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

December 8th, 2011 / 4:45 p.m.
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NDP

David Christopherson NDP Hamilton Centre, ON

Madam Speaker, I thank the minister for staying, listening to my remarks and asking a question.

I am disappointed to hear that answer. What I heard was a defence of the bill. That is not the attitude we are looking for.

I was doing, for a moment, the kind of work that we do at the committee where we deal with these laws. I see my colleague has been working on a couple of the pieces of legislation and projects now for two or more years.

I enjoy working with the hon. member. He is very tough, but he is very fair. He is an hon. member and a good parliamentarian. However, when I give an answer like I did on the floor just now, I expect a response that says, “Well, I hear you on that. Is there a way we could tie it all in?” I may not have a perfect answer right now, but if I had all the perfect answers, I would not be here. I would be somewhere else.

Collectively, we can tie it all in. I am just disappointed the minister was being so dismissive. If the smart minds who want to work together rather than score political points on each other would turn their minds to that, we could find a way to solve our problem.

I hope the minister does not become so entrenched with, “It is my bill. It has to be my way or no way.” That does not get us anywhere. I really think there is an opportunity here, in talking about election laws, to come up with rules that are fair for everyone.

I was trying to suggest to the minister how we could approach that. I was disappointed in his response. I hope he will get back on his feet and indicate that that is not how he sees any kind of potential dialogue going on. I hope he will be a little more open-minded.

Political Loans Accountability ActGovernment Orders

December 8th, 2011 / 4:50 p.m.
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Liberal

Stéphane Dion Liberal Saint-Laurent—Cartierville, QC

Madam Speaker, I want to tell my colleague that I agree with 95% of what he said.

I am puzzled by his conclusion, when he said that he has caveats with the bill. In fact, he is strongly questioning the core of the bill. For instance, he said that we should not give the financial institutions this kind of extraordinary power to pressure politicians and parties, but that is exactly the purpose of the bill.

The bill stipulates that citizens will not be allowed to give any loans, but financial institutions will. Why does he want to give this monopoly of power to financial institutions, big money in some ways, and ask them to have a political role they do not want?

Is it because the NDP is no longer socialist but social democrat? I expect the NDP will vote against this bill.

Political Loans Accountability ActGovernment Orders

December 8th, 2011 / 4:50 p.m.
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NDP

David Christopherson NDP Hamilton Centre, ON

Madam Speaker, the first thing I would say is that if my colleague wants to have that much influence on the NDP caucus, we could find him a seat here. Then he would be welcome to attend meetings.

I do appreciate and respect that the hon. member has said he supports 95% of what I said. That is a good start. However, if the member wants to ratchet things up a little, I am game for that.

The fact of the matter is we do need change. The Liberals are more interested in leaving things the way they are because that has worked so well for them over the years. They have lots of rich friends who can bankroll their buddies. The reason we even have this bill in the first place is that in their leadership campaign, there is an issue of hundreds of thousands of dollars that have not been paid back. We in the NDP do not accept that.

Political Loans Accountability ActGovernment Orders

December 8th, 2011 / 4:50 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

Madam Speaker, it is always a pleasure to listen to comments from my colleague from Hamilton Centre.

I have to reciprocate. Not that this was supposed to turn into a lovefest here, but I do appreciate the work that the member for Hamilton Centre has produced at committee. In discussions, we are not always on the same page. We end up, from time to time, agreeing to disagree. I do believe that the member has the best interests of this bill at heart when he says that he believes there should be some changes.

I do not think I am going to end up agreeing with him on some of those points, but I do want to make a comment and ask the member to comment on one of the points he made that did not directly deal with Bill C-21.

The member talked about the need for public subsidies, public financing of political parties. I believe that we do not need that. We have so many other avenues through which the public can receive benefit. For example, as we all know, anyone who contributes $400 gets a 75% tax credit. There are also rebates to political parties and candidates.

I believe one of the fundamental aspects of democracy is, if people are running for political office, they should find support from like-minded people who wish to provide financing because they believe in the candidates and the democratic process.

I would ask my colleague to comment on that, please.

Political Loans Accountability ActGovernment Orders

December 8th, 2011 / 4:55 p.m.
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NDP

David Christopherson NDP Hamilton Centre, ON

Madam Speaker, I would answer the member this way. If the government was all that concerned about not wanting tax subsidies to go in, why did it not go after the other tax credit part? Why did it not go all the purist way? Why? Because if we look at the numbers, I believe, and I stand to be corrected, it got more money back from that than it did from the subsidies and what it got back was more than all of our subsidies combined.

Conservatives want to have subsidies as long as they works for them. What they do not want to do is leave subsidies in place that help all democratic parties. They do not want to be that democratic.

