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

This bill was last introduced in 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 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

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.

October 18th, 2012 / 11 a.m.
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Edmonton—Sherwood Park Alberta

Conservative

Tim Uppal ConservativeMinister of State (Democratic Reform)

I'm happy to be here and I thank you, Mr. Chairman and colleagues, for inviting me to speak today to Bill C-21, the Political Loans Accountability Act.

I am joined by Matthew Lynch, an official from the Privy Council who will help with technical questions if needed.

As you know, this bill proposes to amend the Canada Elections Act to establish stronger rules and better transparency requirements for political loans. The establishment of high and consistent standards of transparency and accountability in our electoral system is an underlying objective of our government's larger democratic reform agenda.

This bill, as with our other efforts, seeks to increase the confidence Canadians have in the integrity of our political process. For Canadians to have that confidence, our government believes that voters must be the primary actors in the electoral process. That is why the Federal Accountability Act completely banned political contributions by corporations, unions, and associations.

Furthermore, we believe that voters must be able to participate in the electoral process on an equal playing field. Neither voters nor candidates should have privileged access to the political system solely because of their financial resources or wealthy contacts. That is why the Federal Accountability Act reduced the yearly contribution limits for individuals. That limit now stands at $1,200 per year for each category.

These principles of transparency and accountability, the primary role of citizens, and equality are the motivations behind this bill.

Bill C-21 is necessary because the regulation of political loans has not been updated to reflect the other recent changes to the rules for political contributions. Currently there are no limits on loans that corporations, unions, or wealthy individuals can grant to political entities. Right now the deck is already stacked against potential candidates who might not have connections to wealthy donors or significant wealth themselves or within their circle of family and friends. That unfairness is made worse by other loopholes that exist.

In the worst cases, loans can potentially be abused as a form of disguised contributions over and above the limits on donations that we have set. At the very least, the regulations and reporting of loans is inconsistent. The lack of limits on amounts loaned is entirely out of sync with the rest of our donation rules, and the rules on who can and cannot donate money to politicians don't apply to loans at all.

What's worse, the current rules don't provide for genuine deadlines for repayment or for genuine consequences to politicians who break the rules.

This situation needs to be fixed.

Ordinary Canadians are expected to pay back their loans under strict rules and timelines. The same should be expected of politicians.

The political loans accountability act is designed to fix these problems by making the regulation of loans consistent with the rest of our political financing and contribution system.

I'll provide a brief overview of the bill's provisions, which would apply to all political entities—parties, associations, candidates, and nomination and leadership contestants.

With respect to transparency, the bill would establish a uniform and transparent reporting regime for the terms and conditions of all loans to political entities and require the Chief Electoral Officer to publish reports on loans.

These changes would achieve greater transparency by ensuring that all political entities are subject to consistent reporting standards and that the lending practices of financial institutions to different parties and candidates are visible for all to see.

With respect to accountability, the rules for the treatment of unpaid loans would be tightened to ensure candidates could not walk away from them.

Bill C-21 would accomplish this by making electoral district associations responsible for unpaid loans taken out by their candidates. If there is no association, then the party would be responsible for unpaid loans.

Ultimately, electoral district associations and their members endorse these candidates, as do the parties and party leaders themselves. Loans that remain unpaid by those candidates need to be dealt with. We believe this mechanism would provide for the most logical, transparent, and accountable solution to that problem.

With respect to the principle that voters should be the primary influence in an election, Bill C-21 aligns the loans regime with that of the rest of our political financing regime by prohibiting corporations, unions, and associations from making political loans.

Bill C-21 would only allow financial institutions and other political entities to make loans beyond the current annual contribution limit of $1,200.

I'll also add that loans made by financial institutions, and there are literally hundreds of eligible institutions covered by this bill, must be made at fair market rates of interest.

Turning to the principle of equality, under Bill C-21 total loans, loan guarantees, and contributions by individuals cannot exceed the annual contribution limit for individuals. With Bill C-21, wealthy individuals would not be able to bankroll their campaigns by making large loans to themselves, or by taking large loans from friends or family. This places all candidates, including women and minorities, on an equal playing field.

I would also like to note that this bill incorporates recommendations made by chief electoral officers and previous input by this committee.

The bill is substantively the same as Bill C-29, which was passed by the House of Commons in the 39th Parliament but died on the order paper in the Senate. Several amendments were made by this committee and are included in this bill. Those changes include: a three-year period after which unpaid loans become deemed contributions, which this committee increased from the originally proposed 18 months; requiring the Chief Electoral Officer to hear representations from an association, party, or lender before making a determination about a deemed contribution; and providing that the amount of any loan given or guaranteed and that is subsequently paid back within the same calendar year is returned to the lender's annual contribution limit for that year.

Bill C-21 also makes a change to the contribution limits for leadership contestants. Currently, contribution limits for leadership contestants are set on a per-contest basis. Under the bill, the contribution limits for leadership contestants would be set on an annual basis, similar to the contribution limits for other political entities. I would also note that the bill would not apply to loans that were entered into prior to the coming into force of the bill. For clarity, the change from per-contest to annual donation limits to leadership contestants would apply to leadership contestants who continue to be contestants because of their outstanding unpaid loans or claims, subject to any conditions imposed on them by the rules, courts, or the Chief Electoral Officer.

The coming-into-force provision states that the bill will come into force six months after royal assent. This is consistent with the corning-into-force provisions of other electoral laws and is designed to give Elections Canada sufficient time to implement the changes.

Our government believes that Bill C-21 is essential to preserving and enhancing the trust of Canadians in the integrity of their political institutions. We believe that politicians have a responsibility to manage their funds prudently and to make sure that they are borrowing and spending within the means of their campaigns. Regular Canadians must manage their own household budgets, and it is incumbent on politicians to do the same.

I hope you will support this bill. I would be pleased to answer your questions.

Political Loans Accountability ActGovernment Orders

September 28th, 2012 / 12:15 p.m.
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NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, I am pleased to rise in the House today to speak to Bill C-21, which would amend the provisions of the Canada Elections Act that affects loans and guarantees to political entities, whether registered parties, registered associations, candidates, leadership contestants or nomination contestants.

I am splitting my time with the member for Québec.

It is an important bill and, as I said earlier, it is a complex issue. We should recognize that when people run for leadership for a political party, it is a huge undertaking financially and in terms of a political commitment to their family, community, party and the country. It is easy to focus on some of the problems that occur, and there are problems, and that is why the bill has come forward. We should also remember the enormous sacrifice that people make, no matter what party, when they decide to run for the leadership.

The NDP just went through a leadership race. It was an incredible democratic process. We had hundreds of thousands of Canadians engaged in that process, culminating in the election of our new leader from Outremont.

When we went to the candidate meetings or had interaction with the candidates, our party could see how incredibly hard-working they were and the time and energy everybody put into their campaign teams.

We need to recognize that because politics gets such a bad name. People feel cynical and it is partly because of financial issues. Bills like this one tend to reinforce the negative side. Therefore, let us also be positive and celebrate the fact that individuals make this commitment to give that kind of public service. I wanted to begin my remarks with that because it needs to be said.

We support the bill at second reading. There will be a general rule that loans and guarantees to political entities are prohibited. There are exceptions to that. Financial institutions can give loans to political entities at a market interest rate and in writing, so that is a very clear, transparent thing. Individuals can as well, as long as they respect the limit under the act, which, as of January, was I believe $1,200, and as long as the loans are repaid, a very key point, within the calendar year or guarantees for which an individual is no longer liable in the calendar year will not be taken into consideration for an individual's contribution, loan and guarantee limit.

Finally, one of the three exceptions is that political parties or associations can make loans or stand surety for loans to a candidate or an association as long as it is in writing. There are some very clear rules.

Just by way of background, I was in Parliament in 2003 when the original bill, and I do not remember the name of it but it was under the Jean Chrétien government, came forward and reformed political financing. It sought to limit the donations to political entities from private individuals and legal persons, but at that time it did not limit political loans.

That was very important legislation and it did create a benchmark to ensure that Canadian political process and running in an election and so on was fair. It was a very historic.

I would compare us with the United States where there is virtually no rules. An individual has to raise millions and millions of dollars. Most of us could never run in the U.S. We simply would be unable to raise the kind of money as progressive people taking strong stands. We would never get all the lobbyists and so on. I always think about the situation in the U.S. where it is so much controlled by big lobbyists and big financial contributions. Therefore, the bill introduced in 2003 was very important.

In 2006 the Federal Accountability Act was the first legislation introduced by the Conservative government, and the NDP was very instrumental. I remember the member for Winnipeg Centre worked very hard with the minister at the time. That also was an important act, which lowered the maximum annual limit from $5,000 to $1,000, but it did not address the issue of political loans.

It is curious that in both 2003 and 2006, neither of those pieces of legislation from two different governments and two different political parties dealt with the question of political loans. I would like to put on the record that the NDP has always been in favour of limiting what we would characterize as the influence of third parties, both on political parties and during leadership contests.

It seems to me that the principle here is to ensure that there is transparency, that there are clear rules, that there are not ways to get around the rules and make oneself a loan or have someone make a loan that we know would never be repayable. Our party has always had an understanding, support, and advocacy for this kind of principle in favour of limiting the influence of third parties. This is why we are supporting the bill.

I would go further and say that Ed Broadbent, the former member for Ottawa Centre, former leader of the NDP, and a very well-known member of Parliament, made an enormous contribution in his time serving the House. He put forward a platform that called for transparency, clear rules, cleaning up politics for stronger accountability, and financing rules for leadership contests. That is what we are also talking about today. Sometimes we forget these things, so it is good to put on the record the work of a former colleague who really did make a difference and who espoused these principles of fairness, transparency, and accountability. I want to give kudos to Mr. Ed Broadbent for doing that.

When we debated the accountability act in 2006, we were very clear that it should have included provisions on political loans. We deplored the fact that it was silent on this matter. Again, the member for Winnipeg Centre did an enormous amount of work. We ended up agreeing as far as the bill went that we would support it, but we always believed that it should go further.

Here we are today in 2012. The bill before us has had quite a history and has already been hanging around for almost a year. It was previously Bill C-19 and C-29. It has had various versions, and here it is being debated today. I think it was the government House leader who said earlier that the government would push and convince all the opposition parties to deal with the bill. Quite clearly, for us in the NDP, we have always supported these kinds of measures and we will support the bill in principle.

I want to end on this note. This is a very complex issue. One has to really go through this stuff with a fine-tooth comb and see whether or not there are loopholes. I hope that when it gets to the committee, its members will almost look at it from a negative point of view, from the point of view of how someone can get around it. We need to ask ourselves that question to ensure that the bill is sufficient and adequate and covers the principles that it espouses. I am glad that we are supporting the bill and look forward to it being at committee.

July 15th, 2008 / 10:05 a.m.
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Marc Mayrand Chief Electoral Officer, Elections Canada

Thank you.

