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 / 12:55 p.m.

Liberal

Borys Wrzesnewskyj Liberal Etobicoke Centre, ON

Mr. Speaker, it is quite clear to anyone who has listened to this debate that this, in fact, is the case, notwithstanding the name of the legislation or how it is preambled. The legislation deals with accountability with respect to loans.

We have heard members of the Conservative Party, the backbench members, refer often to the current Prime Minister's Office as the Kremlin. However, we never thought that they would go so far as to engage in doublespeak, and that is exactly what is taking place here.

The title, the preamble, speaks to something which is the exact opposite of what the outcome of the legislation would be. It would straitjacket. And it would not just straitjacket and prohibit individuals but, as the member pointed out, parties.

We would now have a limited spectrum of political debate in this country. Smaller parties would not have the capacity to jump through these hoops to provide them with the resources necessary to communicate their particular visions, whether we agree with them or not, or their particular platforms.

This is an issue of fundamental democracy. It is not just parties but, as I already referenced, individual members. Some of the best that we have in our country, some of the best among our people, are those who volunteer. They expend a tremendous amount of time volunteering their time for NGOs, but they also believe in democratic principles, the fundamentals of our country, and they want to have input in the process, and some of them take active interest; that is, they join executives.

This would dampen people's ability to do that because they would have to provide guarantees for loans from the bank. The candidates, potentially, and they would not want to do that I am sure, could walk away from these outstanding loans. Let us remember, we are in a situation of minority government, where we could have election after election, and these are not inexpensive processes. We would saddle well-meaning volunteers with loan guarantees to our big banks.

My goodness. Why would we give that sort of power to big banks, a corporate sector, and a very particular corporate sector? And why would we remove the little guy from being able to be part of the process?

If we take a look at the scales in this case, this particular piece of legislation has just given tremendous influence and weight to a portion of our corporate sector, the banking sector, and taken away the ability to influence the democratic process from individuals who are not people of modest means, and smaller parties who would like to have the opportunity to put their points of view across.

It is a terrible piece of legislation. It should not have been rushed through. It should have been thought through. I hate to have to say this, but it appears that this particular legislation is a cynical attempt to freeze in a particular advantage of one particular party at this point in time. It is a tremendous disservice to anyone who believes in a democratic process.

As has been stated over and over, the Liberal Party is against this piece of legislation. We will stand up for the small people in this country.

Canada Elections ActGovernment Orders

June 13th, 2008 / 1 p.m.

Liberal

David McGuinty Liberal Ottawa South, ON

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

There are aspects of the bill which I support. In fact, when it returned from committee, the bill had been amended in such a fashion that I might have been unable to support it at third reading. Unfortunately, the government, with the help of the NDP, undid three very sensible amendments which would have improved the bill. It remains a mystery to us why the NDP members would want to sidle up with the Reform Conservative movement in Canada today. I still think that they have to justify to their supporters and Canadians at large why they might undermine this progressive piece of legislation.

As a result of those amendments and the NDP support of the government, and for many reasons, I will not be able to give Bill C-29 my support on the vote at third reading.

The majority of the bill comes from recommendations in a report from the Chief Electoral Officer to the Standing Committee on Procedure and House Affairs. That, by the way, would be the same Chief Electoral Officer, a highly accomplished lifetime public servant whom the government derided because of its own legislation dealing with veiled voting. However, we will leave that for another debate.

In that report the Chief Electoral Officers found that when loans are given to a political candidate by a person who is not regularly in the business of lending money, it can be perceived by some as a means to influence the political process with money. The report made a series of recommendations to end this perception. All of us, I think, want to see that perception eliminated in Canadian society. We want to drive up trust in our democratic institutions and processes, not drive it down.

One such recommendation was to ensure that all loans granted to a candidate were signed at the going commercial lending rate. A second was to establish a limit on loans made by individuals that would be equal to their annual political contribution amount. If we look at the year 2007, for example, that amount was $1,100. These measures are contained in Bill C-29.

