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

This bill is from the 39th Parliament, 2nd session, which ended in September 2008.

Sponsor

Peter Van Loan  Conservative

Status

Second reading (Senate), as of June 26, 2008
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

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.

Similar bills

C-21 (41st Parliament, 1st session) Political Loans Accountability Act
C-19 (40th Parliament, 3rd session) Political Loans Accountability Act
C-54 (39th Parliament, 1st session) An Act to amend the Canada Elections Act (accountability with respect to loans)

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.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-29s:

C-29 (2022) Law National Council for Reconciliation Act
C-29 (2021) Law Port of Montreal Operations Act, 2021
C-29 (2016) Law Budget Implementation Act, 2016, No. 2
C-29 (2014) Law Appropriation Act No. 1, 2014-15
C-29 (2011) Law Appropriation Act No. 3, 2011-12
C-29 (2010) Safeguarding Canadians' Personal Information Act

Votes

June 17, 2008 Passed That the Bill be now read a third time and do pass.
June 10, 2008 Passed That Bill C-29, An Act to amend the Canada Elections Act (accountability with respect to loans), as amended, be concurred in at report stage with further amendments.
June 10, 2008 Passed 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.”
June 10, 2008 Passed 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”
June 10, 2008 Passed That Bill C-29, in Clause 4, be amended by deleting lines 13 to 17 on page 2.

Canada Elections ActGovernment Orders

June 13th, 2008 / 10:50 a.m.

The Acting Speaker Derek Lee

Order, please. A little more order would assist all colleagues in getting through this debate.

Canada Elections ActGovernment Orders

June 13th, 2008 / 10:50 a.m.

Liberal

Bob Rae Liberal Toronto Centre, ON

Mr. Speaker, I want to deal with a couple of arguments that have been made.

My colleague from Winnipeg Centre just made a comment about the importance of using banks rather than individuals to make loans. I have no particular problem with that amendment to the act. It does not affect things one way or the other.

However, the one comment he made, which he needs to think about, is when he said that it would take big money out of politics, which means that anybody could gain access to the same amount of money. The hon. member needs to think realistically about what security banks will be asking for with respect to getting a loan and what that really means.

If the member is saying that this would take big money out, I would say that it does not. However, if the hon. member for Winnipeg Centre wants to take the money factor out of a leadership race entirely, the one way in which it can be done is to apply the philosophy in the Elections Act to leadership races, which is to say that there should be, as there is in the United States, public contributions for leadership races just as there are public contributions for our own campaigns at the national level.

Speaking, I hope, in a less partisan fashion at this moment, if I were to make a practical suggestion to the House, having gone through this race, and I do not say this with any sense of pride, having managed to get through a very extensive process of begging and pleading with friends and people who used to be friends and getting them to make contributions, there is one flaw in the legislation. When my friends in the Conservative Party, the New Democratic Party or the Bloc Québécois have a leadership race they will all have the same experience we did.

They will have to deal with the same circumstances and challenges as us. They will see that if a party wants to conduct a nation-wide campaign, if that party wants its campaign to reach every riding in this great land, that costs money. If the funds do not come from our families, from personal sources, and from contributors, and if they want a democratic campaign, then I believe there has to be more public funding for leadership races, just like there is for political parties.

With all due respect, I wanted to focus on two points about this change. The first is that it is not fair to change the rules in the middle of the game. That is not fair. They can do it, and they have even done it twice now, but it is not fair, and I have to say that. This is an example of injustice toward a political party. If they want to punish a political party, they can. But if they start playing that kind of game, it could have some negative consequences.

The second point I really want to make is about an important reform that has not been proposed in this bill: public funding. I am not talking about full funding, but a contribution from the public for leadership campaigns. I hope that will be in place before the next Bloc Québécois, NDP or Conservative Party leadership race because I think it is important for the Canadian democratic process.

That is all I have to say, and I appreciate the opportunity to take part in this debate.

Canada Elections ActGovernment Orders

June 13th, 2008 / 10:50 a.m.

Conservative

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

Mr. Speaker, I thank the hon. member for Toronto Centre for a very informative speech. It is the kind of speech I myself would have given if I were looking forward to contesting a leadership race in the next year or so and was going to rely upon a large amount of donated cash.

