bill is a bad idea.

I do have to counter one of the arguments he made which was completely spurious. He suggested that by banning these loans or putting severe limits on these loans, it would actually act as a barrier to those who do not have access to friends with money from entering into politics. It is like arguing night is day, because that is absolutely 180 degrees the polar opposite of what any cursory reading of the bill would tell us. In actual fact, the idea is to take big money out of politics and to take away the unfair competitive advantage that people who are well connected currently enjoy. The idea is to level the playing field.

That was the purpose of Bill C-24, which the Liberals introduced when they first put limits on donations. The idea was to get big money out of politics so that nobody could buy influence. That was certainly the argument put forward under Bill C-2 when we further reduced the donation limits to $1,100.

It is courageous to argue that this is actually the inverse. It takes a lot of guts to stand there and try to make that argument, but we cannot let that go unchallenged. If anything, this is an enabling measure that does level the playing field so that all of us, if we need to borrow money to get our campaign started, have to go to a recognized lending institution. No single person would be able to underwrite or co-sign a loan to an extent greater than the person would be allowed to donate in that year. It is eminently sensible because if there is a default on that loan and the loan becomes deemed to be a donation later on, then the donation would not be in excess of what the person would have been allowed to donate. It seems common sense to me.

A further innovation and protection here is that we do not want the precedent set by Paul Hellyer and the Canadian Action Party to set the tone. In that case, he simply wrote off the $800,000 debt to the Canadian Action Party. We do not want to see John Rae writing off the debt to Bob Rae. We do not want to see Mr. Mamdouh Stephanos writing off the $200,000 debt which was loaned to the leader of the official opposition. That would be fundamentally wrong because then those guys would have made a $200,000 loan which became a donation which they then forgave. Talk about buying influence in a campaign. What about the $100,000 that Marc de la Bruyere loaned to the leader of the official opposition?

We have every reason to believe that the leader of the official opposition will probably pay back those debts because he will have the ability to fundraise within the $1,000 limit and because he is in a fishbowl and everybody is watching what he is going to do with his campaign debts.

What about the losers in that race? For instance, I used the example of John Rae, a senior executive with Power Corporation, being able to simply write off and forgive the $840,000 that he loaned to his brother, Bob, to run in that campaign. That would be a travesty. That would be an absolute abuse of the election financing laws as we know them today.

With this bill, it is deemed that if the loan is not paid back in an acceptable period of time, or the time frame negotiated between the lender, a bank, and the borrower, or 18 months, whichever comes first, it would be the riding association and the political party of the riding association that would have to assume that debt. That would make sense. In fact it would help from an equity point of view for the person borrowing the money, because the person is actually borrowing the money with the guarantor of the political party that the person belongs to. The financial institution would have some comfort. The person would not have to find a financial backer to co-sign that loan; in fact, the person would not be allowed to.

If, as I have done, one needed to borrow $20,000 to get the campaign started, one would need to find 20 guarantors at $1,000 each. No one person could co-sign the loan. That is the way it should be. If the person cannot find 20 people to sponsor his or her entry into politics, perhaps that person should rethink whether he or she should be going into politics or not because the person is not going to get very far anyway.

I think this is eminently fair. It has covered the three conditions that the NDP raised during the debate on the Federal Accountability Act. I completely reject the Liberals' argument that there could be perverse consequences which would limit entry into politics.

Again my colleague from Vancouver Quadra very cleverly planted the idea that perhaps Equal Voice would be disappointed with this initiative, as if this would somehow be a barrier for more women to enter politics. I would argue that the absolute inverse would be true, because this will level the playing field so that well-connected people with corporate sponsorship, like we saw in the Liberal leadership race, will not have a competitive advantage over a woman without those connections. Again it levels the playing field. We have not had any indication how Equal Voice would react to this bill, but from what I know of the people in that organization, I think they would support this idea.

I wish we would not reform the election financing regime in such a piecemeal fashion. There are a number of other things that the NDP has been calling for. One I will speak to briefly is that now that Bill C-16 has passed very quietly and without fanfare over in the other place, it is now law and we have fixed election dates, I believe we should have year-round spending limits. Now that we know elections will be held every four years on a fixed date in the month of October, there should be some regulation on the amount parties can spend on advertising not just during the writ period but outside the writ period as well. That is a necessary natural consequence of having fixed election dates. I would look forward to some movement from the government in that regard.

I also wish we had done something about the age of political donors. I am very critical of the idea that we can actually launder money through our children's bank accounts in a way to exceed the donation limits allowed by law. That seems to be acceptable in that when it happened in the Liberal leadership race and we filed complaints with the elections commissioner, nothing came of it.

I guess if an 11 year old wants to donate $5,000 to a political candidate, nobody thinks twice. When it is twins and they both decide to donate $5,400 each to the same candidate, nobody thinks twice. Throughout the whole country Canadians shook their heads when they saw that. I would like to see us have the courage to move forward and say that this is simply wrong.

It is wrong to launder money through anybody's bank account if the purpose is to defraud the system and exceed the donation limits allowed by law, whether it is one's mother-in-law or brother. A person is not allowed to donate the maximum himself or herself and then sneak a cheque under the table to his or her buddy and say, “Send this along to the Liberal Party for me too”. It is against the law to conspire to defraud the system. We are silent on that and even when we file complaints on that, the elections commissioner seems to be silent on it.

