Political Loans Accountability Act

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

This bill was last introduced in the 41st Parliament, 1st Session, which ended in September 2013.

Sponsor

Tim Uppal  Conservative

Status

In committee (House), as of Oct. 2, 2012
(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.

Votes

Oct. 2, 2012 Passed That the Bill be now read a second time and referred to the Standing Committee on Procedure and House Affairs.

Political Loans Accountability ActGovernment Orders

September 28th, 2012 / 10:30 a.m.
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NDP

Alexandrine Latendresse NDP Louis-Saint-Laurent, QC

Mr. Speaker, I would like to thank the minister for the question. I will start by saying that the NDP's philosophy is to always work together. Our goal is to examine every bill introduced, and to say that we will work together to make the bill the best it can be. Unfortunately, this is sometimes not possible because the bills have fundamental flaws that prevent us from even studying them in committee. There are some things that we simply cannot get behind.

As for Senate reform, before seeking our approval, the Conservatives must secure the approval of their own caucus and their Senate caucus. It would perhaps be a good thing to do before trying to secure our approval.

The minister is probably aware that the proposed reforms are problematic for us. As things stand, he should perhaps look to his caucus before asking for our support.

Political Loans Accountability ActGovernment Orders

September 28th, 2012 / 10:30 a.m.
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NDP

Pierre Nantel NDP Longueuil—Pierre-Boucher, QC

Mr. Speaker, first of all I would like to congratulate all members present. It is wonderful to see this kind of agreement and this kind of constructive exchange, which we always strive for. I also appreciate my colleague's clarity with respect to the question from our colleague opposite.

Naturally, this is a step in the right direction. Does she think that more can be done to engage people who are less involved in these races and to obtain better representation of women, for example?

Political Loans Accountability ActGovernment Orders

September 28th, 2012 / 10:30 a.m.
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NDP

Alexandrine Latendresse NDP Louis-Saint-Laurent, QC

Mr. Speaker, I thank my colleague from Longueuil—Pierre-Boucher, who is an excellent colleague and excellent benchmate.

Indeed, several things could be done. Take, for example, the NDP leadership race that was held this year. We set a rather low limit to be able to run for leader, which meant that we had some very interesting candidates, such as our colleague from Manitoba and some of our younger colleagues, as well as more women and people who normally would never have been able to participate in such a race, in the manner in which politics is usually done.

Some slightly different rules meant that the candidates were much more varied. It is really important to put democracy and politics back in the hands of the people and not just in the hands of those who have money, who already have a lot of power and who buy more power with these loans and this money.

Political Loans Accountability ActGovernment Orders

September 28th, 2012 / 10:35 a.m.
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NDP

Paulina Ayala NDP Honoré-Mercier, QC

Mr. Speaker, I remember 2006. Back then, I was not yet a Canadian citizen. I had been in Canada for a few years, but I had not yet applied for citizenship. I was very attached to my Chilean citizenship. However, I was so shocked by the sponsorship scandal that I wondered how such things could happen here. So I became a citizen, and since I have always been involved in politics, I got involved again.

How does my colleague think this bill can be improved? What suggestions will the NDP be making to improve the bill and ensure that Canada and our democracy remain a model for other countries on this continent and for democracy in general?

Political Loans Accountability ActGovernment Orders

September 28th, 2012 / 10:35 a.m.
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NDP

Alexandrine Latendresse NDP Louis-Saint-Laurent, QC

Mr. Speaker, I feel that Bill C-21 is a step in the right direction if we want to achieve that goal. Thanks to good laws already in place, such as the Elections Canada Act, money matters less in our democracy than it does in other countries.

I think that we can take more steps in that direction to create one of the most user-friendly democracies in the world, a democracy meant for people, not for members of a select group that grease their own palms and hand out taxpayers' dollars to their friends.

I think that there are many ways to improve our democracy, and Bill C-21 is one of them.

Political Loans Accountability ActGovernment Orders

September 28th, 2012 / 10:35 a.m.
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NDP

Nycole Turmel NDP Hull—Aylmer, QC

Mr. Speaker, I am pleased to share my time with the hon. member for Terrebonne—Blainville.