The bill will also ensure that corporations and unions are prevented from making loans to political candidates and parties, just as they have been prevented from making campaign contributions, a theme I will come back to in a moment.

Bill C-29 will ensure if an individual lends and donates money to any candidate that the sum total of his or her contributions and loans will count toward his or her maximum. For instance, a person will not be able to make a $1,000 loan and a $1,000 donation.

Yet another important recommendation made by the Chief Electoral Officer was that the information surrounding any loans be made public. Why? In order to mitigate the chances of a perceived conflict of interest, something that all of us as parliamentarians must fight against, again with the higher public interest in mind, that is, to drive up trust in democratic institutions and the democratic processes that bring us here.

According to the report, the information to be disclosed should include the identity of the lender, the interest rate, and a repayment schedule for the loan, over what period of time, how much, with a beginning, a middle and an end to the schedule. The reason it is important to disclose this type of information throughout a campaign is that after a vote, while the information may be telling, it comes too late to help a voter make an informed decision about which candidate he or she may choose to support or not.

I can support this measure in Bill C-29. It is the right thing to do.

In fact, for Canadians watching or reading Hansard at some point, let me take a moment to remind them it is the Liberal Party of Canada that was well ahead of the curve on this issue.

During the last Liberal leadership race, our leadership candidates went way above and beyond the call of duty to disclose this type of information. It is an excellent idea. I strongly believe that the other parties in the House should be brought under the same type and level of scrutiny that the Liberal Party of Canada has voluntarily adopted.

We have heard from numerous speakers this afternoon and throughout this debate specifically about the Prime Minister. It is revealing. It is more than interesting. It is not somewhat passing that the Prime Minister has not yet revealed the names of the people and organizations that contributed to his leadership campaign in 2002. Why? Why would a leadership candidate not want to reveal the people and organizations supporting, in this case, his leadership bid? This kind of secrecy is exactly what leads many Canadians to become distrustful of the political process.

Who exactly, they might ask, put the Prime Minister at the helm of the Conservative Party? Who? Who wrote the cheques? Which Conservative members? Was it the big oil companies? An objective Canadian might ask, is this why the Prime Minister continues to deny the existence of climate change? When faced with one of the greatest ecological threats of our time, in the wake of the loss of 2,500 of the highest paying jobs in the manufacturing sector in Canada, how does the Prime Minister respond? How does he respond to the climate change crisis facing the planet? With a talking oil stain that tells Canadians there is no point in trying to curb our greenhouse gas emissions.

It is actually encouraging. I encourage the Prime Minister and his party to pursue exactly those kinds of tactics. I encourage him to run those advertisements at every gas pump in every service station in the country. Why? Because Canadians would then see that the response to the climate change crisis by the Prime Minister is a cartoon character. I ask him to please go forward in that regard and continue to proliferate those kinds of race to the bottom tactics.

Was he funded, for example, by groups like Charles McVety's at the Canada Christian College, who was recently in Ottawa to help the government push through Bill C-10? That bill would give the Conservative government the right to censor Canadian films based on whatever they seem to find offensive.

Or is it the same Charles McVety who actually cybersquatted on over 40 MPs websites, including my own? Having seized it, he was confronted by me, and was shamed into actually transferring mine back to me and the others back to the other members from all sides of the House, all parties? Dr. McVety, whatever his doctorate might be in, was opposed to the notion of same sex civil marriage and he used cyber theft and cybersquatting as his modus operandi to achieve his objectives. Is this the group that funded the Prime Minister's leadership bid?

We should know those things. If either of these are the case, I believe that Canadians deserve an answer. They have a right to know. I encourage my colleagues on the Conservative side of the House to urge their leader to disclose those contributions as quickly as possible.

While they are at it, why do they not ask the Minister of National Defence which sole contributor paid off up to half a million dollars of his leadership debt. One cheque, one donor, the amount has never been disclosed. The Minister of National Defence has never come clean with Canadians.

It is no surprise that some of the measures we find in this bill are supported by the Conservatives.

Those are two examples and there may be more. That is exactly the kind of transparency the House should be seeking to increase, not decrease, to drive up trust in the democratic institutions and the processes that brought us here.