The NDP tried to move an amendment to Bill C-2 which said that underage people could donate money, but if they did, it would be deducted from the total amount their legal guardian was allowed to donate. In other words, if a 14 year old felt strongly enough about politics and wanted to donate $100 of the money he or she earned at the burger joint, more power to him or her, but that meant the child's parents or legal guardians would donate $100 less that year. If people get a tax advantage from being children's legal guardians, they have to be legal guardians in this era of politics unless and until the children reach legal age as well. That would have been a courageous move and would have cleaned up one of those embarrassing situations that we allow in our system currently.

Let me speak briefly about the outstanding issue that we are all worried about, which is the issue of the member for Mississauga—Streetsville, who is not a Liberal any more, but when the loans took place he was. Now he is a Tory.

I do not know how we are going to address this, but we should remind everybody, and maybe through this speech we will serve notice, that no one's sweetheart can bail out somebody like that. If someone borrows $50,000, as many of the people did in the Liberal leadership campaign, and it is not paid back quickly, the candidate cannot pay it off because he or she would be exceeding the limit. The candidate cannot have a guardian angel donor show up out of nowhere and bail him or her out. The money has to be paid back within the donation limits.

The money was raised within the donation limits of the act, which is $1,100 per year. I do not see how some of these candidates are going to do so. The burden of proof is on them to pay it back in compliance with the law. Some of these failed leadership candidates are now raising money for the next federal election and they are still asking people for money to pay off the debt they incurred.

As I say, it is not that tough for the winner to pay off the debt. It is a lot tougher for the losers, the ones who did not win. It has to be the $1,000 limit. We are watching. These people are in a fishbowl and we will be filing complaints. If they do not pay it back at all and it is deemed to be a donation, then what? I will tell the House what.

Under the current election laws, and this should be fixed too, they can take out another loan to pay off the first loan and buy themselves another 18 months. Then the debt gets lost in the sands of time and we will have been complicit with somebody conspiring to defraud the election system. Those are the people on this list that I have right here.

Some of the people in the Liberal leadership campaign might find themselves in that situation. It would be wrong, but they may be leaning that way and our Elections Act is not tough enough to stop that from happening. I was disappointed, in fact I was shocked to learn that would be allowed, that they could take out a second loan to pay off the first loan and buy themselves another 18 months. Who is going to be around to police whether the second loan gets paid off three or five years down the road? This is really not satisfactory.

If we are serious about levelling the playing field, about taking big money out of politics and about making sure that nobody can buy an election in this country, we have to go all the way. We should put together an election financing regime that we can all be proud of. We could be an international centre of excellence. That would make me proud.

I take some pride, as I said at the beginning of my remarks, that it was the former leader of our party, the hon. Ed Broadbent, who brought this issue to light and said, more or less, that no further federal elections should take place until we clean up the election financing regime in this country. The NDP tried to do it during the debate on the Federal Accountability Act. It seemed to take a little longer than we thought to resonate with the ruling party, but it seemed to have at least accepted the need for this now.

We are critical that there will be a six month wait after the bill receives royal assent. We expect this to get a rough ride from the Liberal Party. I am not trying to state the obvious, but if one cannot raise or borrow money, one is not going to be in any hurry to pass this bill.

We hope the Liberals do not stall it unnecessarily, but I think the government should act quickly to take that six month proviso out of the way, implement it as soon as we can, and get it through the House, so that the next federal election can be run with equal opportunity for everybody and that no unfair competitive advantage go to those who might enjoy a corporate sponsor or guardian angel donor.

Canada Elections ActGovernment Orders

May 9th, 2007 / 4:45 p.m.
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Bloc

Marcel Lussier Bloc Brossard—La Prairie, QC

Mr. Speaker, I thank the member for Montmorency—Charlevoix—Haute-Côte-Nord for his speech on C-54. I would like to hear his comments on what the House Leader told the newspapers, when he said that his government did not intend to table a retroactive bill.

Is there not some justification for making retroactive legislation regarding these contributions?

Canada Elections ActGovernment Orders

May 9th, 2007 / 4:45 p.m.
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Bloc

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

Mr. Speaker, as I began, I stated that the Bloc Québécois is in favour of the principle of this bill. However, I would like to tell my hon. colleague that this government's approach to ethics and transparency is like an unfinished symphony. They can pat themselves on the back and say that they got this, that and the other thing done, and that they made some corrections thanks to Bill C-2. They can say such things, but I would like to enlighten my colleague. I say it is an unfinished symphony because it still has some major shortcomings, particularly concerning whistleblower protection. Allan Cutler said so himself. He was a candidate for the Conservative Party. He was a whistleblower. He was the first to see the problem and stand up. We would expect this government to include provisions for whistleblower protection as well as real reforms to access to information, as called for by the Information Commissioner.

I can repeat it again for the member. Yes, the Bloc Québécois is in favour of the principle of Bill C-54 concerning loans. Yes, we agree that there were some improprieties during the last Liberal Party leadership race. Yes, we agree, but we think the Conservatives must also take a closer look at themselves. Perhaps things have happened in the past on their side.