Bill C-21, Political Loans Accountability Act, contains a series of measures to tighten the political financing rules. Among other things, the bill proposes to prohibit political entities from receiving corporate or union loans. Financial institutions, individuals, political parties and associations will still be authorized to grant or guarantee loans, as long as the terms of the loan, such as the interest rate, are divulged and everything is put down in writing.

As my colleague mentioned, Bill C-21 is a step in the right direction. The bill, to its credit, prevents situations like the one the Liberal Party currently finds itself in from happening again. Let us remember that, six years after the leadership race, many candidates still have not reimbursed the total amount of the loans they received to run their campaigns.

The issue even went before the Supreme Court of Ontario, which recently found the failed candidates with loans in arrears guilty of violating the Canada Elections Act. The court sentenced them to pay a fine of $1,000 or to serve three months in prison. It is important to note that, under Bill C-21, these loans that were not repaid would be considered political contributions after a period of three years.

In the report that he submitted to Parliament in 2007, the Chief Electoral Officer of Canada said:

The loans granted by lenders—who are not in the business of lending, who lend money at non-commercial rates, with terms that are not available to others, or in cases where there is little prospect of reimbursement—may be perceived as a means to influence the political entity to which the funds are provided.

The Chief Electoral Officer highlighted a weakness in our election financing system: lenders might try to influence political entities. That weakness had to be remedied. We have a duty and a responsibility to do everything we can to limit the influence of outsiders over political entities in this country. Bill C-21 proposes a solution worthy of consideration, and that is why, as was noted earlier, we are going to support it at second reading.

Once it is sent to committee, we will be able to improve it. While Bill C-21 means we are taking a step in the right direction, it is still in need of improvement. Yes, we support it, and I hope the Conservative Party will also be open to our solutions. For example, limiting the number of potential lenders is a good idea in theory, but in practice, problems might arise.

Take the case of financial institutions. As the bill now stands, there is nothing that provides for establishing rules that can guarantee a degree of impartiality on the part of the banks in granting loans.

Bill C-21 contains nothing that could guarantee that this process is fair to all candidates, regardless of party. The minister himself said in the past that he did not see the benefit of making the banks subject to a regulatory framework under Bill C-21. That is quite surprising to hear from the minister, because if his objective is to make the process transparent and democratic, it would be to our benefit to see this kind of thing in the bill.

Without clear rules to guarantee that the lending process is fair, we can easily imagine that the banks might be, let us say, more inclined to lend to certain candidates than to others.

That is not to say that this would happen systematically, but the risk of a bank denying a candidate a loan for political reasons exists, and that should never be the case. It is important to address that issue. Without clear rules, we are opening the door to the possibility of a bank denying a loan to a political entity on the grounds that it advocates an agenda the bank considers to be against its interests.

For example, would a bank agree to lend to a political entity that was proposing higher taxes on its profits? Perhaps; it might. The risk of it refusing based on the ideas advocated by the entity in question is our justification for making amendments to the bill. That is exactly the situation that has to be avoided.

Mr. Speaker, you will tell us that the banks are already free to grant or deny a loan to whomever they see fit. Fine. But by limiting the number of entities that are entitled to make loans, Bill C-21 places more power in the hands of the financial institutions. That power must not have an impact on candidates’ ability to finance their campaigns. That would completely defeat the objectives and the intent of the bill.

I hope that the minister and his Conservative colleagues will agree to work with the official opposition to prevent Bill C-21 from creating two classes of candidates: those who have no trouble raising campaign funds because they advocate ideas that will help banks make money, and all the other candidates.

After introducing the bill, the Conservatives issued a news release stating their intent to implement high standards of integrity in the political process. That is all well and good, but the government must work with all parties to ensure that integrity in the political process is achieved.

If that is truly their intention, why did they recently condemn public funding of political parties, which had the advantage of avoiding and eliminating any possibility of allegiance or political scandal?

It seems to me that the best way to curb private money's influence in the political sphere is to remove private money from the equation. Unfortunately, that is not the approach the government chose.

The NDP believes that any action taken to ensure that political funding and loans are as transparent as possible is a very good thing.

That is why, as another colleague said, we will support Bill C-21 at second reading. I sincerely hope that the Conservatives will be open to the changes we propose in committee, even though that has not been our experience in the past, I must say. We all have an interest in guaranteeing the independence of the people's representatives in this country. It is our duty to be above reproach, and we must prevent politicians from using their influence to obtain favours.