I understand that members in the Conservative Party are not allowed to question their leader or even to express their own ideas, failing which we see the kind of despicable content which has emerged in the last 48 hours from the Parliamentary Secretary to the President of the Treasury Board. On that note, we know the apology is not enough. It is not enough because it is not the first time.

This is about restoring the faith of Canadians in the democratic process. Over the past five years the Liberal Party has done tremendous work, I believe, to help restore faith. It was in 2003 that the previous Liberal government introduced the very first annual limits on individual contributions to a political party and to our candidates. In that same bill we also banned contributions from corporations and unions to political parties. That is progressive. Those changes stand today as the most significant ones that have been made to political financing at the federal level in decades. We went further.

In 2006 the maximum contribution amounts were lowered even further. They are now tied to the rate of inflation and in theory should rise slightly each year. I say “in theory” because we have yet to see if Canada's Minister of Finance will be able to steer the economy well enough to meet targeted inflation rates. Given his past behaviour at Queen's Park and his performance in the Ontario government, Canadians are of course deeply suspicious of an individual who increases provincial debt by $28 billion and leaves a $5.6 billion deficit in Canada's largest province.

Nevertheless, we did support lowering those maximums, which brings me to the part of my speech where I have to raise my concerns about this bill. There is a danger that sometimes we, as legislators, in our zeal to make things better, often make things worse through a variety of unintended consequences.

This bill, unfortunately, finds itself well across the line of what is needed in order to make things better. To their credit, the members from all sides of the House who studied the bill at committee stage tried to make the bill better. At least in this case it was not one of the six standing committees that have been filibustered, blocked, toyed with and brought into disrepute by the conduct of Conservative members, most recently of course in a number of standing committees with respect to their cheap and dishonest talk about carbon pricing.

The members who studied the bill did try to make the bill better. There were, however, three amendments made at committee which the government did not agree with and which were eliminated at report stage, again with the help of the NDP. It is a shame because it was widely recognized that these amendments would have improved the bill.

One such amendment has to do with who is liable for loans that go unpaid. The Bloc and the Liberal members of the Standing Committee on Procedure and House Affairs were concerned that the original wording of the bill could have made political parties responsible for loans that their candidates took without even knowing that their candidates had taken those loans. Let me give an example.

The local candidate takes out a $30,000 loan to finance his campaign. He does not inform the central Conservative Party that he is doing this. The central party, however, is now responsible for that loan should the candidate not win and declare bankruptcy. That is right; a political party would not have authorized the loan, would have had no knowledge of the loan, yet it would be required to assume liability for the loan if the candidate declared bankruptcy.

I do not think this is right. I actually do not even think it is legal, particularly when we consider that there are parties not represented in this House and for whom a $30,000 debt is an extremely high sum of money to be stuck with through no fault of their own. In short, this is not good for democracy. It does not give rise to the possibility of new political parties, for example.

That brings me to my last point. It is about who will be disenfranchised by Bill C-29. Every single politician cuts his or her teeth in politics by taking a chance and running for office. From a local councillor to a federal cabinet minister, we all start that way; everyone except, of course, for the Minister of Public Works, whom the Prime Minister appointed to the Senate and who, in his own words, did not feel like running for office.

I will admit that in mounting a campaign for office some people will have advantages. They might have a recognizable name or face because of their past activities. There is nothing wrong with that, but it does give them an early advantage in getting the early stage donations that are so crucial to a candidacy.

Others come to politics with a good amount of money in their bank accounts. That is neither a good thing nor a bad thing. Any political bodies should be represented by a broad spectrum of the citizens who vote them there. The advantage that these types of candidates will have, however, is that it will be far easier for them to secure loans from a financial institution to get their candidacy up and running. If they have a big house or other assets to use as collateral against a loan, the banks will be all too willing to give them that loan.

Banks and financial institutions, of course, are the only places where federal political candidates will be allowed to secure loans for over $1,100 if Bill C-29 passes. That would be for a nomination campaign, a leadership campaign or an election campaign.