Canada Elections ActGovernment Orders

May 9th, 2007 / 4:25 p.m.
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Bloc

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

Mr. Speaker, it is my pleasure to speak to Bill C-54, An Act to amend the Canada Elections Act, which specifically addresses accountability with respect to loans. The Bloc Québécois supports this bill, which seeks to prevent individuals from bypassing campaign financing rules.

As we all know, this bill seeks to correct and clarify a few things that Bill C-2 left out. Members may recall that Bill C-2, which the government touted as its key piece of legislation, as the foundation for cleaning up campaign financing and governance, had a number of shortcomings that had to be rectified. Among other things, Bill C-2 introduced new restrictions on campaign contributions, limiting any individual's annual contribution to a registered party or candidate to $1,100 and prohibiting contributions from unions and businesses.

As unbelievable as it might seem, individuals could still get around these restrictions by taking personal loans. For example, several candidates in the recent Liberal Party of Canada leadership race took out big loans from individuals and financial institutions. Bob Rae, who was defeated by the current leader of the official opposition, owes $580,000 to John Rae, the vice-president of Power Corporation. The current leader of the opposition borrowed $430,000. The current deputy leader of the Liberal Party borrowed $170,000, and Gerard Kennedy borrowed $201,000. The cunning, discreet use of loans gave candidates access to enormous sums of money.

Some may be tempted to question the figures I just mentioned, so I will reveal my source, which was a table printed in La Presse on November 18, 2006.

This bill will also rectify another problem with Bill C-2 on government accountability. During the study of Bill C-2, it became clear that the Conservative government was much more interested in passing the bill quickly than in correcting the kind of ethical problems that have plagued both this government and its predecessors.

I would remind the House that, at the time, the opposition parties, the media and the Democracy Watch group raised the issue and the government refused to act. This bill corrects the problem of loans that circumvent limits on political contributions. I will probably not have enough time to cover both points in great detail, but I would like to emphasize that we are not satisfied with what the Conservatives have done about protecting whistleblowers and in terms of reforming the Access to Information Act.

As for protecting whistleblowers, as we all know, during the last election in January 2006, the Conservatives made a number of election promises dealing with this issue.

These aspects were not included in the accountability act. Allan Cutler, one of the whistleblowers originally involved in the disclosure of the sponsorship scandal and a former candidate for the Conservative Party during the election, was somewhat critical of Bill C-2. Yet, Allan Cutler was an ally of the Conservatives. He maintained that Bill C-2 was far from perfect and had some problems that needed fixing, especially with respect to the provisions for protecting whistleblowers.

Bill C-2 has another flaw that has to do with the Access to Information Act. I would remind the House that, on April 5, 2005, the Liberal government presented a discussion paper on access to information reform. That paper was criticized by all observers, including the Conservative Party. In addition to doubling the minimum administrative fees required of the public, the bill introduced by the former Prime Minister, the hon. member for LaSalle—Émard, maintained all the exceptions included in the act. The Liberal Party never managed to bring about a viable reform of access to information, despite its 13 years in power.

The Conservative government promised during the last election campaign—we remember the holier than thou promises of this government—to reform the Access to Information Act. This is what was said at the time:

A Conservative government will:

Implement the Information Commissioner’s recommendations for reform of the Access to Information Act.

We are still waiting for this reform. The truth is—in this case and so many others—that once in power, the Liberals and the Conservatives are one and the same. When they are in the opposition, the Conservatives criticize the Liberals and make a big fuss about ethics and governance. Once in power, the Conservatives use pork barrel politics and put both hands in the cookie jar, as my grandmother used to say.

The information commissioner recently observed that this is a common trait in all governments. He also said that the reason we need to take action instead of conducting more studies is that governments continue to distrust and resist the Access to Information Act and the oversight of the Information Commissioner.

The proposed changes are fourfold. First, the bill would establish a uniform and transparent reporting regime for all loans to political parties, including mandatory disclosure of terms and the identity of all lenders and loan guarantors.

The second change proposed by this bill is that unions and corporations would now be banned not just from making contributions as set out in the Federal Accountability Act, but also from making loans.

Third, total loan guarantees and contributions by individuals could not exceed the annual contribution limit for individuals established in the Federal Accountability Act, namely $1,100 in 2007.

Only financial institutions, at commercial rates of interest, and other political entities could make loans beyond that amount. Rules for the treatment of unpaid loans would be tightened to ensure candidates cannot walk away from unpaid loans: riding associations will be held responsible for unpaid loans taken out by their candidates.

In conclusion, Mr. Speaker, I have to say that the Conservative Party is not a bastion of transparency, even though it is the party you belong to. You sit in that chair as the guardian of democracy and the person who makes sure debates are conducted properly. I look in your eyes, and I know that you cannot corroborate what I am saying and that, as deputy speaker, you cannot openly support what I am saying. But since you are a responsible member, I am certain that you would agree with me that the Conservative Party is not a bastion of transparency.

In a few short months, this party has built up a track record that shows a lack of political will to obey the rules and put an end to what Mr. Justice Gomery called the culture of entitlement. Besotted and obsessed with power, we come to believe that the money entrusted to us belongs to us personally. It is as though we were running our own business.

I am sorry, but that money is entrusted to us as managers, custodians of the taxes Canadians pay, and it belongs to the taxpayers, who are sick and tired of paying taxes.