Good morning, Mr. Chair and members of the committee.

I am accompanied today, as the chair indicated, by Mr. François Bernier, the legal services director at Elections Canada.

I was requested by the chair of this committee to assist members in the study of the review and treatment of election financial returns and the key considerations involved in the review of these returns. In discussions prior to my appearance, the chair requested that I provide a detailed explanation of the aspects of the legislative and administrative framework that relate to political financing under the Canada Elections Act and, more specifically, of the treatment of election expenses.

This will be the subject of the first part of the presentation. I hope it will provide the committee with a better understanding of the operating context in which decisions are made regarding reimbursement of electoral expenses. I will then turn to the subject of particular decisions of interest to the committee and explain how they relate to the legislative and administrative framework.

The mandate of Elections Canada is to administer the Canada Elections Act in a fair, consistent, transparent and impartial manner. As an officer of Parliament, my first duty is to serve Parliament and Canadians. While the committee is reviewing the activities of public office holders, I trust it will understand that in my capacity as Chief Electoral Officer of Canada, I can only speak to electoral matters. I will not comment on ongoing investigations of the Commissioner of Elections Canada, or the specifics of the case currently before the Federal Court. As well, I will not deal with any individual cases.

Mr. Chairman, with your concurrence, I will now proceed with the first part of my presentation. The committee has already received a presentation that extends to a number of pages—42 pages, I believe. So I won't read each of those pages, but I will simply make the main comments on the essential aspects of the presentation.

The presentation will contain four parts: first, the objective itself, as well as a part dealing with the key principles underlying the legislation and the administration of that legislation, the key aspects of the legislation, and, lastly, the aspects of the administration of that legislation. I will also provide a brief conclusion.

I think it's fair to say that the first hundred years of federal democracy in Canada have been focused almost exclusively on the conduct of elections and on progressively expanding the franchise--the right to vote--to all Canadian citizens. In fact, the right to vote became a fundamental right protected by the Constitution and the Canadian Charter of Rights and Freedoms in 1982.

This focus continues today, as the agenda of the 39th Parliament attests. For example, Bill C-2, the Federal Accountability Act, dealt with the appointment of returning officers, who are now the responsibility of the Chief Electoral Officer. It also dealt, under Bill C-31, with the integrity of voting. It also dealt with the issue of proof of residence, under Bill C-18. And it is considering, currently, Bill C-6, which deals with visual ID; Bill C-16, which deals with advanced polling; and Bill C-20, an important piece of legislation that deals with the appointment of senators. This is all to show that there is still a focus on the electoral process and the conduct of elections.

However, over the last 40 years, growing concerns have been expressed with regard to the influence of money in the electoral process. These concerns have led Parliament to incrementally design a regulatory regime to govern the use of money during electoral campaigns. We are now at the point at which Canada is at the forefront among mature democracies in how it regulates the influence of money in election campaigns. This regulatory regime of political financing was initially built in the seventies, and it has since witnessed repeated legislative reform that continues today. Again, this Parliament passed Bill C-2, which deals with contributions and gifts and which banned contributions from corporations and unions. It is also considering another important aspect of the financial regime, under Bill C-29, with regard to loans.

My purpose today will be to deal with a particular and key aspect of our political financing regime, that of election expenses and their treatment by Elections Canada under the Canada Elections Act. More specifically, I will touch on the legislative framework, the administrative framework, and the compliance and enforcement program.

There are certain principles underlying the legislative and administrative framework. First, to maintain public trust, are transparency and fairness. These principles are expressed through various provisions in the act that deal with public disclosure, expense limits, public funding, compliance and enforcement, and, something that is often forgotten, the distinctiveness of political entities. Each has its own regime, with distinct rights and obligations.

Transparency is about disclosure. It's about providing information to electors on candidates, parties, and other entities. It involves, with regard to financial matters, reporting revenues and expenses and the sources of those.

Fairness is the key principle of a healthy democracy. In our democracy, fairness is about allowing political parties' candidates to have an opportunity to present their visions, their policies, and their values to electors. What those are and how they are communicated to electors is the exclusive domain of political parties and candidates. However, legislation seeks to ensure that the competition among political parties and candidates to secure the vote of electors be conducted within certain rules designed to create and maintain a level playing field. One area of legislation, again, over the last 40 years, has been the adoption of rules that will foster this level playing field. These rules deal specifically with how money can be raised and how it can be spent in order for them to present ideas and reach out to electors.

The Canada Elections Act passed it to the CEO to administer these complex rules, with a view to ensuring that key principles are maintained at all times. In doing so, Elections Canada must act fairly and impartially and exercise due diligence at all times. When it finds evidence of non-compliance and possible offences, it must exercise the authorities provided by the legislation in accordance with all the requirements of fairness and due process, within the strict limits of the law. To do otherwise would undermine not only Elections Canada as an institution but also the democratic process itself.

Let me turn now to the key aspect of the legislative framework as it relates to the treatment of election expenses and the role these key principles play in the electoral law.

The relevant aspects of the legislative framework involve key definitions, a brief discussion of duties of official agents, the notion and concept of election expense limits, the concept of transfers among political entities, reporting requirements for those political entities, entitlement to reimbursement, and key differences between parties and candidates. Note that some misunderstand the system and tend to view parties and their candidates as a single entity, yet the law makes clear distinctions and establishes distinct responsibilities, benefits, and obligations for parties and candidates. For the most part, these are treated independently of one another. This is particularly true in disclosure and reporting requirements, which are different for parties and candidates. Access to public funding is different. Spending limits are set differently for candidates and parties. To some extent, rules governing the raising of contributions are different for candidates and parties.

Let's first look at key definitions. Under candidate electoral campaign expenses, there are three key definitions that need to be considered: candidate electoral campaign expenses; candidate election expenses; and candidate personal expenses.

Electoral campaign expenses are expenses reasonably incurred in the election and include election expenses themselves and personal expenses. There are electoral campaign expenses that are neither election expenses nor personal expenses. An example is the audit expense in excess of the subsidy. It is an electoral expense, but it is not an election expense. There is also the rent of an office outside the rent period. For example, when a candidate rents an office before the writ is dropped or carries the office after the polling date, these are electoral campaign expenses, but they are not election expenses.

An election expense includes any cost incurred or non-monetary contribution received to the extent that the property or service for which the cost was incurred or non-money contribution received is used to directly promote or oppose a candidate during an election period. The expression “directly promote” does not refer only to expenses incurred to expressly urge voters to vote for or against a particular candidate. It has a much broader meaning that encompasses all expenses that directly assist in getting a candidate elected. For example, it includes the rental of office space, equipment in that office, the computers, the supplies, and the remuneration of campaign workers during the election period. All such expenses directly promote the candidate and are thus election expenses for the purpose of the act.

The third definition has to do with personal expenses. Personal expenses of a candidate are his or her electoral campaign expenses other than election expenses reasonably incurred in relation to his or her campaign. Personal expenses include travel and living expenses, child care, and similar expenses.

It's important to note that there are three categories of expenses, each with its own definition and standards. Election expenses must generally be disclosed. They are subject to a reimbursement, and they are subject to spending limits. Personal expenses must be disclosed, and they are subject to a reimbursement. Residual expenses that are neither personal nor for an election must be disclosed, but they are not subject to a reimbursement. Again, I mentioned previously the subsidy for audit.

Another key concept in looking at election expenses is the notion of transfer. The act allows specific political entities of the same political affiliation to move resources amongst themselves without being subject to the restriction on the source and amounts of contributions set out in the act. A contribution is the amount of money received that is not repayable; otherwise it would be a loan. It is the amount of money received that is not repayable, or the commercial value of a service or a property, or the use of property or money to the extent that it is provided without charge or at less than commercial value.

Again, this is a new, essential concept--commercial value. How is commercial value defined? It's the lowest amount charged for a property or service by the person who is in the business of providing that good or service. Alternatively, it's what another commercial provider charges for the property or service who is not in that business.

At the end of the electoral campaign, candidates must file an electoral campaign return. That return is an account of all financial transactions for an election. It consists of a form that has 15 pages and is divided into four parts. It's a bit longer than even a tax return, so there's a level of complexity attached to filing those returns.

Let me give you an example of how these concepts can come together. Let's assume that a party pools the purchase of lawn signs for its candidates and offers those lawn signs to candidates. They have the option of accepting the package or turning it down. Let's say one candidate agrees to purchase 1,000 signs for his campaign and that those signs have a value of $10,000; however, the candidate can only afford $2,000. Provided the signs are used during the campaign to promote the candidate, the return will have to show the transaction as follows. First of all, the election expense will be $10,000 for the candidate, because he received those 1,000 signs and used them during the campaign. That's the amount shown as the expense. Within that he will show the paid expense as $2,000. He will show a non-monetary transfer of $8,000, which is the commercial value of the signs that were transferred from the party to the candidate. The amount shown as the expense will be counted against the spending limit and it will be eligible for reimbursement. The amount shown as non-monetary will count against the spending limit, but it will not be reimbursed since nothing was paid for that amount.

This is a very simple example of how those transactions have to be reflected in the return.

To emphasize the critical role of money and the need to rigorously control inflows and outflows and ensure that financial activities are strictly within the constraints of the legislation, the legislation provides or requires that each candidate appoint an official agent. In fact, a candidate cannot officially run as a candidate without having appointed an official agent. This is a must under the legislation.

An official agent is much more than a bookkeeper. In fact, if we can do an analogy, he or she could be seen as a treasurer or a financial comptroller. You have on slide 9 the key duties of an official agent.

Generally, the official agent is responsible for controlling all electoral campaign expenses; that is, for a candidate's campaign, only the official agent or the candidate or someone authorized in writing can incur an electoral campaign expense. So you will understand that to fulfill his or her duties, the official agent must of course be familiar with all the concepts and the definitions I mentioned earlier and must develop a good understanding of the underlying principles of the legislation.

Let me talk briefly about expense limits. The first point to note is that there are separate limits for parties and candidates and that those limits apply to election expenses, whether paid or unpaid, and include the commercial value of non-monetary contributions or transfers.

Elections Canada calculates those limits for each in accordance with a formula set out in the act. I will not go through the specifics of the formula, except to say that, for candidates, that formula takes account of the number of electors, the population density in the riding, and the geography of the riding, and provides an adjustment for inflation.

Spending limits for parties are a little bit simpler to calculate. It's the number of electors in the ridings for which candidates are presented by the party.

For the 39th election—that's slide 13—the average expense limit for candidates per electoral district was a bit over $81,000, and for a registered party that endorsed a candidate in all 308 ridings, the limit was set at a bit over $18 million. What does that mean? One may be tempted to say that in total a party having 308 candidates could spend altogether up to $18 million for the party and up to $24 million, almost $25 million, given the limits of each and every candidate, for a total of $43 million. However, to look at it in this manner would be mistaken, as the law does not consider the political family as one entity but rather, in this case and this example, as 308 distinct, separate entities with their own rights and obligations.