I want to talk about a couple of things. One is the idea that Jean Chrétien was being fair and thoughtful when he put forward this finance legislation. We should be clear about what was going on. The legislation that was put forward would have gone into effect, although the Chief Electoral Officer had some discretion on it, on December 31, 2003. Any race that might be underway could be declared to go before or after. The Chief Electoral Officer chose to cause the old financing rules with unlimited donations and unlimited spending to apply.

That was not done out of fairness. That was done to ensure the member for Newmarket—Aurora, who at that point was running for the leadership of the Conservative Party, would have a huge advantage over the current Prime Minister in that leadership race. It was a complete abuse of process and no one should misunderstand what was going on on that occasion.

With regard to the fairness of the underlying system, there was nothing fair about the process that Jean Chrétien proposed of providing public financing on a sliding scale based on how many votes one got in the previous election, thereby locking in the advantage of the governing party; $1.75 per year to each party per vote it received in the previous election. Regardless of how voters might feel in the future, there is nothing fair about that. It locks in an incumbent's advantage. The longer the next Parliament lasts, the bigger the advantage adds up to be and the larger the number of votes a party has the bigger the advantage.

What was fair about that as compared to what Ed Broadbent proposed where one would have the ability to indicate where one's particular subsidy would go based upon one's ongoing preferences? That was a much fairer suggestion which was shot down by the Liberals at that time.

Similarly, the rebate of 60% of expenses to candidates, rewards those who are able to spend more. What is fair about that? What about this does not have the effect of benefiting those who have the most to spend and the most ability to borrow?

Canada Elections ActGovernment Orders

June 13th, 2008 / 10:55 a.m.

Liberal

Derek Lee Liberal Scarborough—Rouge River, ON

Mr. Speaker, I rise on a point of order. Now that the hon. member has completed his comments, I just want to say that we were admonished in the House yesterday for straying beyond the scope of this third reading of Bill C-29. We were admonished in part because of two or three points of order from the parliamentary secretary. I am suggesting that the comments here go way outside of the contents of the bill we are now debating at third reading.

I am just asking that the government members subscribe to the same rules that their member urged upon the House yesterday.

Canada Elections ActGovernment Orders

June 13th, 2008 / 10:55 a.m.

The Speaker Peter Milliken

I thank the hon. member for Scarborough—Rouge River but I think the hon. member for Toronto Centre is ready to make a response, in any event, to the comments so I will call upon him at this point to make his response.

Canada Elections ActGovernment Orders

June 13th, 2008 / 10:55 a.m.

Liberal

Bob Rae Liberal Toronto Centre, ON

Mr. Speaker, I appreciate the comments from my friend from Lanark—Frontenac—Lennox and Addington.

If we were to go back to the Camp report, we would find the basis upon which the two principles that were applied to the Liberal legislation were there. That is the first one was with respect to using the last election as the basis upon which to document the public contributions because it is an objective basis. It is a basis of what the support was in an election, a democratic contest in which people have expressed themselves. That is just the reality. Would there be another way of doing it? Yes, I suppose there would be but that is one objective criterion.

If we look at other countries in terms of how public funding is allocated, it is the same principle applied, which is that the level of public funding depends upon the level achieved in a democratic process. The same is true with respect to the contributions. None of these things are fixed for all time.

If the member opposite is saying that the government would like to look at those contributions and at the legislation overall, I would invite the government, instead of bringing in these little amendments here and there, which are designed to appeal to one party on the other side or not and give a temporary advantage, to put the subject matter of election financing in front of an all party committee and let us have an agreement that we will not see this as a partisan issue.

I really do not see this as a partisan issue nor do I see it as a personal issue. I have done my bit and I have no personal issues. I am not here out of any personal gripe. I am here because I think what has animated the government is a desire for temporary political advantage.

I do not know whether that has animated other governments in the past or not. I only know what I see and I think that is a very unhealthy feature. It is a perfect example of how not to reform the election financing process. The election financing process should be something in which all political parties can be seen to be participating and there is no particular advantage to one party or another. That is an approach that I would strongly advocate for now and certainly advocate for the future.

Canada Elections ActGovernment Orders

June 13th, 2008 / 11 a.m.