Then there is a third type of politician, one who runs for office without a lot of face recognition and without the benefit of having much wealth tucked away. These politicians run because they want to make a difference. They believe their ideas can help to shape the national debate.

These are the candidates who would be disenfranchised by the bill. They do not have the face recognition needed to get a lot of early stage donations. They might not have the assets for a bank to give them a starter loan. In the case of a nomination battle for a riding, this could easily be the difference between launching a winning campaign and losing one.

What about family and friends? Why can family and friends not support early funding start-up for nomination battles? This is exactly what has happened, for example, in our IT sector, where so much of our IT success has come from individuals with robust ideas who have drawn from family, friends, contacts and neighbours to help start up with a positive idea. I draw a parallel here between both.

Canada Elections ActGovernment Orders

June 13th, 2008 / 1:15 p.m.

An hon. member

Keep Mulroney out of this.

Canada Elections ActGovernment Orders

June 13th, 2008 / 1:15 p.m.

Liberal

David McGuinty Liberal Ottawa South, ON

Essentially what this bill does--

Canada Elections ActGovernment Orders

June 13th, 2008 / 1:20 p.m.

The Acting Speaker Royal Galipeau

Order, please. I am sorry to interrupt the House. There are two minutes left under debate for the hon. member for Ottawa South. I see that there is much interest among members from all corners to ask questions. There will be some time for that. Please be patient.

The hon. member for Ottawa South has another two minutes.

Canada Elections ActGovernment Orders

June 13th, 2008 / 1:20 p.m.

Liberal

David McGuinty Liberal Ottawa South, ON

Mr. Speaker, essentially what the bill does is further empower those people who already have influence, the influence of some amount of fame and the influence of none. Worse, it will do so at the expense of those who have neither.

This is, of course, what I think the Prime Minister wants to happen. His long time adviser and confidant, Tom Flanagan, said as much in the Globe and Mail just two weeks ago. Let me quote from the editorial:

--there would be fewer candidates. Only well-known candidates would be able to get start-up capital from banks....

Therefore, the aim of the bill, which the NDP supports--and which I find outrageous--is to ensure that only well known candidates can run for federal office. Let us look at who will find it much harder to run for office should this bill pass.

Many groups have said that women looking to run in a nomination contest would find it harder. A single mother who works to provide her kids with a decent apartment and a hopeful future will not be a prime candidate to secure a bank loan. She does not own her home or even a fancy car with which to back the loan.

She has a desire to run for office to make a difference for her kids and for millions of other Canadian children like hers. Maybe she would not be able to win. Who knows? Getting elected is not easy. But if there is one thing we as the current legislators of this House should never, ever do, it is to give even more advantages to a wealthy, well-connected individual who is also seeking that nomination or seat.

That is why I cannot support the bill at third reading. The negative consequences of the bill outnumber the positives in such a stunning manner that I cannot see how any progressive-minded politician could support it.

Canada Elections ActGovernment Orders

June 13th, 2008 / 1:20 p.m.

Conservative

Ken Epp Conservative Edmonton—Sherwood Park, AB

Mr. Speaker, I have one very brief question. The member says he is against it. Is he actually going to show up and vote against it?

Canada Elections ActGovernment Orders

June 13th, 2008 / 1:20 p.m.

Liberal

David McGuinty Liberal Ottawa South, ON

Mr. Speaker, the question gives me a chance to again talk about some of the major reasons why this is a bad piece of legislation for the country, and although--

Canada Elections ActGovernment Orders

June 13th, 2008 / 1:20 p.m.

Some hon. members

Oh, oh!

Canada Elections ActGovernment Orders

June 13th, 2008 / 1:20 p.m.

The Acting Speaker Royal Galipeau

Questions and comments, the hon. member for Winnipeg Centre.

Canada Elections ActGovernment Orders

June 13th, 2008 / 1:20 p.m.

NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Speaker, in the little time that is left today, I want to say that we cannot allow another federal election under the current election financing rules, because the loans loophole that we seek to plug by this bill is big enough to drive a Mazda truck through.