Let me talk briefly about transfers. The Canada Elections Act recognizes the organic link that exists in the family of political entities, allowing them to move funds, goods, and services among themselves without treating those movements of resources as contributions. The provision of resources from one political party to another, which is not specifically provided for under the act, constitutes a contribution and is subject to the eligibility and limits set out in the act.

Transfer of expenses is not permitted, as this would render the distinct limit of parties and candidates meaningless. As you can see, it is absolutely essential to keep all those definitions and concepts as we look through various returns provided at the end of electoral campaigns.

You will find on slide 15 a table showing the transfers, what is allowed and what is not allowed. Clearly, you will see that transfers between parties and candidates are perfectly allowed by the Canada Elections Act. It has some standards, but they can move resources freely between entities.

You will note that for candidates, these movements of resources can start only after they've been officially declared candidates, meaning that their candidacy has been registered with the returning officer. You will also note that transfers to candidates after polling day are allowed only to pay for unpaid claims and for nothing else.

You will find again at slide 16 another way of looking at it. There is a triangle on that slide that shows the relationship between the party, the candidates, and the EDAs, and the respective rights and obligations for each. You will see clearly that the transfer of money, goods, and services among all three entities is allowed. You will also note that the transfer of expenses is not allowed, and you will see that Elections Canada is overseeing, through various programs, how the money flows among entities.

I should point out that for the 39th election, Elections Canada dealt with 15 registered parties that had over 1,200 electoral district associations, and with over 1,600 candidates, each with their respective agents.

On page 17 you will find a table of the transfers reported in Canada through returns for the 39th election. You will see that all parties represented in the House have transferred resources with their affiliated entities. These have taken place between candidates and parties, between candidates and EDAs, and between parties and EDAs.

The House resumed from June 16 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.

National Defence ActGovernment Orders

June 17th, 2008 / 1:45 p.m.
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Independent

Louise Thibault Independent Rimouski-Neigette—Témiscouata—Les Basques, QC

Mr. Speaker, first I want to mention something that I believe is important although it is not related to this debate. Yesterday, in my speech on Bill C-29, I talked about the lack of consideration and the unfairness that independent members have to endure. Our presence in this House is just as legitimate as that of the 304 members with party affiliation.

The Conservative government, among others, regularly seeks the unanimous consent of the House to deal with certain issues as quickly as possible. All parties and independent members should at least be informed. It is essential if we want to do our job. I repeatedly—and being as persistent as I am, when I say repeatedly, I really mean it—asked both the Leader of the Government in the House of Commons and the Chief Government Whip to have the decency to inform all four independent members. They just chose to be stubborn and took a malicious pleasure in not doing that, even when other independent members or myself were in the House when a motion was introduced.

I have no reason not to do my job by letting bills or motions go through by unanimous consent without being consulted, which means without even knowing what it is about.

As members of Parliament, the essence of our work continues to be to develop legislation that is fair and equitable. Therefore, it is only normal to know what it is that the government wants to ram through the House of Commons. That is what I wanted to say on this.

Bill C-60 seeks to correct a problematic situation created by the court martial appeal court in the Trépanier case. The fact that an accused cannot choose before which court he can defend himself was ruled inconsistent with the Canadian Charter of Rights and Freedoms, and the chief military judge more or less lost the power to convene a court martial. The government wants to break this impasse before the end of the session, to allow courts martial to be convened.

The bill also introduces other procedural changes. Most of them are clarifications made necessary by other judicial decisions, such as clarifying the limitation period with respect to summary proceedings.

Yesterday, the bill was referred to a committee, which heard experts. The committee did its job. Its report is published in the blues. The committee cancelled the transitional provision in clause 28 and ordered a mandatory review, within two years of this bill becoming law.

This not only makes perfect sense, it is also good insurance. Given the speed at which we are proceeding to deal with this issue before the end of the session, at least we can be assured that, in two years from now, this issue is going to be re-examined and it will be possible to take action.

In conclusion, I believe that legislative work can be done diligently and respectfully, and I think it is important to point this out today.

Canada Elections ActGovernment Orders

June 16th, 2008 / 3:30 p.m.
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Bloc

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

Mr. Speaker, it is a shame that there are only three or four minutes left in the debate. I almost wish I could seek unanimous consent to talk about this for another 20 minutes, but I will be reasonable.

I will explain to my colleague that the problem stems from the fact that a local candidate could incur expenses to get nominated or elected, expenses that the party could be completely unaware of, expenses that could be considerable. The individual could declare bankruptcy, and the party would be liable for the debt.

My colleague is a member of the Liberal Party. There will be 308 candidates in the next election. Some of them might end up spending excessive sums of money to get their nominations.

Why should the party be responsible for expenses that it did not even know about? That is the problem.

I see that my colleague, the member for Hull—Aylmer, is here. I managed to get an amendment in the committee to raise this absurd possibility. Unfortunately, we have to go back to the original starting point as it was set out in Bill C-29 at first reading.

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 16th, 2008 / 1:40 p.m.
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Bloc

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

Mr. Speaker, somebody keeps yapping and that is distracting me. I realize that you yourself are so distracted that you cannot take down any notes about my speech.

So there could be a breach of the spending limit. The party might not know anything about it but would be responsible for the expenditures of this insolvent person. That is the point of this amendment. I have difficulty seeing the logic of my colleagues from the other parties.

That being said, I consider that we are democrats in the Bloc Québécois, and we will acknowledge the democratic decision of the House. Allow me, however, to express some misgivings that I have.

With regard to the general thrust of Bill C-29, the Bloc Québécois remains in favour of it on the third reading. We consider that it contains some interesting, though perfectible elements, given that by definition perfection does not exist in this lowly world.

We are in favour of it for two main reasons. First of all, we think that it is necessary to provide a framework for loans so as to avoid people getting around the spending limits. We realize this on analyzing certain leadership races, among both the Conservatives and the Liberals.

For example, the member for Toronto Centre, the new Liberal Party critic for foreign affairs, apparently received loans totalling $705,000, including a loan from his brother, John Rae, a former vice-president of Power Corporation, for $580,000 at 5% interest. He apparently lent himself $125,000.

The same goes for the current opposition leader, who is supposed to have received loans totalling $655,000 from various people: Mamdouh Stephanos, Marc de la Bruyere, Stephen Bronfman, Roderick Bryden, Christopher Hoffmann. In all, they amount to $655,000.

Since we are including everyone, the current Prime Minister still refuses to reveal who his contributors were during his run for party leadership in 2002. He refers us the web site of the party once called the Canadian Alliance. That party has changed names many times. First it was the Reform Party, then the Canadian Alliance, and now the Conservative Party. It reminds me of the new Coke: it is the same recipe, but in an improved version. It is actually quite confusing.

In any case, a Globe and Mail article on October 2, 2002, revealed that the current Prime Minister spent $1.1 million on his leadership campaign in 2002. According to the article, the Prime Minister said he had posted a partial list of his contributors on the Canadian Alliance web site, but in fact only those who contributed more than $1,075 were listed. Thus, there are many grey areas.

As for election spending limits regarding contributions from individuals, we know that corporate financing is no longer allowed. We support this. Such limits have always been a traditional demand of the Bloc Québécois, that is, since 1993, for one simple, good reason. The Act to govern the financing of political parties has been in force in Quebec since 1977 and has proven effective. It has helped clean up political and electoral funding practices.

I can still vividly recall former Prime Minister Jean Chrétien paying homage to the legacy of René Lévesque, who gave us Quebec's act respecting elections and referendums in municipalities and the referendum act, among others. I am sure it was not easy for Jean Chrétien to pay homage to René Lévesque.

It is not necessarily logical, and certainly not every day, that Mr. Chrétien would pay tribute to René Lévesque.

That is basically what I wanted to say in my allotted time. Question time is approaching, and I am sure that some of my colleagues have some interesting questions for me. I will be pleased to answer them to the best of my knowledge and abilities. I want to stress that we still support this bill, and that we will likely vote in favour of it.

However, we see some serious problems with the fact that parties are responsible for expenses incurred by candidates at the local level. It should be a given that when someone agrees to run for a particular political party, that individual takes responsibility for his or her own expenses.

It is also important to remember that election campaigns are fast-paced. People who work on an election campaign have a hectic life from morning to night, and that includes the researchers who work nights. It is seven days a week. It is not always possible for all expenses to receive approval from senior party officials. That could mean that, although the party has nothing to do with the expense, it could end up being responsible, which does not make sense and is completely unacceptable.

But regardless, the Bloc Québécois supports this bill overall.

Canada Elections ActGovernment Orders

June 16th, 2008 / 1:40 p.m.
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Bloc

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

Mr. Speaker, I am pleased to speak to Bill C-29.

I am shocked by my colleague for Burnaby—New Westminster's response to my colleague for Chambly—Borduas in terms of a party's responsibility for loans contracted by candidates. My colleague just said that he was not in favour of this third amendment. I should point out that the amendments to the bill before us are a direct result of the NDP's change in position.

I do not necessarily want to dump on the NDP. We agree on certain things, but not in terms of this bill. There was a prior agreement. Given that I sit on the Standing Committee on Procedure and House Affairs, I succeeded in getting this amendment in order to withdraw this provision. It has now returned to the bill, which means that the responsibilities and debts contracted by local candidates will become the responsibility of the party in the case of insolvency.

I am on the Standing Committee on Procedure and House Affairs, a committee which is incidentally inoperative at the moment. A Conservative colleague was elected to replace the chair and member for Cambridge, whom a majority of the members had to kick out. Apparently he was not doing his job properly and impartially. A new chair was elected. Unfortunately this new chair resigned, and this means that the Standing Committee on Procedure and House Affairs, because of the Conservatives, is inoperative.

On reading the bill, I noted this problem. I agree that a local candidate has a party banner to defend. Still, in the case of the Bloc Québécois, there are 75 ridings. There are more in the case of the so-called “national” parties. The Bloc Québécois is the national party of Quebeckers. We run candidates in the 75 ridings of Quebec. When we talk about 308 ridings and 308 Conservative, Liberal or New Democratic candidates, there is a coordination problem. How do we find out what is happening at the local level? An ill-advised candidate could make excessive, extravagant, totally crazy and inappropriate expenditures. I would even go so far as to say that he might exceed the limit provided for.

Canada Elections ActGovernment Orders

June 16th, 2008 / 1:10 p.m.
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NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, I am pleased to rise on behalf of the NDP to comment on Bill C-29. It is very appropriate because the NDP, in this corner of the House, has been the foremost advocate of smart and democratic grassroots election financing in Parliaments throughout Canadian history.