Political Loans Accountability ActGovernment Orders

December 8th, 2011 / 4:55 p.m.
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NDP

Philip Toone NDP Gaspésie—Îles-de-la-Madeleine, QC

Madam Speaker, I would like to thank the hon. member for his presentation. I thought it was very interesting.

The bill is interesting even though it has some shortcomings. Today, it seems that the government is focusing on opening the door to major corporations so that they can have a rather considerable weight in the democratic process.

Clearly, we have to change the way representation can be done in our country. I am intrigued by what my colleague said in his presentation. He said that we should give some serious thought to the demographic issues raised in the bill. For example, women in Canada are disadvantaged if we compare their situation to that of men. Could he expand on how we could improve the participation of women and change this bill to make more room for women?

Political Loans Accountability ActGovernment Orders

December 8th, 2011 / 4:55 p.m.
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NDP

David Christopherson NDP Hamilton Centre, ON

Madam Speaker, my macro answer is this. Bring in proportional representation and we could correct a whole lot of problems that exist in our democracy right now. That is the cornerstone of where we ultimately think we need to go.

We know the other two parties do not agree, but proportional representation would do more to advance the interests of true democracy, to have every vote really matter, to have the voices and opinions that exist in our country reflected in the House, to have more women, more aboriginal members, more minority groups, more disabled groups. There are all kinds of people who are either not represented here or not represented sufficiently. Proportional representation is the answer to that.

I suspect this bill will not take us far enough to do that, which is why whatever we do to the bill, it has to be in the context of recognizing proportional representation and getting rid of the other place. These are the kinds of things that will bring real democratic reform to Canada and to the House of Commons. Those are the things that we will push when we get over there.

Political Loans Accountability ActGovernment Orders

December 8th, 2011 / 4:55 p.m.
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Liberal

Stéphane Dion Liberal Saint-Laurent—Cartierville, QC

Madam Speaker, although the Liberal opposition agrees with a number of the aspects of Bill C-21—I am going to repeat my sentence from the beginning because the minister was not listening.

Although the Liberal opposition agrees with a number of the aspects of Bill C-21 to amend the Canada Elections Act in terms of accountability with respect to political loans, we cannot support the bill in its present form because it contains a major defect. It gives financial institutions exclusive political authority that they should not have, that they do not want, and that will have the effect of discriminating against a large number of people, especially women. I first want to highlight the aspects we support, then the ones we do not support, before I propose a constructive amendment.

We support any legislative measure that seeks to ban the hidden power of money in politics. We also support any legislative measure that provides greater fairness and greater transparency in making loans for political purposes.

The Liberal Party strongly supports efforts to increase fairness, transparency and accountability in the electoral process. After all, we are the party that initially passed legislation limiting the role of corporations and unions in electoral financing and lowered contribution limits.

No loans should be made in secret and Canadians should not be kept in the dark. This is why under current legislation the details of all loans, including amounts and names of lenders and guarantors, must already be disclosed publicly.

We agree that all loans to political entities, including mandatory disclosure of terms and the identity of all lenders and loan guarantors, must be uniform and transparent. These rules should encompass loans, guarantees and suretyships with respect to registered parties, registered associations, candidates, leadership contestants and nomination contestants.

Thus we agree that financial reporting should be as transparent as possible, which is why we support clauses 5, 11, 25 and 32, which require disclosure of information regarding loan amounts, interest rates, lenders and dates of repayment.

However, we also favour transparent rules that guarantee the right and ability of all Canadians to run for office. It is a fundamental principle of democracy that all Canadians of voting age must have the opportunity to run for office.

In consequence, financial institutions should not be put in the position to decide who can run for office. Yet the bill would give financial institutions too much power to decide who would receive political loans, a power that would expose them to accusations of politicization and discrimination, real or perceived. Making banks the sole lending authority under clause 7 could potentially limit participation in federal politics to only those who would be able to gain credit from a financial institution, as defined under the Bank Act.

It would be a serious mistake to limit to financial institutions alone the ability to make loans beyond the annual contribution limit for individuals.

It would be a mistake to enable these companies to play a political role in deciding who would receive loans and the ability to marginalize certain applicants who did not fit particular criteria, or to discriminate against them.

Bill C-21 gives financial institutions a monopoly on decision-making that is completely contrary to the democratic values and principles of Canadians who do not want access to public services to be linked to a prospective candidate's financial status.