That is what I heard earlier in this debate. That is a graphic illustration of how the current regime can be abused by those who would seek to abuse it.

I would ask my colleague another very simple question. When is a loan not a loan? I will help him with the answer. A loan is not loan if it never gets repaid. It ceases to be a loan and becomes a donation, and it is an illegal donation if it is larger than $1,100.

We are seeking to rub that out. It has to be eliminated before the next federal election or we will allow the same kind of abuse, but it will even be more widespread, I would suggest, than the abuse that has already taken place in this loans loophole regime and scenario that exist now.

I cannot understand for the life of me how he fails to see that we have to take big money out of politics. Big money in election financing undermines democracies. It bastardizes democracy, so to speak, and makes it less fair for those who want to seek political office on a fair and level playing field.

Canada Elections ActGovernment Orders

June 13th, 2008 / 1:25 p.m.

Liberal

David McGuinty Liberal Ottawa South, ON

Mr. Speaker, if the member is so concerned about eliminating big money from politics, why is he not turning his guns on and rubbing the noses of the Prime Minister and the Minister of National Defence in it in regard to their actual undisclosed leadership campaign contributions, debts and payers?

If he is that concerned, and here is the theory about this issue, why is he not turning his party's guns on those undisclosed loans? He is not because this is about politics for the NDP. This is not about improving the status of financing in Canada. I would remind him, even though he fails to remind Canadians of this himself, that it was our government in 2003 that introduced the very first annual limits on individual contributions to a party and a candidate.

It was our party that banned contributions to political parties from corporations and his friends in the unions. Those changes stand today as the most significant at the federal level that we have ever seen in this country.

We went further in 2006. I would remind the member of that. We further lowered the amounts that were entitled to be contributions. They are now tied to the rate of inflation. In theory, they should rise only slightly each year.

Therefore, it is passing strange that the NDP is now turning its guns on the party that cleaned up election financing in the first place, while partnering with the Conservative Party, whose Prime Minister and Minister of National Defence, at the very least, have never come clean on who paid off their debts and who gave them money for their leadership races. It is high time for Canadians to know who put this Prime Minister in office, what influences is he now bearing, and how this is affecting public policy across the country.

Canada Elections ActGovernment Orders

June 13th, 2008 / 1:25 p.m.

The Acting Speaker Royal Galipeau

I want to thank the hon. member for Kings—Hants for his patience. He now has the floor.

Canada Elections ActGovernment Orders

June 13th, 2008 / 1:25 p.m.

Liberal

Scott Brison Liberal Kings—Hants, NS

Mr. Speaker, my question for the hon. member is a very simple one on the role and power of Canadian chartered banks. The NDP members consistently attack the chartered banks as having too much power in the Canadian economic and political environment. This legislation will in fact strengthen that concentration of power.

Does the member see the potential risk? If we in fact limit these loans to chartered banks and other major financial institutions, they would have the discretionary capacity to say no to a potential leadership candidate who was perhaps opposed to bank mergers or to some of the measures that the banks want to see implemented in legislation.

In fact, they would have the capacity to say no to almost every New Democrat running for a leadership, because New Democrats are consistently against Canada's chartered banks. In fact, this legislation could entrench and strengthen the tremendous power that Canadian banks would have over the political process and the Canadian economy.

Canada Elections ActGovernment Orders

June 13th, 2008 / 1:25 p.m.

Liberal

David McGuinty Liberal Ottawa South, ON

Mr. Speaker, I cannot thank my colleague from Kings—Hants enough for those insightful remarks. He is absolutely correct. NDP members are speaking out of both sides of their mouths. First they attack the big banks and now they are fighting to keep Canadian chartered banks in this, to make them more powerful, more responsible and, for that matter, more influential in political outcomes in Canadian society. They have not thought this through at all.

This is about the NDP cozying up to the Conservative Party and trying to make a cheap point. It will not resonate with Canadians, certainly not with those thousands of Canadians who do not come from fame or money and who want to be appear in elections for nominations and beyond and serve their country.