Liberal

Alan Tonks Liberal York South—Weston, ON

Mr. Speaker, I rise on a point of order. I would like to ask for unanimous consent for the following: “That, notwithstanding any Standing Order or usual practice of the House, at the end of debate on Bill C-474, standing in the name of the member for Don Valley West, all report stage motions be deemed adopted, the bill be deemed concurred in at report stage with further amendments, and be deemed read a third time and passed”.

Canada Elections ActGovernment Orders

June 13th, 2008 / 11 a.m.

The Speaker Peter Milliken

Is there unanimous consent?

Canada Elections ActGovernment Orders

June 13th, 2008 / 11 a.m.

Some hon. members

No.

The House resumed consideration of the motion that Bill C-29, An Act to amend the Canada Elections Act (accountability with respect to loans), be read the third time and passed.

Canada Elections ActGovernment Orders

June 13th, 2008 / 12:10 p.m.

Bloc

Mario Laframboise Bloc Argenteuil—Papineau—Mirabel, QC

Mr. Speaker, I am happy to speak to Bill C-29, An Act to amend the Canada Elections Act (accountability with respect to loans), especially since the Bloc Québécois is in favour of nearly the entire bill. We would have liked to make certain amendments, but they were not approved. I will mention them in my speech.

It is important to keep in mind that, ever since it arrived in this House, the Bloc Québécois has been fighting to put an end to corporate funding and limit individual contributions, as Quebec did 30 years ago.

Earlier, I listened as the Liberal member for Toronto Centre talked about his leadership race, the difficulty of getting funding, and so on. Quebec has had legislation in place for 30 years. In Quebec, political parties successfully hold leadership races, raise funds and run election campaigns, all without corporate funding or huge contributions from individuals

That is where the problem lies. With Bill C-2, An Act providing for conflict of interest rules, restrictions on election financing and measures respecting administrative transparency, oversight and accountability, the Conservative Party tried to correct the situation. The Conservatives were in a hurry. They had just been elected and had promised transparency and accountability legislation. We remember this bill.

We warned them at the time about their Bill C-2. And we were not alone. Democracy Watch, an organization made up of democracy experts, also pointed to problems in the bill. Obviously, among the problems are the famous loans. Even if individual contributions are limited to $1,100 a year, this is not an improvement if individuals can make loans to get around the law. That is very worrisome.

I will say it again. Earlier, I was listening to the speech by the Liberal member for Toronto Centre, a candidate in his party's leadership race, who told us it was unfair. Before it was reduced to $1,100 per individual, the contribution limit stood at $5,400 per individual and corporations were allowed a separate amount. He finds the bill to be unfair. However, he is one of the members who received a loan from an individual. His brother, among others, lent him $400,000. This is just as unfair as individuals being able to contribute $5,400 or $1,100 to a leadership or other campaign and getting around the limit by saying that the limit does not apply if the money is given as a loan.

That is what Bill C-29 seeks to remedy. In law, there is a principle that ignorance of the law is no excuse. However, there is also a principle that you cannot do indirectly what cannot be done directly. That is an argument we raised with the Conservative government with respect to its Bill C-2.

It is a good thing to adopt a limit of $1,100 for individuals and to prohibit corporations from contributing to election campaigns. That is perfect. It is similar to Quebec's law. However, we should not allow loans that would permit individuals to do indirectly what cannot be done directly. If the contribution limit is $1,100 per individual, tomorrow morning we cannot say to an individual that the limit does not apply, that he can lend hundreds of thousand of dollars and that it is not a problem if he makes it a loan. He could declare that it is a loan and that the means will be found to repay it.

Today, it is understandable that the Leader of the Opposition—the member for Saint-Laurent—Cartierville—and the member for Toronto Centre have not been able to repay the debts incurred to participate in the leadership race. Nor should Canadians be fooled. I know that the Chief Electoral Officer did not make public the agreement he had with the leadership candidates; however they have not yet repaid their debts.

I repeat, the hon. member for Toronto Centre said earlier that he has run in several provincial election campaigns and that he was a party leader in Ontario. He also said that anyone who runs in a leadership race will have funding problems.

Perhaps he had a problem. He was in the NDP and became a Liberal. I understand why many Liberal supporters might not have wanted to contribute to his election campaign. Perhaps he chose the wrong party. Only time will tell, but, during a leadership race and an election, the individuals involved must be reliable and obey the law. In other words, candidates must be able to raise enough money from enough supporters to campaign responsibly in an election, and the same goes for a leadership race.