In Quebec, we had to file our federal and provincial income tax returns by May 1. I am sure that most of the people who are watching are tired of paying taxes and feel that they pay far too much for the services they get in return.

Public money, taxpayers' money, must be managed openly and transparently. Denouncing the sponsorship scandal that involved the Liberal Party, Mr. Justice Gomery said that it was time to do away with the mentality behind the culture of entitlement and the attitude people in government have that they can do anything they want and they do not care about the people. This is not the way things should be.

There is a proverb that says that he who lives in a glass house should not throw stones. I would like to point out that the current Prime Minister, leader of the Conservative Party, admitted, in December 2006, that he omitted to disclose to the Chief Electoral Officer the collection of hundreds of thousands of dollars because he believed they represented registration fees paid by Conservative delegates attending the party convention in May 2005. The party was forced to record the registration fees for the convention as donations. The report states that the party then discovered that three delegates, including the Prime Minister, had exceeded their annual limit of $5,400 in contributions to the party. Consequently, the Conservative Party was forced to return $456 to the Prime Minister and two other delegates.

There is something else. This government denounced the lobbyist culture associated with the running of the Liberal Party. In and of itself that is a good thing. However, we must recognize that when the Conservative Party was in opposition with us, it denounced this culture that sought to enrich lobbies and the fact that the Liberal Party paid more attention to lobbies than to citizens. We agreed with our colleagues from the Conservative Party when they were in opposition.

However, once in power, they did the same thing. I will provide two small examples. With regard to the current Minister of National Defence, I do not know what happened but, after the opposition asked questions about Afghanistan and the mistreated and tortured Taliban prisoners, he lost his voice. We know that a good dose of laryngitis lasts a few days.

There are great medications for this, and eventually the laryngitis goes away. The Minister of National Defence lost his voice three weeks ago. This is worrisome. What is going on with the Minister of National Defence? Why does he not want to answer our questions? If he is no longer able to do his job, the Prime Minister should seriously consider replacing him. He is a completely useless minister. We have to wonder about the wisdom of the Prime Minister's decision to appoint a former lobbyist as head of the Department of National Defence.

Let us remember that when he was a lobbyist with Hill and Knowlton, he spent a decade working for the largest military equipment, arms and weapons dealers. His clients included BAE systems, Raytheon Canada and General Dynamics. He is now responsible for awarding military contracts worth about $20 billion. Let us remember the tour taken last year when Parliament was not in session. They went to Fredericton and announced the purchase of aircraft. They went to Valcartier and announced the purchase of jeeps. They went to Ontario to make other announcements. They went to Alberta or Manitoba, I cannot remember which, and made even more announcements.

They did all of their shopping without engaging the House of Commons in debate. It just so happened that they waited until the House adjourned for the summer to go on a big tour making military spending announcements. The chief lobbyist is also the Minister of National Defence, who awarded over $20 billion in military contracts.

Can we be sure that the Minister of National Defence, who has remained silent on the subject, is working in the best interest of taxpayers rather than in the best interest of his former clients? The question is a good one, and the answer is obvious.

What is more, the current Prime Minister made Sandra Buckler his director of communications. The auditor general produced a devastating report about the Royal Lepage relocation services saga. Apparently, in 2005, Ms. Buckler, a lobbyist, met with members of the Standing Committee on Public Accounts, who had serious doubts about how Royal Lepage was using public funds. As a reward, the Prime Minister made her his director of communications. One might well wonder whose interests were being served in the Royal Lepage relocation services file: Ms. Buckler's or those of taxpayers?

One might also question contracts awarded to political friends. The Conservative government awarded a communications contract to Marie-Josée Lapointe, who was part of the current Prime Minister's transition team. One might also wonder about partisan appointments and appointing judges and immigration commissioners on the basis of their political beliefs. Much could be said on the topic.

Unfortunately, I have only about a minute left. I will have to wrap things up unless I have the unanimous consent of the House to speak until it is time to vote. I would be happy to do so, but I believe it is my NDP colleague's turn to address the House.

In conclusion, the Bloc Québécois supports this bill. I think that the government should seriously consider doing something about certain major loopholes that are still around despite Bill C-2.

Canada Elections ActGovernment Orders

May 9th, 2007 / 4:20 p.m.
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Liberal

Stephen Owen Liberal Vancouver Quadra, BC

Mr. Speaker, it is a confusing area and we need to manoeuvre through it quite carefully.

The point is that under Bill C-54 if there is a guarantor for a loan of $100,000 from a financial institution to a leadership contestant and that money is not repaid and the bank goes to the guarantor, that does not absolve the leadership contestant from having to obey the election contribution laws.

In my understanding of it, and I would like this to be part of the debate, there would still be the obligation on the political contestant to convert the money that he or she spent during the leadership or nomination process or whatever within 18 months to something that fits within the Federal Accountability Act, in this case individual contributions of $1,100.

I would be very concerned if I am wrong but I do not think I am wrong in saying that the political contestant would not be absolved from responsibility to convert that loan into contributions within the set limits. I think that is true now, let alone under this new bill.

Canada Elections ActGovernment Orders

May 9th, 2007 / 4:15 p.m.
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Liberal

Stephen Owen Liberal Vancouver Quadra, BC

Mr. Speaker, Bill C-54 would allow for exactly what the member has described. If an individual had his own property and resources and went to a bank to borrow $800,000 against his assets, Bill C-54 would allow that.