I am standing beside the member for Winnipeg Centre who has been a very strong advocate of accountability and has spoken in the House on this bill. It is important to note that the NDP has been walking the talk on democratic grassroots election financing since the very origins of our party back in 1960 and even before that with the CCF.

It is important to note that even in the fifties and sixties, big money essentially dominated Canadian politics because we did not have the kinds of limits around election financing that we find today. How did that happen? It was another minority Parliament from 1972-74. The NDP leader, David Lewis, essentially said that the minority Parliament could only continue if for the first time in Canadian history, election financing limits were put in, both in federal parties and also in constituencies. So that was a key point in Canadian history.

It essentially drew us away from the American model, and I will come back to that in a moment, where there are essentially no limits in election financing, where big money dominates, and brought a unique Canadian contribution to election financing law. That put in place the kinds of limits today that mean that ordinary working people can run for the House of Commons and not expect that they are going to be simply outspent by bankers and big business, that essentially there is an even playing field.

It is important to note that since that first election financing act was put into place, the NDP has had a lot more representation in the House of Commons. Ordinary working families have had a lot more representation. It is not a perfect system yet, and I will come back to that in a moment as well. But essentially, the 1972-74 period was a watershed for Canadian election financing laws.

Why is that important? We see in the United States how democracy plays out, that essentially in most campaigns, particularly at the national level, we see that millionaires get elected because there is no election financing legislation that caps the amount of money that people can spend in election campaigns. We hear about $20 million, $30 million, $40 million campaigns, millionaires stepping forward and basically taking money out of their piggy-bank and then running for public office.

As a result of that, we see that the institutions governed by that lack of respect for the democratic will and a lack of responsibility to assume that there is a level playing field means that legislation does not necessarily get adopted in the interests of ordinary working families.

Here in Canada, through the efforts of Tommy Douglas, we have a public health care system that is financed by public taxes and we have that in place in Canada as a result of the work of the CCF and the NDP. We are very proud of that. In the United States where big money dominates there is still a continued effort to put in place a public health care system; 60 million Americans will not have health coverage at some point in this year 2008 which means they are only a car accident or a fall away from perhaps going bankrupt because they have to pay for their medical costs that could be $100,000 or $200,000.

In Canada, in part because we have a more even playing field, we have been able to bring forward progressive social policy. Of course, the NDP and the CCF have been at the origin of every single progressive piece of legislation brought in for social policy since Confederation.

This brings us to Bill C-29. Essentially, what the NDP has endeavoured to do over the last 30 years is gradually ensure that the level playing field does not have the kinds of loopholes that the parties that tend to represent corporate CEOs tend to like to use. We see it all the time. We put in place legislation and rather than keeping to the principle, the Liberal and Conservative parties are trying to get around those loopholes because they believe big money should dominate politics.

What we are trying to do with Bill C-29, essentially, and what we proposed in the Federal Accountability Act, the wellspring of ideas that has brought about Bill C-29, is close the loophole, that has gradually been put into place over the 30 years since the first adoption of election financing caps, to ensure a party cannot get around the legislation. First there were election financing caps and subsequent to that big corporate donations were shut down.

I remember reading the election returns when I used to work at the NDP national office. At one cocktail party the Liberal Party and the Conservative Party would receive $50,000, $60,000, $100,000 from big banks and big oil companies. Essentially, that has been shut down. It is not in Canadians' interests to have corporate donations dominate the political field. We have had that put into place.

Bill C-29 would close another very important loophole. As soon as Parliament stopped the huge corporate donations that were going to political parties, one would assume political parties would have acted ethically and morally in respect to that legislation, but that did not happen. The Liberal Party found an interesting little loophole.

Under the existing legislation, if a corporate entity loans money to a political candidate or to a political party and that money is not paid back, it becomes a donation. That is an interesting little loophole. Beautiful. We outlaw corporate donations, but a corporate entity can loan money and forget to ask to have it paid back. It then becomes a donation, a direct contravention of the principle of the law that this Parliament put into place.

The NDP saw that loophole right away. We put it forward in the Federal Accountability Act. Ed Broadbent, the former member for Ottawa Centre and Oshawa, was the foremost proponent of that. The member for Winnipeg Centre as well. This loophole allowed largely Liberal members to get around the principle of the act. That brings us to where we are today.

In the most recent Liberal leadership campaign, hundreds of thousands of dollars were loaned to leadership candidates in what was a splurge of money to the Liberal leadership. There did not seem to be any sort of cap. In NDP leadership races, we ensure that there is a cap on leadership donations. People right across the country give small amounts. Some of our leadership candidates have done very well with those small amounts. In the case of the Liberal leadership race, big money came in again with big loans.

Bill C-29 tries to close that important loophole where big companies cannot donate, but they can loan the money and it becomes a donation later.

This is an important principle. What can we say about Quebec’s Election Act? It is one of the best provincial acts. It was not brought into force by a New Democratic government—at least not so far. We certainly hope to have a New Democratic government in Quebec some day.

In any event, Quebec has adopted this principle to ensure that no more than a modest amount can be spent. So you cannot spend $10,000 or $15,000 or $20,000 or $60,000. The limit is set at $3,000, which is more reasonable.

In Canada, as a result of measures adopted by the House a few years ago, a contributor may now give a political party a maximum of $1,100. This is an important factor.

In Quebec, we have in fact seen a change, an improvement, and this has changed the face of politics in Quebec. Since then, the rules of the game have really been more balanced, and there is more discussion of ideas.

The same thing happened in Manitoba. A system was adopted to limit the contributions people can make. There is a New Democratic government in power in Manitoba, and it is governed by that same principle.

This federal principle is therefore modelled on decisions that have already been made by the National Assembly of Quebec, the Legislative Assembly of Manitoba, and other governments. It is an important Canadian principle that everyone supports. Playing a shell game to get around that principle is absolutely not in the interests of Canada.

That is the problem. We can play a shell game, because there is a way to get around the law. Since big corporations may not give money, what can they do? They can grant a loan, and later on it will become a donation.

It is hard to believe that a member of this House could object to that principle when he knows full well what progress has been made on this issue since the NDP forced the enactment of the first election spending limits, from 1972 to 1974, when we had a minority government. At that time, former NDP leader David Lewis said he wanted to establish a system that was fair to the families of working people.

Since then, we have seen progress that has allowed us to avoid the kind of activities and involvement we can see in the United States, where money buys seats in Congress and the Senate. Anyone representing working people is the exception. As a rule, representatives are millionaires, particularly in the Senate.

We do not want the same thing to happen in Canada. Certainly the House has millionaires, but there are growing numbers of members from ordinary families. The example we can cite is the fact that the NDP, which had barely a dozen members a few years ago, now has thirty.

We therefore see a net improvement in terms of members who come from more ordinary families, working families, the families that keep Canada moving. It is people from those families who built Canada and who continue to build it. It is important that these people be represented in the House of Commons. Our representatives must not be only bankers and corporate executives, they must also be the people who truly build the Canada they are part of.

What, then, is the position of the NDP on the amendments? We have had a number of good interventions on the issue. The member for Windsor—Tecumseh and the member for Winnipeg Centre have spoken to this issue.

The government has put forward three amendments at report stage. The first one would limit a person to a $1,000 loan per contest. In other words, it would reduce the amount to what is already in keeping with Canadian principles in the Elections Act to per person per contest rather than $1,000 per person per calendar year. We will be supporting that amendment.

The second amendment concerns when the three year payback period begins. We also support that amendment.

The third amendment, which we find difficult to support, is the idea that when the riding association undertakes, or a candidate or a campaign undertakes, a campaign loan, that campaign loan then reverts right back to the political party. It is a question of reasonableness.

Some campaigns can undertake their own loans right across the country. Every political party does. In the next election campaign, only two parties will be running everywhere in the country and in every region, the Prime Minister's Conservative Party and the member for Toronto—Danforth's New Democratic Party.

Everywhere in the country in the next election campaign people will have two choices, two very clear and differing views on the future of the country. I think we are seeing more and more interest in the NDP because people have seen the Prime Minister's vision and they are not quite sure they like it, particularly the corporate welfare provisions where the only thing that seems to be in Conservative budgets is tens of billions of dollars in corporate tax cuts just shovelled off the back of a truck.

The NDP has a vision that is much more in keeping with the values of Canadians, such as improving our health care system, actually dealing with the housing crisis and the homelessness crisis, and reinvesting in Canadian cities. All of those things most Canadian adhere to, but that is a little beyond the scope of the bill.

The point I am making is that in the next election campaign only two parties will be running in all 308 ridings. Other parties will be running in some ridings and not running in other ridings but only two parties will be running in all 308.

Once those candidates have deposited their nomination papers and have received the sign-off from the leader of the political party they are free to undertake loans on behalf of their campaign. They do not need to go to the national office of the political party to get approval for a loan, which is why we are opposed to this particular amendment. The amendment would mean that the political parties would suffer the consequences of a loan that a candidate and its official agent undertakes in the riding, whereas currently they are responsible for that, as they should be. They make the decisions on the ground to what extent they want to undertake a loan on behalf of their particular campaign and they have the responsibility to pay it off.

I have run in two federal campaigns and both of them were balanced budget campaigns. We feel very strongly about that. In fact, in the second campaign we did not need any loan at all because we received a lot of small contributions from people throughout the riding of Burnaby—New Westminster, which was great. However, if individuals must take out a loan, they should be responsible for it. It does not make sense that those individuals, if they run away from that loan, can simply see that loan transferred to the political party head office.

For the next campaign, for the two parties that are running full slates in every region across the country, the NDP and the Conservative Party, it will be extremely important that the local responsibility be maintained. Hopefully, the other parties that are running partial slates will be supportive of the NDP's position on this. However, for the two parties running the national campaign, running everywhere, particularly in their cases, it is important that responsibility stays with the local campaigns.

We have talked a bit about the origins of the election financing act and how things have evolved since then. The NDP has been the chief spokesperson and the principal advocate of putting into place election financing rules that are in keeping with the values that Canadians share from coast to coast to coast.

Canadians believe there needs to be a level playing field in a political contest and that everyone needs to have the same rules apply. They do not believe in loopholes. Therefore, when a Liberal Party member tries to move around the idea that we cannot have corporate financing by getting a loan and converting it into a donation, that is something that must be stopped. That is why we are supportive of this legislation and of most of the amendments.

We believe Canadians support the values of a level playing field, equal participation in politics and accessibility in politics so that an individual, a former manual labourer, can be active in his or her community, can run for political office and can actually be elected because the rules are such that it is a debate of values and ideas rather than simply a contest of who has the biggest wallet.

Speaking as a former manual labourer who is very proud to be in the House of Commons, our election financing act must do just that.

Canada Elections ActGovernment Orders

June 16th, 2008 / 1:05 p.m.
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Bloc

Yves Lessard Bloc Chambly—Borduas, QC

Mr. Speaker, first I want to congratulate my colleague on his speech.