It forces the people who want to become party leaders to expand their circle of supporters. If they are unable to bring in more supporters, they might as well stay at home. It is not complicated. It is as simple as that. If a leadership candidate estimates that it will cost $500,000, he or she needs 500 people to contribute $1,000 each. And any candidate who cannot do so does not deserve to run in the leadership race. That is it.

In my view, it only makes sense and shows respect for individuals, and it prevents one individual or group of individuals from being able to control a candidate in a leadership race or an election. It is only logical, simple and honest, and it also means that anyone can hope to enter politics one day. They must understand that, in order to run an election campaign, candidates must have people who trust them and they must be able to raise between $80,000 and $100,000. Thus, one must be able to raise funds, like I do and like all Bloc members do.

Indeed, we use public financing—spaghetti dinners and suppers, sugar shacks and so on—and some 100, 200 or 300 people come out and generously give us $20. That is how, over the years, we are able to raise funds. That is why Bloc Québécois members, like the Conservatives, are probably among those with the best backing. We also probably receive the most money from individual contributors, men and women who are thrilled to come to a Bloc Québécois fundraising activity and give $20, knowing that $7 or $8 will go towards funding, depending on the cost of the meal.

With these small amounts of money, we can raise funds for an election campaign. It is simple. I can understand that the Liberals and Conservatives are not used to that, since for them, it is clearly the “establishment”, only a few individuals, that has run the party. These people were able to make some very large contributions.

So I am not surprised. What surprises me most, is that the member for Toronto Centre, a former member of the Ontario NDP, was also collecting money from some individuals. He was not used to grassroots fundraising, which surprises me about a former NDP member.

In this House, surprises are not uncommon. Every day, the Conservatives bring us revelation after revelation. It is clear that the way the Conservatives wanted to govern is looking more and more like the way the Liberals were running things. I can see that the NDP had a way of running things that is similar to the Liberals' and the Conservatives' way. Regardless, that is the problem of the federalist parties in this House. It is not the problem of the Bloc Québécois, which is used to grassroots financing.

The members of the Bloc Québécois worked very hard to get Bill C-29 passed. Why? Because in Quebec, for 30 years, grassroots fundraising has dominated, since René Lévesque, the leader of the Parti Québécois, implemented election legislation that prevents lobbyists from controlling politics. This legislation completely changed politics in Quebec. It ensures that politics must be supported by fundraising among the public.

If an individual is not able to get funding to run a campaign from the largest possible number of individual men and women, he or she does not deserve to be in power. That is what I would tell the Liberals, in particular the member for Toronto Centre, who was offended that the amount for individual contributions was reduced in the middle of the race. Except that, thanks to the $400,000 loan he received from his brother, he did not need funding.

He needs it now, because he had 18 months to repay his debt. He was counting on the $5,400 per person that he was allowed to collect. But along the way, the $5,400 became $1,100.

I can understand that it is hard for him to find Liberal supporters to pay off his campaign debt, because he is not a real Liberal.

In some ways, it is disappointing that not everyone in this House realizes that politics should be open to every man and woman, to every citizen. It is not a matter of money, friends or anything like that. It takes someone who is able to express their ideas and defend them, someone that many people around them or in their party are able to trust.

That is how we should run elections and that is how the Bloc Québécois does it. We convince hundreds and thousands of people to become members of our organization and to make donations to enable us to run election campaigns based on defending the values and interests of Quebec. That is why, once again, as in election to election since 1993, our party has the most representatives from Quebec in this House. It is precisely because we are always in contact with the public, with the people we represent. We call on them for financing and it takes a great number of supporters, people who can trust us, to build up the money for our election campaigns.

The other parties will probably have to follow our example. Quebec is often a model of innovation for the rest of Canada, as hon. members know. One such innovation came from René Lévesque and was included in the electoral legislation that he was responsible for over 30 years ago. It bans corporate donations and limits individual donations.

This bill is the logical next step to what we sovereignists in Quebec defend. In politics, we have to be able to convince as many people as possible. The best way to do so is to limit individual contributions. We cannot allow a dozen or so people to give us $10,000 each to enable us to run an election campaign. We have to broaden our network.