All of the Liberal leadership candidates, to one extent or the other, took out loans because this is a big country and the process is long, which requires financing. Those loans need to be converted within 18 months into contributions under the current limit, which, under the Federal Accountability Act, is $1,100. Every one of those leadership candidates has the responsibility now of raising money under the rules of the Federal Accountability Act to convert their loan. We know they are out doing this. The member makes a very good point because that is exactly what those people are committed to and required to do at this stage.

If we can identify areas of abuse that might happen, then we should work together to fix them and plug them. However, those leadership candidates are under that requirement now.

Canada Elections ActGovernment Orders

May 9th, 2007 / 3:50 p.m.
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Liberal

Stephen Owen Liberal Vancouver Quadra, BC

Mr. Speaker, I am pleased to rise today on behalf of the Liberal opposition and address Bill C-54. I must say at the outset that the government House leader was not able or willing to answer my earlier question about the disclosure of the Prime Minister's leadership funders in 2002.

He did not address that topic, but I think this House needs to know that, particularly in relation to the comments that the government House leader made about the open disclosure of all loans, of all lenders and all amounts by the Liberal leadership contenders last year. Clearly they were acting beyond what the Canada Elections Act required, in good faith and with full disclosure. Everybody knows both what is going on there and the rules that apply to it.

As for the Prime Minister bringing forth this legislation, I think the government House leader suggests that he is somehow on the road to Damascus, leading this House in some epiphany in terms of loans and the way they are treated. Perhaps he was waylaid, misled or turned around and is actually on the road to perdition, because this bill of course has a perverse consequence. It is a non-accountability act. Again, it is Orwellian in many of the impacts that it will have. I will take some time to explain exactly why this will make democracy weaker in many ways in our country if it goes ahead as it is written, without amendment.

The Liberal Party is certainly very much in favour of transparency and accountability and will be looking toward a bill that properly and effectively tightens up the application and the use of loans in political financing in this country wherever it might be necessary. However, we certainly will also want to ensure that as the bill goes forward the proper amendments are made so that it does not, whether consciously or unconsciously, create a barrier to entry to the political process for those who do not have access to funds or friends who have access to funds, or to financial institutions that reflect their willingness to give loans because they realize that these people already have money, or they have people who will sign for them and back them up with money. We have to be very careful that this is not a barrier.

Let me go back to January 2004, when the former Liberal government brought in the most dramatic changes to electoral financing in this country's history with Bill C-24, and indeed perhaps the most dramatic change than had happened in any democratic jurisdiction in the world, which of course reduced the union and corporation donation limits per year to a mere $1,000. That is almost meaningless when we are talking about a nation this size. To suggest that a $1,000 donation by a corporation could buy favour across this country in an electoral process is beyond imagination. In any case, we effectively took that out and left the donations at a $5,000 level for individual members of the public, who are of course the basic building block and the basic unit of democracy. That is where it should be. That was an extremely important step. It was a dramatic step in the political history of this country.

Bill C-24 also did some other things. It introduced an aspect of proportional representation. I know that many members in the House in all parties are interested in seeing us proceed with consultations and consideration of that. However, when the private money was taken out to such a dramatic degree, Bill C-24 provided for public funding of electoral processes by providing $1.75 for every vote that any party received in the general election nationwide.

That allowed for a proportionality that corrected some of the difficulties with the first past the post process, where often the number of seats in this House achieved by parties bears very little relation to the proportion of the vote they get. As an example, the Green Party got 600,000 votes in the last election. Under that provision, it received over $1 million, which allows its members to express the views of the people who voted for them through the financing of their political activity, although not yet representation, across the country. That is a first tentative but important step. It was part of that groundbreaking electoral financing legislation.

Let me correct a perception that the government House leader gave, which was incorrect. He suggested there were no rules now covering loans and the disclosure of loans. In fact, the current statutory provisions require the disclosure of all loans. They require the disclosure of the lenders and the guarantors of those loans.

Another misconception is that there are no consequences if these loans can be written off. In fact, there are consequences. Those loans must be repaid within an 18 month period or they fall under the political contribution rules, which are very strict.

It is not a way to have money given. It is money loaned for a period during an electoral process, either a leadership process, as was involved last year with the Liberal leadership, or perhaps a nomination process where someone does not have access to party funds or riding association funds. If people were unable to take a loan, that might well be a barrier to entry into the political process for people who were not of independent means. There are consequences. Those must be converted and that is an important aspect to it.

Who owns the Prime Minister? The government House leader raised the issue of the Liberal leadership candidates and the influence of big money, but we still have not had an answer about who financed the leadership bid of the Prime Minister in 2002.

Why do we want to know that? We want to know that for the very reason the government suggests we need the bill. We already have provisions in the Canada Elections Act that cover both disclosure of loans and repayment of loans and consequence if we do not. In any event, why do we want to know? It is an immensely important question. Is it U.S. gun lobby? Is it big oil? Who made those contributions to the Prime Minister's leadership race in 2002? We will come back to that until we get a proper answer, until the Canadian people get a proper answer. These are important issues.