There is a fundamental difference between asking for donations or loans from people by appealing to their sympathy for the ideas or the qualities of a prospective candidate and lining up at a counter in a bank where strictly commercial lending policies are applied. You do not buy your way into a life of public service in the same way that you buy a washing machine or a snowmobile. We must not give Canada's financial institutions a political weight that they should not have and that they do not want, an unprecedented role that is dangerous on several levels. The role is dangerous for the institutions themselves. They are at risk of being accused of political favouritism or of discrimination in one direction or in another, either by turning a candidate down for a loan, or by approving one. They are damned if they do and damned if they don't, as the saying goes.

That is indeed a risk that financial institutions cannot allow themselves to take in these troubled times, when the financial sector is under the glare of the media and the scrutiny of citizens and a whole host of political and socio-economic groups. The reputation, independence and freedom of action of these financial institutions are essential to the proper functioning of our economy, our society and our democracy. The exclusive power that Bill C-21 grants them thus presents a twofold problem, a problem of perception and a real risk, the danger of politicizing our financial institutions and a risk of discrimination involving these loans.

Let us for a moment look at the criteria the banks would use to determine which candidates they would or would not lend money to. They could use a purely financial criterion based on the personal solvency of the candidates, which would favour the rich to the detriment of everyone else; or they could do a risk assessment based on the political probability that the candidate would obtain sufficient support, which would translate into a sufficient number of yearly contributions of less than a $1,000 in order to reimburse the loan. What this means is that we are asking financial institutions to make political judgments. Those institutions could even assess the probability of the candidate getting elected, and see that outcome as increasing his or her solvency. With all of this, we would be politicizing our financial institutions.

Let us now look at the problem of discrimination.

The bill would disadvantage lower income candidates who did not have the necessary credit history to receive loans. It would discriminate against people based on income and credit rating therefore favouring the rich and excluding many people from public service, notably many women, youth, newcomers and minorities in general.

Let me reiterate this. The lack of credit could potentially prevent not only low or middle-income Canadians, but also many women, aboriginal people and new immigrants from standing for office. The size of a wallet or bank account should not be an impediment to prospective candidates.

This is particularly worrisome as it applies to women.

This bill would disadvantage women candidates who had left the workforce for a period of time, resulting in a fluctuation of their financial status. The United Nations has stated that a critical mass of at least 30% women is needed in order for legislators around the world to produce public policy that represents women's concerns and for political institutions to begin changing the way they do business.

According to Equal Voice, Canada falls behind this standard. Despite enjoying economic prosperity and political stability, Canada has fewer women in Parliament than most of Europe and many other countries in the world. In Canada's Parliament, just about 24% of MPs are women. This places Canada 40th in the world on the Inter-Parliamentary Union, “List of Women in National Parliaments”. For Canada, 40th is not acceptable.

Further, Equal Voice notes that women encountered many barriers in seeking elected office at all levels, including lack of access to finances. This is the basic point. Restricting access to loans by financial institutions could disadvantage and create a new barrier to women entering politics.

This House should not do anything that would hinder women's success in politics. On the contrary, this House must do everything it can to promote women's successful participation in politics.

To conclude, the Liberal caucus strongly argues for full transparency and disclosure of political loans.

However, we are opposed to the idea of having financial institutions be the only ones that can grant loans in the political arena. That possibility must also be given to citizens, as long as transparency is made the hallmark of those loans. After all, it is much more legitimate for citizens than for banks to grant loans of a political nature, in keeping with their political convictions, and their confidence in the values or political credibility of a given candidate. We would be in favour of an amendment requiring that these individual loans only be granted at commercial interest rates.

I hope that this constructive proposal from the Liberal opposition will be well received by the government so that we can make our democracy more transparent and more open to everyone.

Political Loans Accountability ActGovernment Orders

December 8th, 2011 / 5:05 p.m.
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Edmonton—Sherwood Park Alberta

Conservative

Tim Uppal ConservativeMinister of State (Democratic Reform)

Madam Speaker, I look forward to working with the member on this bill and having further discussion.

The fact is it is not only banks, but it is other financial institutions as well. Not just that, it is friends, family, supporters, the average Canadian who has the ability to make donations or to lend money, or even to guarantee money within the contribution limits.

Does the hon. member not think it is important to get out and engage Canadians and ask for that support? As members of Parliament, or as candidates, or as political parties, is it not important that we tell Canadians what we are about, tell them about our platform and ask for that support? Should we not ask them to be a part of the campaign and to donate money? It does not have to be $1,100. It could be $200, or it could be $50. It is a matter of engaging Canadians and getting more of them to contribute to a member's campaign either in donations, or loans, or as a guarantee. Is it not important to engage with as many Canadians as possible and to get that financial support so they are more engaged?