When the Conservatives passed Bill C-2, we told them that, if individuals may not invest more than $1,100 in an election campaign annually, we absolutely cannot allow them to do so indirectly by handing out loans. That is why the Conservatives have amended that in Bill C-29. We cannot prohibit people from making donations greater than $1,100, while allowing them to lend as much money as they want and saying this is just fine. This bill corrects that.

We demanded—and we obtained this amendment at second reading of Bill C-29—that political parties not be liable for their candidates' debts. Obviously, be it an election campaign, a leadership race or a personal election campaign, it is not right that a political party be held responsible for debts that a candidate may have contracted with banks or otherwise and not from individuals.

The Conservatives decided to reverse course, with the NDP's support. That is why I find it difficult to understand the NDP. It sees itself as a grassroots party but has, I believe, a hard time fundraising. This party now has the Conservatives' support to withdraw the amendment that we presented. That means that henceforth a political party would be responsible for its candidates' debts to financial institutions, if ever they were not paid back.

Once again, when people run as candidates, they must be able to prove that they can find sufficient support. Therefore, it is normal that if a candidate borrows from a financial institution to fund an election campaign, that candidate is responsible because it is their election campaign. Under this bill, parties would be required to cover any unpaid debts.

This means that the people who run as candidates might not necessarily be the best. They would not need popular support. They would not need to fundraise to reimburse their debts. Inevitably, they would only have to run as candidates, knowing full well that if they do not raise enough money, the party will pay off their debt.

I will say it again: the Bloc Québécois was against this position. That is why we proposed amendments. It is difficult to understand why the Conservatives did not agree to them. Perhaps they also have trouble with grassroots fundraising in individual ridings. They are better at collecting money as the party in power. We see it with the Couillard affair in Quebec, the Kevlar situation concerning land in Quebec City that Ms. Couillard apparently pushed for. Basically, we can understand that much of the money going into the coffers comes from the way in which the Conservatives engage in politics, which means that they probably have difficulty with grassroots fundraising.

Of course, that is not the Bloc Québécois' case. We are proud to say that every day, we rise in this House to defend the interests and values of Quebeckers. We do not need to be in power to do that. Citizens are the ones who give us real power. The only power we should be able to accept is the power entrusted to us by the people. The people can take it away whenever they want because it does not belong to us. The people lend us power, and we are here every day to stand up for the people.

I have a hard time every time I see a Quebec Conservative rise and say something that is not in line with the interests and values of Quebeckers. That is what has been happening with the EDC file. The Minister of Labour and Minister of the Economic Development Agency of Canada for the Regions of Quebec, the minister responsible for the Saguenay—Lac-Saint-Jean region, typically takes a stance that opposes what was passed unanimously. It gets even worse. Quebec's minister of regional development, Mr. Bachand, is engaged in an open war with the Minister of Labour because at some point, the latter decided that he no longer respected the Quebec consensus on economic development.

Quebec's non-profit organizations are our way of diversifying our economy and giving certain responsibilities to non-political organizations that exist not to engage in politics, but to work on community development, to make decisions about what kinds of businesses and economic interventions are needed in each region. The Minister of Labour and Minister of the Economic Development Agency of Canada for the Regions of Quebec decided that the government would no longer fund these organizations, would no longer help them. He decided that he would make direct payments instead.

That is very hard to accept. I can see how he might have trouble getting grassroots funding from the people after taking such a position in the House. All of the other Conservative members from Quebec support him. This kind of policy is contrary to the values and interests of Quebeckers. I can see that they are getting more and more out of touch. Raising funds is getting harder and harder for them. Nevertheless, the law must not permit impunity.

Once again, we had hoped that the Conservatives would understand that it is not up to the party to repay a debt incurred by a candidate. Especially since the party now receives $2 per voter, which means that the candidate's debt will be paid by our citizens because that $2 contribution to the political party comes from the government. It would be taxpayers' money repaying candidates' debts.

The Bloc Québécois would never have accepted such a situation. We would never have allowed taxpayers' money to repay an election debt. That is what the Conservative Party has done with the help of the NDP. I have a great deal of difficulty with this, especially coming from the NDP, which calls itself the champion of the people and of the people's interests.