I heard the answer he just gave to the Liberal member. I do not want to ask him a trick question, but I would like him to elaborate on what he said. We know that the two main pillars of democracy are freedom of speech and transparency. Heaven knows the Conservatives have shown a total lack of transparency regarding several issues that normally should have been submitted to the House in a clear and precise manner. With regard to these two main pillars, can Bill C-29 be compatible with what the member said when we have to ensure that any person who wants to run for office has an equal chance, whether his or her party is strong or weak in the polls? I want to hear what he has to say on how we can reconcile these two concerns.

Canada Elections ActGovernment Orders

June 16th, 2008 / 1 p.m.
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Liberal

Paul Szabo Liberal Mississauga South, ON

Mr. Speaker, Bill C-29 has some good points to it. There is one however, and I want to ask the member's view on it. It has to do with unpaid loans by a candidate which, if the bill passes, would become the responsibility of the riding association. That may put some riding associations in an awkward situation. I can say that from experience, because the same practice applies provincially where any debts of a candidate become the responsibility of the riding association. In one particular case, in fact in Mississauga South provincially, a candidate who was appointed by the party, not selected by the riding association, had a very substantial and irresponsible level of spending and ran up a $26,000 debt which had to be assumed by those who had absolutely no control over how that spending was done.

In cases such as that, it would seem to me that riding associations would not have very much recourse and may find themselves with a substantial debt of which they had absolutely no control over the spending, nor the resources to repay. I am not sure whether that really hits the target squarely with regard to that provision whereby unpaid loans would automatically be the responsibility of a riding association. I wonder if the member has some comments on that.

Canada Elections ActGovernment Orders

June 16th, 2008 / 12:55 p.m.
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Bloc

Paul Crête Bloc Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC

Mr. Speaker, Bill C-29, which seeks to close loopholes in campaign financing, is a good bill in and of itself, with the exception of the matter that was rejected by the government at report stage, with the support of the NDP, allowing a candidate to incur expenses without necessarily obtaining the party's authorization. The party would then be responsible for those expenses. That seems to be an aberration. However, we still believe that there are enough positive changes in the bill as a whole to support it.

We believe that the legislation should cover loans in order to close loopholes pertaining to financing limits. We would like to remind members that these limits were established as a result of a fight led by the Bloc Québécois in the past requiring that corporate contributions be prohibited and that individual contributions be limited, as has been the case in Quebec for 30 years.

I have been a member of this House for 15 years and I remember an epic debate that took place under the former Liberal government. As Mr. Chrétien's term of office was winding down, the situation was significantly improved by allowing only individuals to make contributions. With this bill, we have gone even further, and that is a very positive aspect of democracy.

Often, when people in other countries have governance difficulties, one of the sources of their problems is actually linked to electoral practices that do not measure up to the requirements of democracy. They deserve better support. So the actions taken today are part of a development we are familiar with, which deserves to be supported.

The Bloc Québécois and Quebec as a whole have really made an interesting contribution in this regard. In Quebec, the Election Act, which was amended during the time of René Lévesque in the 1970s, now serves somewhat as a rule at the federal level, and that is good. It makes for a healthier democracy. It also requires us to seek money from a multitude of people, and thus reduces the excessive impact some contributors have on political parties. In this regard, we are headed in the right direction.

This bill corrects another problem in the Federal Tort Claims Act. During consideration of Bill C-2, the Conservative government was more interested in getting its bill passed in a hurry than in dealing with problems of ethics. In the present context, we realized that some things needed to be added. At that time, the opposition parties, the media and Democracy Watch had raised the problem, and the government refused to act. In the current context, we are correcting some of these situations.

For example, the bill corrects the problem of loans that made it possible to get around the limits on political contributions. In this connection, there are some important points concerning the poor protection of whistleblowers and the lack of reform of the Access to Information Act. However, as far as the problem of loans is concerned, we realized in the past that these loans served as crutches to compensate for the fact that a candidate or a party had not raised enough money. This situation was particularly prevalent in leadership races. We realized that something the new Canada Elections Act did not permit was happening through the back door, that is, raising very large amounts of money from one or two individuals who were providing loans. The aim is to correct this situation.

When this bill was introduced, it was pointed out that during the last leadership race several Liberal candidates took out large loans in order to get around the financing limits in the way I have just described. While it is true that quite a few have acted in this way, it should not be forgotten that the Prime Minister himself did not reveal all his contributions during the leadership race in 2002. So the Conservative Party was not really in a position to lecture anyone. We have also seen it in the past seven years, given the scandals we now know about.

It is necessary to prevent the law from being circumvented by introducing new limits for political contributions. For example, an individual can contribute $1,100 annually to a registered party or to a candidate. The amount a union can contribute annually to a registered party has been reduced to $0. That shows a significant shift in terms of the respect owed to the people who give us our mandates—the voters. It is still possible to circumvent the limits by using personal loans. That will no longer be the case. The example was given of the candidates for the Liberal leadership.

We have corrected many other issues in Bill C-2 that were not adequately addressed in the Federal Accountability Act.

Other ethical problems persist. Even though Bill C-29 corrects the problem of loans that allow candidates to circumvent political contribution limits, there are still many ethical problems that were not fixed by Bill C-2.

For example, many Conservative campaign promises in terms of whistleblower protection did not make it into the Federal Accountability Act. Notably, the Conservatives said that they wanted to “ensure that whistleblowers have access to...legal counsel”. Yet the Conservative bill allows for only $1,500 in legal fees. They also wanted to “give the Public Service Integrity Commissioner the power to enforce compliance with the [whistleblower act]”. Finally, the Conservatives promised to “ensure that all Canadians who report government wrongdoing are protected, not just public servants”.

We understand that Bill C-29, as a whole, will improve the situation. We would have liked it to clarify the situation of candidates who incur expenses for their party, unbeknownst to the party, which would then be liable for them. However, because of the overall improvements it proposes, the Bloc Québécois believes that this bill should be supported.

Canada Elections ActGovernment Orders

June 16th, 2008 / 12:30 p.m.
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NDP

Joe Comartin NDP Windsor—Tecumseh, ON

Mr. Speaker, I rise to speak to the bill, as opposed to some other times when I rise in the House and really wish I did not have to speak. The bill is definitely a step forward in the reform of our democracy overall, specifically the reform we are pursuing in political financing of election campaigns, both general campaigns and leadership campaigns as well as nomination meetings.

In that regard, this type of reform has been needed for quite some period of time. Prior attempts to reform the system have been made. We saw the Federal Accountability Act passed in this current Parliament. We saw significant reforms, which I think we all applaud, in the prior parliaments of 2000 to 2004 in particular.

However, this was an area where there was a glaring loophole left. We saw that, particularly in the last leadership race by the federal Liberals. A large number of candidates took out very substantial loans to finance their campaigns, in some cases approaching as much as a million dollars, loans that were left owing when the campaign was finished. Although there are mandates to repay those loans, there is no provision of any serious consequence where the lender on the loan had opted to forgive the loan.

We can see where the huge potential for abuse can lead. In most cases, we have very clear guidelines on how much can be spent in campaigns, including leadership campaigns. This is one of the areas where we need further reform, so there is a clearer accountability of where the funds have come from and how they are spent. In fact, we need more detail in those accounting reporting functions.

However, what this left opened was people could come forward as candidates for leadership or running for the nomination in a riding association and could borrow extensive amounts of money to fund those campaigns from family or close associates, business associates perhaps. Then when the campaign was all over, the limits that we had imposed on donations, the cap we had put on donations, could be easily exceeded by the people who had advanced the loans, saying, “I understand you're in dire financial straits, I'm not going to ask you to repay the loan”.

We saw that repeatedly happen. I often wondered, even prior to some of the reporting we now have in place, how often it happened of which we were not aware.

Therefore, we are taking a significant step forward under Bill C-29. We are placing very clear guidelines on from whom funds can be borrowed, and that is primarily the lending institutions of our country, not private individuals. There are limits on how much can be borrowed as well. It is a major step forward. I do not think it is the end of the day.

I remember sitting in committee one time and listening to two delegations, one from the province of Manitoba and one from the province of Quebec. They had started the program of financial reform in political financing and political donations in particular, much ahead of where we did at the federal level. It was interesting to listen to them. In both cases they said that what we had to do was continue to monitor, at least after every election and leadership campaign, to see if some creative person had come forward with an idea, a way to get around the restrictions and legislation, which thought we had put in place and which we thought were solid and absolute,

We are seeing that to some extent in the scandal of the Conservative Party's in and out scheme, which Elections Canada clearly found improper and contrary to the legislation. That was the Conservatives' creative attempt to get around the financing laws during a federal campaign. Hopefully at the end of the day they will have their wrists severely slapped, they will be penalized, et cetera, and we will put an end to that one.

In this case, what happened with the accountability act and some of the reforms we saw under the Liberal administration was that the issue around the loans was not dealt with. We are now dealing with it in Bill C-29. I think we have covered all the bases on it, but it will require ongoing monitoring. If we do not have that, we can be almost certain that someone will figure out a way around it and we will then have to move back in as a legislature to close whatever loopholes are found.

In addition to this legislation, we have additional democratic reforms. The current Prime Minister was very strong in opposition and in both federal campaigns in arguing for all sorts of democratic reforms.

We know we need reforms within this House to deal with the decorum problem we have in this House and to deal with the problem of actually democratizing the institution. In particular, right now we can see the need to deal with democratizing our committees. We need to deal with making them stronger and more independent of the party in power in particular, but also of the leadership of the parties, so that we as members of Parliament can act more independently and also more representatively of our constituents. Those reforms are needed.

We expect that we are going to need additional reforms once we see how the Federal Accountability Act works in the next federal general election. I expect additional reforms will be called for.

There are certainly reforms that need to be made to the electoral process. As members know, the NDP has been a strong proponent for a long period of time of a form of proportional representation so that everybody's vote counts the same. This is another reform that needs to be undertaken.

The point I am trying to make here is that although this is a relatively small act, it is another step along the route we have to take, that we as members of Parliament have a responsibility to take, to see to it that as much as possible we make our country, our electoral process and our democratic institutions as absolutely democratic as possible.

Attached to this is something that one would almost say is just so obvious that we should not have to say it. There has to be accountability in the process and there has to be transparency. The average citizen has to understand how the process works, both in terms of election financing and in terms of the process here in the House and during the elections.

The point I want to make as well with regard to Bill C-29 is what we hear more about from the Liberal side of the House, which is that we really do not need this kind of restriction. We hear that we simply could put in place a regime that would set out how much money a candidate has spent, with no cap on it, and how much a candidate still owes, with all of it just being an accounting process. The accountants in the country would love that, I am sure.

All we have to do is to look to other jurisdictions to see where they have followed that type of regime. I am going to point to the United States in particular, where there are no caps on what a candidate can spend, from whom a candidate borrows, and whether a candidate pays it back. There are very few restrictions.