Let me talk about the name of the act, the accountability with respect to loans act. It could be called the new Conservative bank of Canada act. It is big money that would get more influence because of the way the act is written currently. We will seek amendments to ensure it does not simply limit the influence that can be exerted to those with money or have access to big money. Let me tell members why.

Financial institutions are the only ones that can make big loans to individuals. If people are maybe from a disadvantaged group or an under-represented group who have not been in politics before, who seek a nomination in a riding, those people do not have independent wealth, they do not have a riding association yet to loan them funds, as is allowable under this bill, and they do not have, perhaps, credit worthiness to go to a bank. What does that person do? The individual is left out. They simply cannot, effectively. With the limits under this, there is a barrier to entry into the nomination process.

If we look at the Liberal leadership process that went for nine months of fulsome discussion and debate across the country, presenting 11 candidates for scrutiny by the public in a highly open and democratic process, those were expensive. We cannot do that in a country the size of Canada without having some funds to expend for it.

Those should be under rules, and there are rules. There may be some tightening up that the bill can do, and that is fine. However, to say that people taking out loans so they can exercise their right to take part in the democratic electoral process for leadership, for nomination, is going down the wrong road.

In fact, the bill, as written, does not, as Bill C-24 previously did, take out corporate money and put in public money that was properly and evenly distributed according to the proportion of the vote achieved by each party that ran candidates. This cuts out the public and brings in the big money.

Who can get a loan from a bank, from a financial institution? It is someone with a lot of money or property to put up as collateral, or someone to co-sign or support the loan. Those are people of influence and money. This is letting the money in. It is not keeping the money out. That is what we will have to see. I look forward to working with members of the Bloc, the NDP and the government to see if we can get some amendments so we do not create a barrier to entry for people who have no means and are not yet part of the political process. That transparency is immensely important.

We have an organization called Equal Voice. All members of the House will be well aware of and knowledgeable about it. The organization seeks to encourage women to enter the political process so we can rise above the deplorable disproportion of men to women in the House of Commons, with 20% representation by women.

The leader of the official opposition, the leader of the Liberal Party, has pledged that in the next election one-third of the Liberal candidates will be women. We are well on the way in the nomination process to achieving that. This is a demonstrative move to try to get a proper proportion of gender equity into the House.

If this goes to committee, I am sure Equal Voice, representing all parties and all people across the political spectrum, will be very interested to come to talk the committee and to give evidence, as will many other groups who represent disadvantaged or under-represented sectors of this society. They will want to come and give their evidence on it. I hope we will take instruction from them as to how, perhaps unintentionally, the unavoidable consequence of this will be, to exert more power, not less, in those who have access to large amounts of funds.

This new Conservative bank of Canada act is interesting. It may tighten up the rules a little. It is not so that the Canada Elections Act now does not require loans to be repaid or be converted into contributions under the very restrictive rules. It is not so that contributors, lenders or co-signers do not have to be disclosed for political loans. They do have to be.

I am as anxious as anyone else in the House to see that this process is not abused, and if we can tighten it up, all the better. However, we have to ensure there are no unintended consequences of creating barriers to disadvantaged and under-represented groups.

The government House leader took some time to describe a number of what were called democratic reform bills, or statutes, in the House as brought forward by the Conservative government, and it is worth talking about a few of those.

One is Bill C-2, the Federal Accountability Act. Members of the House and the committee of the House spent a great deal of time on this as did members of the Senate. In fact, unencumbered by a set deadline that was forced on the House committee in the House, the Senate put forward dozens of amendments through its careful review of that act, even under the constant shrill criticism of the government that it was slowing things down.

Regarding slowing things down, royal assent was given to the Federal Accountability Act on December 15, 2006. Here we are, almost five months later, and one of the central parts of that act was the appointments commission. Amendments by the NDP sharpened that up. We had two choices. The Liberal opposition put forward amendments. The NDP put forward amendments. All of them would have been effective, and will be effective, as it was finally passed, but all these months later, all of these appointments later, dozens of them, and we still do not have the appointments commission. This was one of the key things that was said by the government to be so important about the Federal Accountability Act. We do not even have a commission.

We continue without the proper controls. We had suggested that the Public Service Commission take over this role, that there be amendments to its mandate to apply the same rules, competitive process and objective criteria used in the public service for any order in council appointments, but we still do not have that.

I would be very interested to hear from the government when it is going to proceed with that important part of Bill C-2. There were so many complaints about it being delayed when in fact there were a very large number of responsible, thoughtful and careful amendments suggested by the Senate, and actually passed into law.

Bill C-16 deals with fixed dates. We supported that on this side of the House. There was no delay. There was careful consideration in the Senate. There was a thoughtful amendment put forward. It was brought back to the House with that amendment. We on this side offered the government, before the Easter recess, to pass the bill through all processes in the House, back to the Senate, hopefully, for royal assent in the day before we broke. That was rejected. We would have needed unanimous consent, but we did not get it from the government.

Bill C-43 was mentioned by the government House leader. It is not a Senate elections act; it is a consultation act, with provincial elections. It is being put forward as a great democratic reform. I think all members of the House believe, as do probably all members of the other place, that the Senate needs reform in becoming a fully democratic legislative chamber, and we should all work toward that. This is going at it piecemeal. We get criticisms of trying to block the incremental reform of the Senate, but the fact is it all fits together and it must be dealt with at once.

There are three critical aspects of the Senate that have to be considered together.