I have a great deal of difficulty with the idea of allowing taxes—through a $2 per taxpayer contribution to political parties—to be used to repay a candidate's debt. The candidate would no longer have to fundraise because he or she would think, “If I ever go into debt, then the party will automatically pay it back out of the money provided by the government.” I have a great deal of difficulty understanding that. But, once again, it is typical of the NDP to signal that they are turning left and then turn right. They always do that. I see that they decided to turn right with the Conservatives. They will have to suffer the consequences and live with that decision in the next election.

Obviously, we will support Bill C-29. We wanted our amendment—that would not permit a candidate's debt to be repaid by the party, given that the contribution of $2 per voter is paid by the government—to be adopted. We would have liked that amendment to pass. However, once again, the Conservatives and the NDP decided to oppose it. As for the Bloc Québécois, we will always respect the interests of Quebeckers.

Canada Elections ActGovernment Orders

June 13th, 2008 / 12:30 p.m.

Liberal

Borys Wrzesnewskyj Liberal Etobicoke Centre, ON

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

Over the last number of years since 2003, we have seen a series of pieces of legislation and amendments to legislation dealing with the whole issue of election funding and financing. These pieces of legislation have attempted to provide transparency in our electoral process and prevent undue influence. Those are the two component parts.

Both parts are extremely important. Not only should the democratic process be transparent, but it also has to be a process that does not allow undue influence.

I wish to clarify where the differentiation is between those two elements. For instance, we have been watching the presidential electoral process in the United States. We have heard that this process is going to be the first billion dollar presidential election.

There are many pieces of legislation and many regulations that deal with the issue of transparency, but when the people of the United States, along with many people in other countries who look to the democracies with hope, see a system that appears to be almost a “dollarocracy”, it is worrisome.

Thus, it is quite important that these pieces of legislation which we have been enacting address both of those issues so that they in fact strengthen our Canadian democracy.

Are undue influence and lack of transparency an issue, or have they been an issue, here in Canada? I would have liked to believe that these sorts of things would not happen in Canada, but in fact just this past winter and spring we saw the spectacle of the unfortunate Schreiber-Mulroney relationship.

One of the aspects that perhaps was not given enough attention was a former leadership convention, which provided Mr. Schreiber, because of a lack of transparency, with the opportunity to influence an historic outcome for this country. Offshore moneys were used to influence the outcome of a leadership campaign in one of Canada's major parties.

Quite clearly, that one example demonstrates that we need to have a transparent process. In fact, we could use another example that is a little closer in time, because at this point neither Mr. Clark nor Mr. Mulroney are in this House. They no longer occupy the political positions of power that they have in the past. However, in 2002, the current Prime Minister underwent a leadership process that was not transparent.

I would like to believe that there was no undue influence. I believe that all of us want to assume and believe that, but now, with the example of Mulroney and Schreiber, as I have said, we see that these things have happened in the past.

It begs the question of why the Prime Minister would not want to address that particular issue. I know he is not required to by law, but there is the very fact that he does not wish to come clean.

There is a higher standard that we expect of our elected officials. To have responsible government, we must have confidence in our ministers and especially in our Prime Minister, our first minister. Quite clearly, it is necessary to have laws that provide this sort of transparency.

Then there is the whole issue of undue influence. As we know, electoral processes culminate with election day when collectively we as a people gather, travel to the vote locations and cast our ballots. At the end of the day and the end of the process, the people have decided.

People decide, based upon a campaign during which they have had the opportunity to listen and to examine party platforms, whether a party leader inspires with a vision for the future and whether locally the candidates speak to the hopes, dreams and principles upon which the local communities are built and believe in.

However, we know that to communicate one's vision is not an inexpensive process. There is a cost to communicating with the public and if we are unable to communicate with the public then we undermine the democratic process.

We need the money and the resources to get out there, to meet with people and to give people a sense of who we are, where we stand as a party and where the leader wishes to take the country.

It would be tremendously unfortunate if single individuals or corporations had the ability, through donations or loans, to influence potential candidates or parties because of their ability to provide large sums of money for their campaigns. Therefore, I think there is a clear case of why we need this sort of legislation, and Canada seems to be at the forefront. It is encouraging that we have been working on this process.

However, we now need to ask whether this most recent legislation addresses those issues. Have we perhaps gone a step too far, to the point where it acts as a brake on our democratic processes, prevents individuals from putting themselves forward as candidates or as leadership candidates or prevents people who perhaps have a point of view that better fits with one of the smaller parties, such as the Green Party or other parties that are out there?