What we see there is that if someone wants to be a senator, for instance, he or she starts from the fact he or she is going to have to raise millions and millions of dollars to get elected. Quite literally, and I know the Americans hate it when we say this, a person can buy an election at the senate and congressional levels in the United States, because effectively there are no limits on how much one can spend.

On paper it looks like there are some limits, which goes back to the accountability. The reality is that there are none because of the political action committee fundraising methodology they employ there.

We see this even in small states. Members may remember the incident in New Jersey involving an individual who was a multi-millionaire, almost a billionaire, and who spent something like $60 million in trying to buy his senate seat. And he did win it.

He swamped the opposition with advertising, with people working door to door, and with all kinds of promotional material. He was able to use all the things that we could use if we were allowed to spend that amount of money. However, anybody who does not have access to those sources of funds, either personally or through contacts, is in a totally impossible position in regard to making the democratic process function.

It really is important that we pass Bill C-29. I believe from the comments we have heard that it obviously is going to go through.

I want to finish with the caution I heard in that committee from both the province of Quebec and the province of Manitoba. We have to be eternally vigilant.

After the next election, we will have to look at this piece of legislation. We will have to look at the Federal Accountability Act, other political financing acts and other electoral processes to see if somebody has figured out a way to get around the rules. If so, then we will have to move again to close any loopholes that have developed.

The House resumed from June 13 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 / 1:30 p.m.
See context

Conservative

The Acting Speaker Conservative Royal Galipeau

It being 1:30 p.m., the House will now proceed to the consideration of private members' business as listed on today's order paper.

When we return to the study of Bill C-29, there will be four minutes left for questions and comments for the hon. member for Ottawa South.

Canada Elections ActGovernment Orders

June 13th, 2008 / 1 p.m.
See context

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 / 12:30 p.m.
See context

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 / 12:10 p.m.
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Bloc

Mario Laframboise Bloc Argenteuil—Papineau—Mirabel, QC

Mr. Speaker, I am happy to speak to Bill C-29, 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.

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 / 10:55 a.m.
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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 / 10:45 a.m.
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Liberal

Bob Rae Liberal Toronto Centre, ON

I will say to the hon. member that if we are on the other side, I hope we will not do what they have done to us. To change the contribution limits, when people ran campaigns on the assumption that financing would be possible, and then to change those rules and those limits in the middle of the game when we had all taken the personal risk that we take when we go into a leadership race, is simply disgraceful. I must confess that it has affected, for all time, my view of what the party opposite is really all about. I think I now understand what it is all about, what it is trying to do to us and what it is trying to do to the democratic process.

The Conservatives can shout down, heckle and comment any way they want but I will not be cowed nor bullied by them into not stating what I know to be the truth. The government opposite interfered in this process because it had a political agenda. That is what it is all about. There is no way that anyone in his or her right mind would support the government in any effort it makes with respect to the project that is now under way with Bill C-29 and the statements it is making about the current law with respect to Elections Canada.

The member opposite is not sitting in his chair and I am not sure he is allowed to heckle from anywhere in the House.

Canada Elections ActGovernment Orders

June 13th, 2008 / 10:05 a.m.
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Liberal

Derek Lee Liberal Scarborough—Rouge River, ON

Mr. Speaker, we are continuing debate on Bill C-29, which is a bill that the government has put forward to regulate loans made in political campaigns: elections, leadership contests and nominations.

It is an area that is probably not well understood by most people who do not participate in the political process. It is perhaps sometimes a little more complicated now than I think it needs to be, but nonetheless it is an area that does need some regulation. Federal laws have attempted to do that over the last few years.

I want to start by saying that a loan is actually integral to many campaigns. It is facilitatory to a campaign. It enables many campaigns to get up and running when there may not be sufficient funds at the beginning of the campaign.

The dynamic of a campaign varies in regard to candidate, place and circumstance, but in most campaigns there are a lot of expenses. I am talking first about campaigns for elections to the House of Commons. There are a lot of expenses at the front end of a campaign. I guess that is so in the business world too.

At the front end of a campaign, there are expenses. Perhaps one has to secure premises for a campaign office or pay cash for election signs and brochures. Deposits are required on telephones or other equipment such as computers and also on leases. At the front end of the campaign, there actually is a fair bit of uploading of the expenses.

Of course, the fundraising for a campaign can happen before the campaign, during the campaign and after the campaign, but the cash need is right at the beginning. Thus, there is the need for such a loan for most campaigns.

A lot of campaigns will have already fundraised and will have enough money to get going. Some members around here are fortunate enough to have raised enough money before the campaign even starts, keeping in mind that when we seek election to the House of Commons, there are election spending limits.

We all know pretty much what the spending limit is. For most of us, it is in the range of $70,000 or $80,000 per campaign. If a candidate has raised that at the beginning, he or she is ready to go, but what about those who have not?

For example, a member of Parliament is supposed to know roughly when an election is coming, and he or she can raise money. On the other hand, a candidate who is not an incumbent will often come in as a nominated candidate for a party that is not holding the riding. Often that person has not had a run-up of one, two, three or four years in raising money.

There is a conspicuous need in that case. A person who wants to run for Parliament for a party that has not held a riding may have a significant cash need at the beginning of a campaign. The only way to bridge that cash need is to borrow the money.

Over the past century, that money has come from friends or the father-in-law, or banks or other financial institutions, and we have managed to make do. However, recently there have been suggestions that there have been occasions when these loans have been given or granted and then, at some point after the event, they have been forgiven, so that the candidate who borrowed the money never actually had to pay the money back.

In our electoral system, that might be seen as unfair. I have a very extreme example, one that will probably never happen. Let us say that an individual says he or she is going to run for party A. Party A tells that individual not to worry, that the party will lend him or her the money to get going, and that Mr. X will lend the individual $50,000. They go through the campaign. When it is over, let us say that the candidate is unsuccessful and Mr. X says that is okay, it was his obligation to the party and he is forgiving the loan.

Let us contrast that situation with another individual who has raised $100 here and there and has worked hard and operated within the rules. It may be seen as quite unfair that a candidate or party has a rich friend who basically underwrites the whole thing and seems to circumvent what we now have, which is election contribution limits. For an individual, the limit is about $1,100 per person. A $50,000 loan lent and forgiven obviously circumvents the intent of the election contribution limits that we already have in law.

For some reason, though, notwithstanding that we have made some corrections in the past, the government party here still thinks that these loans are a big problem. It has come back with this legislation that knocks them down and almost squeezes them out of existence.

I have to say that most businesses need these types of loans. They are a part of how our economy operates. A campaign is no different. Many people have mortgages on their homes, car loans and lines of credit. Why would a campaign for the House of Commons or for a leadership not have the same kinds of financial needs? I think they do.

Under our Constitution, people who run for office ought not to be prejudiced or handicapped any more than an ordinary citizen out there doing other things, with reasonable constraints. I agree that any legislation which prevents forgiveness of a huge loan that would circumvent the election contribution limits should be established. That would be justifiable, in my view.

In this legislation, for some reason, the government, and I believe it is supported by one or two of the other opposition parties, sees a need to micromanage the loan situation, in my view overly, to the point where I think it may have crossed the line. I will explain this in my remarks a little later. Having started with the premise that we have to in some ways restrict the loan arrangements, I am suggesting that the provisions in this bill go way too far.

The amendments in this bill restrict the amount of a loan that an individual can make. I am not sure why that has to be. I can see why there is an election contribution limit, but if a loan has to be made and there has to be transparency and disclosure of it and it has to be repaid, I do not understand why it is necessary to restrict the amount that an individual can actually lend. It enforces a repayment regime. I question whether it is necessary to impose an actual time limited regime. In this case, the bill does that.

It does something else that in my view is quite insidious and unfair. The legislation says that if a loan is not repaid in a particular campaign, then the political party under which that person ran must assume that debt.

For the average citizen that may sound almost all right and what is the big deal, but if we go down to the riding level, where we have three, four or five parties running, not each of these parties running candidates at the local level are smooth-oiled machines. These are regular Canadians, some of them for the first time embarking on a run for office.

It is possible that a particular candidate may on his or her own volition, wittingly or unwittingly, borrow a ton of money. The main party may not know about it and the central campaign may not know about it. However, at the end of the time period, and it would be a sad comment on the individual, the individual could say, “To heck with it. I'm walking. I'm declaring bankruptcy”, and the main party would be stuck with that debt. That would create a huge liability contingency for all the political parties.

The large political parties, the Liberal Party of Canada, the Conservative Party of Canada, and I think the other parties represented in the House have fairly decent financial means. However, there are other political parties out on the street. Our Elections Act provides for that.

Those parties are being forced, under this legislation, to play by those same rules. I have a sense that it is unfair to impose that kind of a rule on a new or young political party. It could seriously damage it financially in a circumstance where the main party itself does not have control over what its candidates are spending and borrowing. There is no provision in our law that would allow that to happen. I could not conceive of one.

Therefore, this is a serious problem and I absolutely do not support that. I am going to do everything I can inside the House and outside, and later, to make sure this provision is not applied.

The next area I want to touch on has to do with the relationship between what this bill tries to do and our constitutional freedom. I am of the view that some of these provisions do not pass constitutional muster. I think they are vulnerable under our Constitution.

It is not clear to me that anyone has measured and assessed the constitutional implications of some of the measures in this bill. Certain parts of this legislation impose these loan restrictions. One in particular states that a candidate for nomination, or a candidate for office, or a candidate for leadership can only borrow from a financial institution. I think we have a problem.

As I said earlier, it is not clear to me why we have to restrict loans, coming only from financial institutions. It seems kind of reasonable, like we would just want to buy beer from a beer store or buy liquor from a liquor store. However, in terms of loans, this is a much different thing.

I have to say there is the perspective of the borrower, that is the candidate, which is pretty much the perspective that the government has imposed on this bill and which the other two opposition parties appear to be supporting. However, there is another perspective and that is the perspective of the lender. Of course, the lenders include everybody else in this country. We sometimes around this place focus a little too much on who we are as MPs and I am as guilty of that sometimes as others.

However, when we are talking about lending money to campaigns, it is everybody else in the country. It is all of the businesses, all of the financial institutions, all of the fathers-in-law that might lend money, or wherever we might borrow money. It is all of our citizens.

They have the right to all of our freedoms and the right to be unrestricted in what they do. I ask, why should an individual be restricted in lending money to a political campaign when a financial institution is not? What the heck are we doing? We curtail what a citizen can do, when we do not curtail what a financial institution can do. That is wrong. That is turning the whole thing on its head. In the government's rush to nail this area down with rules so restrictive, we will have to hire another army of accountants to police it.

The Conservatives have actually managed to abridge the rights and freedoms of Canadian citizens, and the only ones they wanted to leave out are the financial institutions. God love the financial institutions. We love them. We are indebted to them. We are in hock to them.