Political Loans Accountability ActGovernment Orders

December 8th, 2011 / 5:10 p.m.
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Liberal

Stéphane Dion Liberal Saint-Laurent—Cartierville, QC

Madam Speaker, if the minister were to come in with a bill saying that the maximum is $1,000 for everybody, we would discuss whether it was reasonable or not, and I would not have a problem with ethics. I have a problem with ethics on moral grounds when he tells me it is okay for a bank, an insurance company, or whatever, to give more than $1,000, but it is not okay for a Canadian citizen. I do not understand what is the basic ground regarding the morality of the bill. I have a problem with that. My party has a problem with that.

If he were telling me that he does not want the amount to be more than $1,000, maybe I would argue that it is too low and that it should be $5,000 and we need to discuss it. However, he is telling me it is okay for a financial institution to give much more than that, but it is not okay for a Canadian citizen to do that. The problem is that a Canadian citizen has the right to have a political opinion, to have confidence in a candidate and to show it, while a bank is not supposed to have a political opinion.

I asked what the moral ground of the bill is. The minister did not answer. What would be the criteria for financial institutions to decide if a candidate were to receive money or not? Would it be that the bank sympathizes with the candidate's platform? What is it? It will politicize the banking institutions of this country and that is wrong.

Political Loans Accountability ActGovernment Orders

December 8th, 2011 / 5:10 p.m.
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NDP

David Christopherson NDP Hamilton Centre, ON

Madam Speaker, does the member for Saint-Laurent—Cartierville believe that the only changes necessary to funding leadership campaigns is more accountability? Does the member believe that we should still allow wealthy Canadians to totally bankroll someone's leadership campaign, thereby allowing the person possibly to go right from the street all the way to the Prime Minister's Office in one move?

I will be very curious to hear especially on the second question just what the member believes in terms of the health of our democracy with leaving that in place. Is the member saying that we should still allow wealthy Canadians to bankroll single-handedly leadership campaigns? I have not even made the point that under the existing regime hundreds of thousands of dollars of that money may never be paid back.

Political Loans Accountability ActGovernment Orders

December 8th, 2011 / 5:10 p.m.
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Liberal

Stéphane Dion Liberal Saint-Laurent—Cartierville, QC

Madam Speaker, the Liberal Party fully agrees with everything that would provide accountability and transparency. Where we have a fundamental disagreement is when there is a bill before us which says that the financial institutions will have a monopoly and that Canadian citizens will lose. This I do not understand.

If my colleague was saying that we should cap the loans to a certain amount of money and we should strengthen the rules with respect to the obligation to pay back the money, I would be in full agreement. I have no problem with what is in the bill on that.

However, when he says that it is okay for the financial institutions to do so but not for Canadian citizens, I do not understand on which moral ground he is saying that.

He should be the first one to say that he does not want the power of big money involved, but that is what will happen now. That kind of monopoly power will be given to these institutions with respect to who will vote, who will campaign, who will run and who will not run. It will be detrimental and discriminatory, especially for women.

Political Loans Accountability ActGovernment Orders

December 8th, 2011 / 5:15 p.m.
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Conservative

Harold Albrecht Conservative Kitchener—Conestoga, ON

Madam Speaker, it is important that we reflect on what got us to this point in the first place. The 2006 Liberal Party leadership race ended on December 3 and the leadership contestants had until May 3, 2008 to pay their debts. Most contestants were not able to repay their debts by May 2008, so an extension was granted. Then in 2011 another extension was given until December 2011.

How long does my colleague think this should be allowed to be perpetuated until there is no hope of possibly repaying?

Political Loans Accountability ActGovernment Orders

December 8th, 2011 / 5:15 p.m.
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Liberal

Stéphane Dion Liberal Saint-Laurent—Cartierville, QC

Madam Speaker, I want to say to my colleague that the Prime Minister decided to change the rules retroactively. When we started the leadership race, the amount of money allowed was $5,200 and we booked our budget accordingly. When he decreased it by $1,100, it was very difficult for all the candidates, including myself, to adapt to this retroactive rule.

I am proud to say that I will completely pay my debt as a matter of honour; it is very important for me to do so, but it has not been easy because we did not plan for a limit that would be only $1,100.

I want to add that my point with respect to this bill is not that I am against any limit. I am against a discriminatory situation that would give the financial institutions more power than Canadian citizens.

Political Loans Accountability ActGovernment Orders

December 8th, 2011 / 5:15 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

Madam Speaker, in my colleague's opinion, when does a loan turn into a contribution?

We have seen with a number of the Liberal Party leadership candidates that five years has gone by. There have been loans--purportedly they are loans--that have gone unpaid for five years. At what point does the member actually think they should be considered to be a contribution?

That is what we deal with in this bill. I would suggest to the House and my hon. colleague that by anyone's definition, five years is far too long to have an unpaid loan. It must be considered a contribution at that time. Does he not agree?