Does the legislation act in a way that is conducive to the democratic process or are we at the point where, inadvertently, or perhaps, as some would say cynically, advertently, we have begun undermining the very process?

Let us take a look at what, in this legislation, are some of the unintended consequences may be.

We are in an era right now of minority governments and, although politics are unpredictable, we can assume that over the next period of time we may be in a situation of minority governments.

When it comes to actual fundraising, we do not necessarily face a campaign every four years, providing enough time to raise, whether it is locally, the $70,000 approximately that is required for a campaign, we have a series of sequential elections in much shorter timeframes.

With a limit of $1,100 per donation, it has made it incredibly difficult for many people to step forward as candidates. For many people it has now become a barrier that prevents them from putting themselves forward. There is the question of whether $1,100 is the barrier that we should put in place or should it be $2,500, especially when it comes to leadership campaigns. It is difficult to make the argument that $1,100 is the perfect amount.

We are in a world of minority governments. We have set the barrier very high with this very low limit of $1,100, so we have forced candidates into the situation of having to go out and look for loans. This legislation proposes to put limits on where and how one could go about doing this. Unfortunately, it has a series of unintended consequences that are corrosive to the democratic process.

Each one of us here have a group of volunteers in our riding associations, tremendous people who believe in their candidates, their parties, their platforms and want to be part of the process. This legislation would entail a requirement that they provide loan guarantees to banks for loans that are necessary for election campaigns.

Many of these volunteers are not people of modest means. They are people of conviction. It would be a terrible situation if we limited the ability, not just of candidates, but the ability of people to engage in a formal manner in political parties unless they were people of modest means and willing to take on this sort of guarantee risk with financial institutions.

Probably some of the most wonderful volunteers over the years with whom I have dealt were not people of modest means but they were people of principle and character. These are the people this type of legislation would now prevent from taking part in the process. We have almost come full circle.

By wanting to ensure that big money would not have undue influence so the average Canadian, a person of conviction, could take part in the process, we are now preventing those individuals from taking part in the process. We then take the unfortunate step of saying that it is only big money, the banks, that can provide the financial loans for electoral campaigns. That is truly an undesirable consequence.

I heard my NDP colleague from Winnipeg Centre state that, from a position of principle, he supports this because it would prevent unions from providing loans, just as it would prevent corporations. It is to be lauded that he approaches this with that mind frame. However, the legislation would prevent unions and most corporations from providing loans but not banks. I am sure many members in this House have over the years been lobbied by unions. As he stated, it is an uncomfortable situation because if a union has provided members with a loan then, at some point, as legislators they would need to sit through a union presentation on particular issues of interest.

Why would we want to provide banks, which lobby in very sophisticated ways and sometimes not very transparent ways, with that additional clout?

I can imagine how difficult it might be in certain ridings where there are not a lot of bank branches, especially some of our northern ridings where perhaps someone lives in one small particular community how it would feel for a candidate to have to go to the local bank branch manager and talk about a loan. If we truly intended to address the issue of undue influence of those who would provide loans, we would have spent a little more time, instead of trying to rush this legislation, thinking it through. Perhaps we need an arm's length body whose sole purpose would be to provide loans to campaigns and not not lobby members of Parliament. It would prevent undue influence.

I have just thrown that idea out and it is something we should perhaps look at in the future. However, as I have just referenced, this seems to have moved very quickly and not truly been thought through in a collective manner where all the parties sat down, discussed it and tried to go about this in a way in which we truly could have addressed the issues of transparency and undue influence.

Unfortunately, besides the inadvertent consequences, perhaps there were some cynical reasons for this legislation. It does not inspire confidence when we see some of the past tactics that have been used by the Conservative government when it comes to this whole issue of finance. I reference the disappointing situation of not being provided with open books on the 2002 leadership campaign of the current Prime Minister. It would be tremendous if he set an example but, unfortunately, that is not forthcoming. Therefore, we take it with a grain of salt when there is such tremendous interest to pass this legislation.

We also note that the Conservative Party truly is the party of big money now because its coffers are overflowing. We should note that the parties have the ability to provide loans to their various candidates. We often talk about democratic deficit in this House and how members of Parliament have been diminished in their role because of the strength of the central party apparatus, the so-called party backroom boys, and this has just provided another lever to ensuring there is limited independence of thought.