Political Loans Accountability ActGovernment Orders

September 28th, 2012 / 10:45 a.m.
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NDP

Pierre Nantel NDP Longueuil—Pierre-Boucher, QC

Mr. Speaker, I would like to begin by congratulating my colleague on her beautiful speech on this issue. The word “beautiful” is probably not the right adjective; it was, in fact, very enlightening.

Here is my understanding of the bill. Despite my colleagues' best intentions—and I may seem like a bit of a party pooper, here—does this not seem like a bit of a shift, which, I think, is clearly in their own best interest, tailored to suit their own way of doing things?

Political Loans Accountability ActGovernment Orders

September 28th, 2012 / 10:45 a.m.
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NDP

Nycole Turmel NDP Hull—Aylmer, QC

Mr. Speaker, I thank my hon. colleague for his question. I alluded to the possibility that candidates who apply for a loan from a bank might be refused simply because their political affiliations go against the banks' interests. That is what we hope to prevent. We want to ensure that candidates are respectful. We want to have the best possible candidates.

If the Conservative Party accepts our proposals, together, we could ensure that Canada has a truly open, transparent process that shows respect for individuals.

Political Loans Accountability ActGovernment Orders

September 28th, 2012 / 10:45 a.m.
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NDP

Paulina Ayala NDP Honoré-Mercier, QC

Mr. Speaker, I cannot help thinking that, by changing the rules on political party financing, we are opening the door to private donations.

As everyone can see here today, the NDP has many women and many young people in its caucus. I myself would not have been able to get a loan. I was a substitute teacher. We will not have any diversity in Parliament if we create such strict requirements and favour certain groups. Thus, I see a link between the political party financing that was eliminated and campaign financing.

I wonder if my colleague could expand on that a little more.

Political Loans Accountability ActGovernment Orders

September 28th, 2012 / 10:45 a.m.
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NDP

Nycole Turmel NDP Hull—Aylmer, QC

Mr. Speaker, I thank my colleague for her question.

It is very important that this principle be discussed. I am sorry the Conservative Party has decided to eliminate contributions or assistance for candidates. That is one way of reaching women. I am thinking of all our young people who took part in the last campaign. How can young people or women who have a career that is just starting out, and enormous student loans, also take on the job of an election campaign so they are able to put their ideas forward? That is what is unfortunate in this situation.

I would like to add, again, that I hope the Conservative Party, for once, will not impose the gag order or go in camera to discuss such an important issue.

Political Loans Accountability ActGovernment Orders

September 28th, 2012 / 10:50 a.m.
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NDP

Alexandrine Latendresse NDP Louis-Saint-Laurent, QC

Mr. Speaker, I thank my colleague from Hull—Aylmer for her speech. She is a very brilliant woman who understands the issues perfectly. It is terrific to be able to work with her.

What does she think about the fact that the bill was introduced over a year ago and seems to have fallen into some sort of limbo? We heard no more about it. The Conservatives have tried to ram through a whole pile of other bills any which way, and now they tell us they were simply waiting for everyone to agree.

I would like my colleague to comment on that, and tell us what she thinks about the very long time it took for Bill C-21 to come up for debate.

Political Loans Accountability ActGovernment Orders

September 28th, 2012 / 10:50 a.m.
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NDP

Nycole Turmel NDP Hull—Aylmer, QC

Mr. Speaker, I thank my colleague for her question.

It is very unfortunate that it has taken a year. We know how the Conservative Party does things. If they really wanted to make Bill C-21 a priority, they could easily have done it. Our party could have had discussions with them, as could all the other opposition parties, and we could have moved it forward and resolved this situation.

Political Loans Accountability ActGovernment Orders

September 28th, 2012 / 10:50 a.m.
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Conservative

The Acting Speaker Conservative Bruce Stanton

Before acknowledging the hon. member for Terrebonne—Blainville, I must inform her that I will have to interrupt her at 11:00 a.m., when it is time for statements by members.

The hon. member for Terrebonne—Blainville.