However, I have to say that the government and Parliament cannot abridge the freedoms of our citizens unless they do it properly under our Constitution. They can only abridge those freedoms, unless they do it, if they do it, for reasons that are demonstrably justifiable in a free and democratic society.

Who, on the government side, has articulated the demonstrably justifiable reasons for abridging the freedom of Canadians to participate in political campaigns, for example, by lending money, which has to be repaid, to a candidate?

There are many other types of lending institutions in society. They can lend money to buy cars. They can lend money to buy houses. They can lend money to take a bus trip, but they cannot lend money to one of the most vital institutions of our democracy, which is an election campaign.

I do not think I have heard this come up earlier, but it is a real issue for me and it has to be dealt with. The bill is at third reading. It is very tough to fix a bill at third reading, in fact we cannot.

I am inviting the other place, when it sees the bill, to review it with this perspective in mind. If the government cannot come up with reasons to abridge the rights and freedoms of Canadians out there in the way I just described it, that are demonstrably justifiable, then this provision that prohibits individuals from lending to political campaigns is not constitutionally enforceable, and it will go down. I will help to bring it down if I can. I am sure I will be able to help somewhere.

I ask the other place, when and if it has a chance to look at this bill, which I am sure it will if we pass it at third reading, to look at it.

There is a second side of the coin in insisting that only financial institutions can lend the money and it is this. We are forcing financial institutions to become partners on the street with political campaigns, and this our banks have never wanted to do. It is very difficult for them to do it. I do not know how we can force a bank manager in a particular riding to start picking and choosing between the Liberal Party, the Conservative Party, the New Democratic Party, the Bloc Québécois, and all of the other political parties. If they lend to one, do they have to lend to the others?

There is more than one bank, but this forces the banks, in a sense, to either politicize themselves or to be seen to be politicizing themselves, and this is not right either. This is a problem and I do not think that has been adequately articulated.

The bill should have had some fixes. The committee tried to fix the bill and I thought the bill had been fixed, but when we got it back to the House, the government party, in league with other parties, decided it would remove those amendments.

I am very concerned about the constitutionality of this and its impact on the street. I think we are making a mistake and for that reason I am not going to support the bill.

The House resumed from June 12 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 12th, 2008 / 5:30 p.m.
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Conservative

The Acting Speaker Conservative Royal Galipeau

It being 5:30 p.m., the House will now proceed to the consideration of private members' business as listed on today's order paper.

When we return to the study of Bill C-29, there will be nine minutes left for questions and comments with the hon. member for Nanaimo--Cowichan.

Canada Elections ActGovernment Orders

June 12th, 2008 / 5:10 p.m.
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NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

Mr. Speaker, I am pleased to speak in the House today to Bill C-29, An Act to amend the Canada Elections Act, accountability with respect to loans. I think the title, “accountability with respect to loans”, is something that is important to remind the House.

New Democrats will be supporting this legislation. I want to acknowledge the very good work that has been done by the member for Winnipeg Centre who, back in the early days of 2006 when the Conservative government introduced Bill C-2, the accountability act, attempted to have what we see in this bill as well as some other accountability measures introduced into that particular piece of legislation. At the time, however, the Conservative government did not see fit to include it.

However, some things have happened in the House over the last two years and the Conservatives now realize how important it is to talk about accountability with respect to political loans.

I want to put this a little bit into context. The former member from Ottawa Centre, Ed Broadbent, had put together a package back in 2005 called, “Cleaning Up Politics: Demanding Changes in Ethics and Accountability”. In a preamble to the document, he said:

When they find themselves in the midst of wrongdoing those with a vivid sense of right and wrong have feelings of remorse. On the other hand the defining characteristic of corruption is that feelings of remorse have been replaced by the impulse to deny, perpetuate and cover-up. The Liberal party is losing its sense of remorse.

That was in the context of 2005 when we were in the midst of the ad scandal and the Gomery inquiry. The context has changed somewhat in that the Liberals are now in opposition.

He went on in the preliminary introduction on this under the heading, “Demanding Changes in Ethics and Accountability”, to say:

Canadians are demanding changes in ethics and in accountability. They want a strong Canada resting on strong, ethically based institutions. They want honesty, fairness and transparency to be the rule, not the exception in political life.

In the context of the legislation before us, the legislation attempts, whether the attempt is real or unintended, to stop efforts to circumvent the very good rules that are currently in place in the Canada Elections Act to limit the amount of money that individuals can donate to a particular candidate.

Bill C-29 attempts to stop that circumvention of those rules by closing the loopholes that allowed businesses to loan money to political candidates and sometimes after a period of time those loans were forgiven.

I have heard members in the House talk about the fact that this legislation would damage women's opportunities to run for electoral office. I would argue that most women and men in this country want to ensure we are all playing by the same rules and part of those rules state that we do not get to circumvent the Canada Elections Act just because we happen to have a bunch of wealthy business people in our backyard, not that there is anything wrong with wealthy business people but we do not all have access to that kind of capital.

I would argue that Bill C-29 would level the playing field so that all candidates who run for either a nomination, leadership or political office, are all guided by the exact same rules. By closing this loophole to prevent candidates from either loaning themselves money or having businesses loan them money is a very good loophole to close.

We have had many instances in the House. I want to reference one example, in particular, by the member for Mississauga—Streetsville when he was a Liberal and his business donated nearly $240,000 to his riding association.

By any measure, any of us who could actually loan ourselves $240,000 or have a business friend loan our campaign $240,000 and not have to account for it in the normal process just does not seem fair, reasonable, transparent or ethical.

I applaud the Conservative government for bringing forward this legislation, again, based on the very good work that the member for Winnipeg Centre did in the past.

There are a couple of problems with the bill. The member for Winnipeg Centre has already talked about them, but it is important to highlight them.

One is that the bill is not retroactive and does not deal with the problems from previous loans that were made, like the Mississauga—Streetsville case that I talked about. Also, the bill would not be implemented until six months after it receives royal assent. In our current minority situation we could have an election at any time, so we would like to see that gap closed far more quickly.

One of the other problems we have talked about is with respect to accountability and ethics. I want to quote from a press release from July 5, 2006, issued by the member for Winnipeg Centre. He was talking about the fact that there was no age limitation. He was “urging senators to ignore Liberal appeals to amend the Federal Accountability Act by raising the age requirement for political donations to 18 years”.

In his release, he said:

This is not only a bad idea. It is a transparent attempt to divert attention away from the more serious problem with our election financing rules. We have seen Liberal leadership loans that look more like donations and the continued corporate sponsorship of leadership candidates.

The problem is not the age of donors so much as the source of the dough. It's already against the law to circumvent the donation limits by laundering money through someone else's bank account, whether that person is your grandson or your grandmother. The age issue is a red herring.

He went on to talk about the fact that he attempted to severely restrict political loans under the Federal Accountability Act. He said that “the current legislation is so vague it is evolving with every interpretation”. As only the member for Winnipeg Centre can say it, he said:

Those leadership loans are the equivalent of big money hijacking democracy. There's no collateral required, no repayment schedule registered, and the whole thing can be forgiven. How is that any different from a massive donation or corporate sponsorship?

The member for Winnipeg Centre clearly laid out some of the problems with the existing legislation and the attempts made in Bill C-29 to close those loopholes.

I also want to talk a bit more about changes in ethics and accountability. Again, because the bill is premised on the language around accountability with respect to loans, I think there are broader issues around accountability and ethics. We would welcome further changes to make sure that political candidates and political parties are all operating on the same level playing field that Canadians say is so important.

Ed Broadbent, the previous member for Ottawa Centre, made a number of suggestions in 2005. At that time, we thought we had agreement from the Liberal Party to move forward with some of those suggestions. However, as we were going into a process that would have had some broad public input across the country, the Liberal government of the day backed out of that agreement. I still think some of those proposals are relevant today.

Ethics and accountability cover every action of an elected representative. We are elected to this place as either an independent member or a member of a particular political party. We have a responsibility to our voters to fulfill our obligations. We run under a particular political banner. Should members choose to cross the floor, we feel strongly that any such members should resign and run for their new political party.

Under “Democratic Accountability for MPs”, Ed Broadbent said:

Democratic accountability should mean no MP can ignore his/her voters and wheel and deal for personal gain: MPs should not be permitted to ignore their voters' wishes, change parties, cross the floor, and become a member of another party without first resigning their seats and running in a by-election.

Wherever we can, we must put an end to backroom opportunism in politics.

In the context of political loans, I would say that many people would view them as backroom opportunism in politics. Bill C-29 would provide us with an opportunity to close that backroom door so that all Canadians who choose to run for office play by the same rules.

Comments have been made back and forth on the floor about transparent leadership contests. Under “Transparent Leadership Contests”, Mr. Broadbent said that we should:

Set spending limits and transparency conditions on leadership contests within political parties: Parties are largely financed by the taxpayer and the same principles pertinent to the public good should apply to the internal affairs of parties as they do to electoral competition between parties.

Canada has laws and regulations regulating the financing of general elections. There are limits and there is transparency.

Canadians want to see limits and transparency. They want to know where candidates get their money. They want to know that the same rules apply to all candidates. That should include leadership contests.

With regard to electoral reform, we are one of the few western democracies left with a first past the post system. Many members have spoken about this in the House.

I heard a member on the opposite side talk about increasing the ability of women to participate in the electoral process. There have been many studies done on systems of proportional representation. They consistently have found that in a system of proportional representation the participation of women in the electoral process increases.

Again, we have a minority Parliament. There is a government in place that talks about accountability. If we want to be accountable to Canadian citizens, we need to ensure that the representation in the House reflects the population. Therefore, we need to increase the participation of women in the House.

I am very proud to be a New Democrat. When we were elected in 2006, 41% of our party was women. New Democrats are very proud to run on that record. If each and every party in the House brought that same philosophy forward, we would make far better policy decisions.

Under “Electoral Reform”, Mr. Broadbent said:

--A major source of needed democratic reform is our outmoded first-past-the-post electoral system. There is a serious imbalance in the House of Commons in gender, ethnic, ideological, and regional voting preferences. Our present system does not reflect Canadian voters' intentions. Fairness means we need a mixed electoral system that combines individual constituency-based MPs with proportional representation. Most other commonwealth countries have already moved in that direction.

A major source of needed democratic reform is our outmoded first-past-the-post electoral system. In Canada every vote should matter. Ninety percent of the world's democracies, including Australia, New Zealand, Scotland, Ireland and Wales have abandoned or significantly modified the pre-democratic British system that still prevails in Ottawa.

As we amend the Canada Elections Act and closely examine some of the other factors that influence how candidates become members of Parliament, I would urge the House to consider reviewing a system of proportional representation as well, to make the system more open, transparent and accountable.