What we note here is that there are parties which virtually do not have an ability to provide that sort of financing. I mentioned the Green Party earlier. It does not have the same sort of resources and there are other parties, other points of view. I can imagine how difficult it would be for those particular candidates, from those parties, when it came time to get their executive together, to walk over to the local bank branch manager and to convince him or her that at some point in time they would have the ability to repay the loans required to run a $70,000 campaign.

There appears to be even more cynicism in this because we see and have heard on tape the Prime Minister reference how two high-powered backroom operators within the Conservative Party approached a potential candidate with financial considerations. It does not inspire confidence in this particular piece of legislation brought forward by a government whose party's head office potentially engages in those sorts of activities and a Prime Minister who is not willing to come forward with his own leadership campaign details.

Many have insinuated that big oil and gas perhaps provided financing for that particular campaign. I just cannot imagine why the Prime Minister would not want to put to rest those sorts of insinuations, a Prime Minister who talks about accountability so often would want to be transparent to set an example.

People say that was in the past and that these cannot be done retroactively. Of course, but he could also set an example, show true leadership, especially on these issues and especially in this era when we have heard of things that we could never have imagined half a year ago. Once again, I would like to reference how Mr. Mulroney's relationship with Mr. Schreiber and the leadership convention undermined our electoral processes here in the country.

In conclusion, there are tremendously negative and corrosive inadvertent consequences to this particular piece of legislation and it does the exact opposite of its stated intention.

Canada Elections ActGovernment Orders

June 13th, 2008 / 12:50 p.m.

Liberal

John Maloney Liberal Welland, ON

Mr. Speaker, the hon. member referenced the current Prime Minister's leadership campaign expenses. Although he is aware that it was not legally required at the time, and although he has been asked many times to disclose those expenses and donations, he has declined to do so.

With suggestions of rumours and innuendo he might wish to clear that up and also show leadership in the spirit of this current legislation. Could the member offer any reason why he would not want to comply with the recommendation that he provide public transparency and show his expenses and donations?

Canada Elections ActGovernment Orders

June 13th, 2008 / 12:55 p.m.

Liberal

Borys Wrzesnewskyj Liberal Etobicoke Centre, ON

Mr. Speaker, it is puzzling, but more than just puzzling, it is disturbing.

As I already mentioned, the public expects a higher standard of its elected officials, of its public servants, and the terminology is public servant. We are here to serve the public. That is why the very process that brought us here should be transparent.

Mr. Schreiber, a lobbyist for an arms company, did not just attempt to influence, but he actually did have an influence on the final outcome of the leadership of a party. It makes the case that the Prime Minister should be the one setting the standard, and the standard that we expect is higher of our first minister, among all ministers, especially in the recent situation of scandal after scandal. We would all hate to assume the worst.

We would hate to think that big oil and gas could have influenced a leadership campaign, could have influenced a decision to get rid of the Kyoto accord. I do not want to assume that, but the only way we could clarify that situation would be for the Prime Minister to come clean. Why has he not?

It is absolutely perplexing for all of us in the know. Unfortunately, Canadians do not know. The Prime Minister has every intention of keeping Canadians in the dark so that they will not know.

I would like to believe that our democratic processes, our policies, our legislation, are not being undermined due to undue influence by the corrosive influence of big money. The only way to address this would be for the current sitting Prime Minister to come clean. He has been asked many times and people will continue to have questions. There is only one way he can address these questions. He could rise to the occasion and open up the books. If he does not do that, those questions will linger.

Canada Elections ActGovernment Orders

June 13th, 2008 / 12:55 p.m.

Liberal

Derek Lee Liberal Scarborough—Rouge River, ON

Mr. Speaker, we all accept the principle of transparency here and to the extent that this legislation imposes or extends it. That is fine. Does my colleague not think that the measures imposed with the additional prohibitions would potentially straitjacket the political process? Is there some chance that, in the government's fear of the Liberal Party of Canada, it has approached this legislation in a way that would restrict legitimate, registered, political parties in Canada who have not managed to elect members to the House yet? There are approximately half a dozen parties I am referring to. Does my colleague think these restrictions are totally unnecessary and arguably unfair, and maybe unconstitutional, simply because the Conservatives have been blinded by either their dislike or their fear of the Liberal Party?