One aspect is the selection process, which could include elections or involve terms. The term limit is suggested in Bill S-4.

Another aspect is the mandate. In the future how does the mandate relate to the mandate of the House of Commons? Will it be a mirror legislative body with the same electoral validity that will then lead to gridlock. We have to do to deal with that area of comprehensive reform is to have some kind of dispute resolution mechanism whenever the legislative powers mirror each other in the House and the other place.

Then we have the distribution. We cannot do anything else with the Senate until we work out the distribution. It is amazing that the Prime Minister, and all members of the government, would consider doing something to give a greater validity, greater power to the Senate without fixing the very unfair, inequitable distribution of seats to western Canada, particularly to British Columbia and Alberta.

For all of us from British Columbia and Alberta, it is extraordinary that we might think of increasing the power of that body without fixing the horrible lack of fair distribution to western Canada.

Bert Brown has been mentioned in the House by the Prime Minister as being the senator in waiting, to be appointed sometime this summer. He has played a very important role in the political life of Canada. He did not play that role by plowing one E into his barley field or a wheat field. He plowed three E's into it. To try to deal with just one E at once in a piecemeal incremental way, as the Prime Minister says, is not in the favour of Alberta, from where that fine gentleman comes. Nor is it responsible reform in the comprehensive way to properly bring the Senate into the modern age of a democratic legislative chamber. We have to work together to do that.

We often hear about the ghosts of Meech Lake and the ghosts of Charlottetown. We also hear that we cannot go near the Constitution because, my goodness, we might all get distracted and not be able to do anything else in this country and we will never get anywhere. Thank goodness the Fathers of Confederation were not so shy about dealing with the Constitution. We should take on that responsibility ourselves.

Canada Elections ActGovernment Orders

May 9th, 2007 / 3:30 p.m.
See context

York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons and Minister for Democratic Reform

moved that Bill C-54, An Act to amend the Canada Elections Act (accountability with respect to loans), be read the second time and referred to a committee.

Mr. Speaker, it is with great pleasure that I open the debate today on the accountability with respect to loans bill.

This legislation builds on our groundbreaking Federal Accountability Act in ushering in a modern era of clean politics, an era when it will no longer be acceptable for any political entity, including candidates and leadership contestants, to mortgage themselves to powerful, wealthy individuals. This bill is modern, accountable and realistic and it would strengthen our democracy.

Canada's new government fought the last election campaign on a commitment to eliminate the influence of big money in the political process and, since our very first days in office, we have been delivering on that commitment with an active agenda of meaningful democratic reform.

The Federal Accountability Act brought in tough new campaign finance rules. In it, corporate and union contributions were banned. Anonymous contributions and trust funds were banned. A strict limit on annual donations to a political party of $1,100 was established to put an end to the influence of big money.

With these reforms we have closed the door on those who tried to exert influence by signing large cheques.

It has been said, “Think what you do when you run into debt; you give another power over your liberty”. Unfortunately, last year it became apparent that the Liberal leadership candidates were all too willing to relinquish their liberty by mortgaging themselves to a handful of wealthy individuals.

When Liberal leadership candidates started financing their campaigns with big loans from a few wealthy individuals, Canadians saw that big money had found a back door. It had found a way around the Federal Accountability Act. Big money saw political loans as an opportunity to buy back the influence that the Conservative campaign finance reform had blocked. And they took that opportunity, big money did.

The leader of the official opposition mortgaged himself for almost half a million dollars to rich and powerful people like Rod Bryden and Stephen Bronfman.

Bob Rae accepted a whopping $720,000 from his brother, an executive vice-president and member of the board of directors of Power Corporation. The member for Kings—Hants borrowed big cash to the tune of $200,000 and the member for Etobicoke—Lakeshore borrowed almost $.5 million as well, all of it either from wealthy individuals or guaranteed by a handful of powerful interests.

In total, Liberal leadership candidates are on the record as owing over $3 million, almost all of it to wealthy individuals. To put that figure in context, that debt is six times the total amount raised by the entire Liberal Party in the first three months of 2007.

Big money found an easy way to get around the Federal Accountability Act by giving huge sums of money to their favourite candidates and simply calling them loans. I do not think that arrangement sits well with Canadians. It is inconsistent with the spirit of the new Federal Accountability Act that sought to eliminate the undue influence of big money on politics.

Canadian democracy does not breathe easy when the country's leaders owe millions of dollars to a handful of rich and powerful people.

The accountability with respect to loans bill would ensure that politicians are accountable to the people who elect them, not the rich and powerful people who want to bankroll them. Today we are acting decisively to put an end to that kind of old style, backroom politics. With this legislation, our government will kick down the doors of political back rooms and turn the lights on.

The bill would regulate all loans made to political parties, candidates and associations in Canada. The bill would establish a uniform and transparent reporting regime for all loans to political entities. It would require mandatory disclosure of terms and of the identity of all lenders and loan guarantors.

Total loans, loan guarantees and contributions by individuals would not be able to exceed the annual contribution limit for individuals established in the Federal Accountability Act, which is set at $1,100 for this year, 2007. Only financial institutions and other political entities would be able to make loans beyond that $1,100 limit and then only at commercial rates of interest, the same rates all other Canadians would get from their banks or credit unions.