Political Loans Accountability ActGovernment Orders

September 28th, 2012 / 10:50 a.m.
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NDP

Charmaine Borg NDP Terrebonne—Blainville, QC

Mr. Speaker, I am pleased to rise in the House today to speak to Bill C-21. I will start by saying that we will support this bill at second reading. I know it is rare for us to support a bill, but it is also rare for us to be able to examine an individual bill that is not part of a big omnibus bill. I ask the Conservatives to take that into consideration.

This bill prohibits corporations and businesses from granting loans to political entities. “Political entities” refers to political parties, associations, leadership candidates or candidates for nomination. Furthermore, this bill sets a time limit for paying back loans taken out by political entities: three years for leadership candidates, four months for a leadership candidate and three years for an association or party.

It is important to set limits on repaying loans. Otherwise, debts could accumulate indefinitely. Moreover, there is typically interest on these loans, which can be very detrimental to someone who, after running for leader or for election, will unfortunately have a lot of debt for a very long time.

Political parties will be responsible for paying back loans that are not paid back by the candidates themselves. Obviously, it is important for the financial institutions granting these loans to know that someone will be responsible for paying them back.

Another measure that I find very interesting is the measure that will enable leadership candidates to receive gifts up to a maximum amount per year instead of an amount per campaign. If someone is still in debt two years after the leadership campaign and has already asked all of his contacts, friends, family members and supporters to make a maximum donation, he is in trouble because those people cannot give the maximum amount again, which limits candidates' ability to raise funds to pay back loans within the deadline. This is a very interesting measure. I congratulate the government for having thought about this problem and for putting this measure in Bill C-21.

It is very important for us, as parliamentarians, to try to find solutions to the problem of debt incurred by candidates during elections or leadership races. These people end up with huge amounts of debt that they are unable to repay. We know that some of the candidates in our own leadership race still have a little bit of debt. There are also candidates in the leadership races of other parties who unfortunately still have a great deal of debt.

This measure is important for someone who will stand for election because they will know the consequences of ringing up that amount of debt. If they know that they have three years to repay the money, they may think twice about how much money they are going to spend and if they are capable of paying it back. This will also make people who stand for election more accountable.

In 2007, the Chief Electoral Officer released a report on political financing, which contained a number of recommendations. The changes proposed by the Chief Electoral Officer were intended to limit the influence of individuals and corporations on political entities, an influence that can be exercised through financing. Bill C-21 takes these recommendations into account. Once again, I congratulate the government for responding to the Chief Electoral Officer's recommendations. We know that quite often the government does not follow through with recommendations made by various stakeholders.

The changes proposed by Bill C-21 seek to eliminate the influence by the more well-to-do in the political world. If a lobby, corporation or individual with a lot of money can provide a loan to a candidate, the latter may be influenced by the ideas of the group, corporation or individual.

For example, if a group campaigns for a certain cause, the person may feel obligated to advance that cause in particular. I think that it is extremely important to bring back this aspect of democracy and to limit this type of individual or corporate loan. It would be extremely unfair if this could happen. It is thus extremely important that we take action, that we support these measures and that we limit financiers' influence on politics.

As we know, there are groups that may have really good ideas or policies, but they may not be able to provide a loan because of financial difficulties. It is thus important to be able to level the playing field so that people cannot say that certain groups with more money will be listened to but it is tough luck for everyone else.

I am also calling on the government to assess the point that my colleague mentioned in her speech. Some financial institutions may be more inclined than others to give parties loans. This is a cause for concern. I understand that financial institutions are supposed to act in an impartial and non-partisan manner, but one never knows. I think that it is this government's duty to assess the issue in committee in order to determine if there is a way to prevent this phenomenon.

I would like to once again applaud the measures put forward. However, I would just like to point out the fact that it is somewhat contradictory to promote these measures that will improve transparency by trying to limit candidates' debt and yet, at the same time, be prepared to limit the amount of money that political parties receive for each vote.

I see that my time is up. We will certainly be able to get back to this issue later on, Mr. Speaker.

Political Loans Accountability ActGovernment Orders

September 28th, 2012 / 10:55 a.m.
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Conservative

The Acting Speaker Conservative Bruce Stanton

The hon. member for Terrebonne—Blainville will have two and a half minutes when the House resumes debate on this motion.

The House will now proceed to statements by members. The hon. member for Oshawa.