Under the accountability with respect to loans bill, unions and corporations would be unable to make loans, just as they are now unable to make contributions. This brings our campaign finance rules for loans in line with the rules for political contributions.

Finally, the rules for the treatment of unpaid loans would be tightened by this legislation to ensure candidates could not walk away from unpaid loans. Riding associations would be held responsible for unpaid loans taken out by their candidates.

In short, the accountability with respect to loans bill is modern, realistic and effective. It would strengthen our democracy and public confidence in the integrity of our political system.

The accountability with respect to loans bill builds on the agenda of democratic reform our government has undertaken since being elected. Canada's new government has taken action to modernize Canada's political system by introducing realistic legislation that strengthens accountability, strengthens our democracy and makes the entire political process more accountable.

First we introduced Bill C-4, which implemented a review of the requirements for the registration of political parties.

As I mentioned, the Federal Accountability Act, which included provisions to reduce the influence of big money on politics, was passed before Christmas. Bill C-16, another bill, strengthens our democracy by improving responsibility, transparency and equity. It establishes fixed election dates every four years on the third Monday in October.

Fixed dates take the guesswork out of the electoral process and level the playing field for the chief electoral officer, for political parties and, more important, for voters. It also encourages participation in the democratic process by allowing Canadians to plan to participate in their nation's electoral process.

I am very pleased to report that Bill C-16 finally received royal assent despite becoming the target of unelected Liberal senators to obstruct and delay every aspect of the government's democratic reform agenda, as has been their habit.

As members will recall, Bill C-16 was passed in the House of Commons without amendments. It underwent exhaustive debate in the House of Commons as well as in the Standing Committee on Procedure and House Affairs.

After being passed in the House of Commons with support on both sides of the House, the fixed dates for elections bill was sent to the Senate where it was examined in detail by the Senate's committee on legal and constitutional affairs.

After a lengthy period of scrutiny and detailed process, that Liberal dominated committee supported the passage of the bill without any amendments.

While neither the House nor the Senate committees found it necessary to amend the term limits bill, at the 11th hour, the very last minute, an amendment was passed by the Liberal Senate, a frivolous amendment that watered down the legislation, which was never subject to any level of scrutiny, and compelled it to come back to the House of Commons, effectively delaying and obstructing the bill further.

Finally the delays and obstructions in the Senate stopped and we will now have fixed date elections.

Our government has also moved to modernize the unelected Senate and to make senators more accountable to the people they serve. We have acted to strengthen accountability in the Senate with legislation that finally seeks to give Canadians a say in who they want representing them in the Senate. The involvement of citizens is fundamental to any democratic institution. Unfortunately, until recently Canadians have had little involvement in the selection of their senators.

The Senate election bill recognizes that it is the citizens of the country, not big money or backroom boys, who are best qualified to advise the Prime Minister on who should speak for them in Ottawa.

We, on this side of the House, are anxious to see the passage of this groundbreaking legislation and that brings us to Bill S-4. The tomfoolery that Bill C-16 was subjected to in the Senate pales in comparison to what has happened to Bill S-4, the legislation that seeks to limit Senate terms to eight years.

Bill S-4 was introduced in the Senate on May 30, 2006, almost a year ago.

Remarkably, even though the Leader of the Opposition says that he supports term limits for senators, Bill S-4 remains mired in procedural limbo thanks to Liberal senators bent on obstructing and delaying any meaningful democratic reform.

Bill S-4 is a simple bill and just 66 words long. According to my calculations, the senators, who are not elected, have spent more than five days on each word in this bill.

As I have already done several times, I am asking members of the official opposition to urge their colleagues in the upper chamber to respond to the wishes of Canadians and pass Bill S-4. I know the Liberal leader has tried to do that. I know the Liberal senators tend to defy him and just simply will not listen to him. I wish he could muster some authority, some strength regardless of his overall weakness, at least the strength to lead his own caucus on this one issue and get them to pass it.

Our government rejects the tactics employed by some senators to delay an agenda on democratic reform that is endorsed by the Canadian people and we are taking action to respond to the wishes of Canadians to make their national institutions stronger, more modern, more accountable and more democratic.

The accountability with respect loans bill is the latest of these reforms and I look forward to introducing more legislation that will strengthen accountability in the days ahead. The accountability with respect to the loans bill delivers on the commitment of Canada's new government to rid our nation's political system of the undue influence of big money. It shows Canadians that their vote is mightier than the big bank accounts of a powerful wealthy few.

With the passage of this bill, Canada's new government will create an airtight system of political financing, a system that will eliminate, once and for all, the influence of the rich and powerful, of big money, on our political process. It will create a system that Canadians can trust.

The accountability with respect to loans bill would ensure that the 2006 Liberal leadership race was the last time the influence of big money and powerful friends played a role in the selection of a leader of a political party in Canada. Most important, the bill is modern, accountable, realistic and will strengthen our democracy and public confidence in the integrity of our political system.

For all these reasons, I am making an urgent appeal to all the members in this House to support the bill on accountability with respect to loans and guarantees.

Canada Elections ActRoutine Proceedings

May 8th, 2007 / 10:05 a.m.
See context

York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons and Minister for Democratic Reform

moved for leave to introduce Bill C-54, An Act to amend the Canada Elections Act (accountability with respect to loans).

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