As for “Ending Unregulated Lobbying”, as Mr. Broadbent said, in talking about accountability and transparency, unregulated lobbying is one factor that many Canadians feel very uncomfortable with. Unregulated lobbying is an elitist kind of approach to getting in the back door of government. Mr. Broadbent, the former member for Ottawa Centre, said:

Unregulated lobbying and political cronyism must end: We need tougher laws requiring disclosure of fees and expenditures of lobbyists. We also need to make illegal the acceptance of contingency or profit-based fees. The government must initiate reforms with tough sanctions applicable to wrongdoing in the public sector.

Of course, he wrote this paper in 2005 when there was a different government.

With regard to ethical appointments, again we want openness and transparency. There has been a lot of controversy in the House over some of the appointments, but Mr. Broadbent called for ethical government appointments. He said:

--Unfair and unethical patronage practice must stop in the appointment of thousands of officials to federal agencies, boards, commissions and Crown Corporations. The New Democratic Party proposes that the government develop skills and competence-related criteria for all government appointments, that these criteria be publicly released and that committees scrutinize appointments.

Again, in the name of openness, transparency and accountability, I am sure Canadians would welcome a less patronage-driven appointment process so that Canadians would truly feel that they were getting the best possible person in each and every one of those jobs.

In reference to access to information, in the last two years we have seen even less access to information than we saw under the previous Liberal government. If Canadians do not have the right to know how decisions are being made and what kinds of factors influence them, it puts into question the government's claim of wanting a transparent, open and accountable government.

With regard to access to information, again, I know that the member for Winnipeg Centre has pushed for more open access to information. I know that many members of Parliament have had difficulties in getting information. We have had to complain to the Information Commissioner because information has been unreasonably delayed and denied. We have had to take that further step.

If members of Parliament have so much trouble getting information out of the government, can we imagine what it is like for the general public?

Mr. Broadbent spoke about access to information. Again, in his case he was referring to the previous Liberal government, but we have only seen it getting worse. He said:

The government is backtracking on reforms leading to greater public access to information.

He then listed a number of ways to open up access to information, which included: extending the act to crown corporations and agencies previously excluded; making ministers of the Crown, their exempt staffers and officers of Parliament subject to the act; bringing cabinet confidences under the act; improving public access to government records pertaining to third party contracts and public opinion polling; requiring government records that are more than 30 years old to be automatically opened; and so on. There are a number of other elements that he outlined in his paper.

Although we welcome Bill C-29 and it moves forward toward making sure that we do have a level playing field, the New Democratic Party and I look forward to legislation that continues on that path of accountability around the Canada Elections Act.

I would like to close by saying that in recent years we have seen a drop in voter turnout. One of the things that turns voters off, that turns Canadian citizens off from participating in the democratic process, is that they do not feel their government or their elected representatives are truly representing them here. Every effort we can make to say to Canadians that we are engaged in an open, transparent and accountable process must be applauded.

In conclusion, New Democrats will be supporting Bill C-29. We welcome this as a step forward in that accountable process so we can assure Canadian citizens that all people who are engaged in the electoral process are on a level playing field. We look forward to further legislation that supports this end.

Canada Elections ActGovernment Orders

June 12th, 2008 / 5:05 p.m.
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Liberal

Derek Lee Liberal Scarborough—Rouge River, ON

Mr. Speaker, I know I heard the Parliamentary Secretary to the Leader of the Government in the House of Commons refer to this assumed 18 month period for repayment of a loan. However, I must tell the House that I have read the statute. I have been an MP for about 20 years now and, with as much respect as I can cram into this, the parliamentary secretary is deluding himself and misleading the House and Canadians if he is saying that the current legislation requires loans in leadership contests to be repaid in 18 months.

The legislation refers to claims against the candidate that have to be made and paid within 18 months and there is a very clear provision that exempts loans from that class of financial translations for which there is a written agreement to pay within a period of time that extends out beyond the 18 months.

It is really unfair that a person who stands in the House as a parliamentary secretary representing the government, and I have heard other colleagues of his say this, would suggest that somehow the leadership loans that he referred to were not paid on time, when it is an illusion created by the Conservative members and misleads all of us.

Would the member care to relate those remarks to Bill C-29 that we are debating now?

Canada Elections ActGovernment Orders

June 12th, 2008 / 5 p.m.
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Liberal

Keith Martin Liberal Esquimalt—Juan de Fuca, BC

Mr. Speaker, we know that Bill C-29 is certainly aimed at dealing with how campaigns are financed and the borrowing of money. I would like to talk about that in the final moments of my speech.

All of us know very well and support the notion of ensuring that we have a situation where big money and deep pockets cannot affect public legislation and the production of legislation that we have in our country. It is something that all of us support.

In fact, we are thankful that in our country, unlike our friends south of the border and many of our citizens are aware of this, we do have limits on what we can actually spend in terms of an election, determined by the size of our ridings and the number of constituents that we have. We also have limits on what we can actually receive and what people can donate.

The problem is that the government has gone so far to one side on this particular issue that it is actually impeding the ability of ordinary citizens to donate moneys in a democratic environment and to provide financial resources that are required for people to run for public office.

That is not healthy in a democracy. Individual citizens must have the ability to fund, in a reasonable way, people who have chosen to put their lives on the line to run for public office. Unfortunately, what has happened with respect to the government and this bill, and previous bills attached to it, is that the restrictions that have been placed have nothing really to do at all with the ability of trying to remove any kind of influence with respect to money and the development of legislation.

I have been in this House almost 15 years and I have yet to see one case in this House of anybody from any political party somehow profiteering from being in this House and using moneys that they have received to change or affect legislation in the public interest. I have never seen that, and I would venture to say that nobody else in the House here has ever seen it either.

The reason for that is that we already have good checks and balances. We already have, thankfully, good restrictions on the connection between campaign finances and the ability of individuals who are running for office to receive those moneys, and I hope that continues.

In closing, I can only warn and implore the government that if it goes too far in this way, it is doing nothing that deals with public accountability. It is actually restricting a fundamental right of individuals to fund people who are running for public office and restricting the ability of individuals who want to run for public office to do so.

Canada Elections ActGovernment Orders

June 12th, 2008 / 4:55 p.m.
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Conservative

Tom Lukiwski Conservative Regina—Lumsden—Lake Centre, SK

Mr. Speaker, I rise on a point of order. I hate to interrupt my hon. colleague's presentation, but I am wondering, since we were talking about the relevance of Bill C-29 and in trying to get back to the topic of the bill we are supposed to be discussing, is the member trying to suggest that the science adviser, in some way, shape or form, has loaned the candidate some money? I just do not see the relevance. I cannot quite connect the dots, quite frankly, between what the member is speaking about and the bill we are supposed to be debating.

Mr. Speaker, I wonder if you could assure me that the member will continue with his final comments and be specific to Bill C-29, the bill we are supposed to be debating here.

Canada Elections ActGovernment Orders

June 12th, 2008 / 4:55 p.m.
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Conservative

The Acting Speaker Conservative Andrew Scheer

I would perhaps remind the hon. member that we are at third reading stage of Bill C-29, so if he could bring his remarks as closely as possible to the bill, recognizing that it is at third reading, I think the House would appreciate that.

The hon. member for Esquimalt—Juan de Fuca.

Canada Elections ActGovernment Orders

June 12th, 2008 / 4:50 p.m.
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Conservative

Tom Lukiwski Conservative Regina—Lumsden—Lake Centre, SK

Mr. Speaker, as reticent as I was to interrupt my hon. colleague whose speeches I always enjoy listening to, I find it once again a common occurrence with the hon. member that the relevance of the topic seems to be lacking from the presentation. I know we are here to discuss Bill C-29 and I am wondering whether the hon. member could perhaps get back on topic. It would make his final comments much more enjoyable.

Canada Elections ActGovernment Orders

June 12th, 2008 / 4:20 p.m.
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Liberal

Alan Tonks Liberal York South—Weston, ON

Mr. Speaker, I pleased to have the opportunity to speak to Bill C-29. I think I echo the sentiment of all members that the House desires, very emphatically, to have an election system that is more open, transparent and clear. That is why the Liberals supported the general principle of the bill, which was brought forward to improve accountability for candidates to report loans taken during election campaigns.

Unfortunately, that is not what we get with the bill as it is presently amended. We will end up with severe limitations on the number and types of people who can run due to the fact that, believe it or not, the banks will essentially have the greatest decision-making power on the amount of financial support any given candidate can receive for his or her campaign. This is on the basis that different people have different income levels, equity levels and capacities to borrow money from banks. It is a fact.

The government continues to repeat that Bill C-29 would finally stop the undue influence of wealthy contributors who were supposedly skirting Elections Act donation limits through the use of personal loans. The bill would disadvantage potential candidates not only of the Liberal Party but of all parties. It would limit access to participation in political leadership for many Canadians.

As I have said once before when I spoke on this, we all want an electoral system that is more accountable, but what is really important is that this system of electoral accountability not limit access to different candidates who want to participate but have lower income status. The kind of accountability proposed by the government's amendments to the bill simply does not bridge accountability with equitable, fair and democratic accessibility.

Let us review the amendments proposed by the government and their impact.

First, the government wants to prohibit the possibility for individuals to make annual contributions to a leadership candidate. For a government that claims it wants Canadians to have more freedom in when and how they spend their money, this prohibition seems not to be consistent.

Second, the government proposes that all loans be repaid annually rather than at the point when the loan becomes due. Again, that does not seem to make sense since what we will end up with is an artificial limit on repayment. So much for the concept of freedom of contract.

Considering the fact that elections can be called at different times during the year and that leadership campaigns can last more than a year, it does not make sense to have someone pay off a loan before the time limit established by the loan contract. I am not sure if the government is aware that the amendments are inconsistent with the stated objectives of the legislation and will be viewed by many as narrowly inclusive, rigid and elitist.

Let us consider how much energy it would take for a successful candidate to work on repaying a loan at the end of the year rather than work on more broadly based repayment timeframes. It is totally unnecessary for anyone to have to focus on repaying by the end of a fiscal year if that was not the arrangement contracted with the lender.

Incidentally, the government wants to delete, as my colleague has said, the Bloc amendment that removed liability from registered political parties for loans taken by candidates. Again, I ask the House if it really makes sense to set up a system of responsibility for registered political parties and riding associations regardless of whether they are aware that the candidate has taken out a loan at the bank. I emphasize that making one entity answerable for the personal debt of an individual does not sound reasonable.

Let us review what we on this side have done to improve the electoral laws and what the Conservative Party has done by contrast.

Our party has shown good faith in bridging those principles that I mentioned. We have demonstrated that we want to improve electoral laws. After all, the Liberal Party was the party that passed a bill aimed at limiting the role of businesses and unions in the financing of elections, Bill C-24, in 2003.

In addition, during the last leadership campaign of the Liberal Party, all candidates stated publicly all loans received by their campaigns and they went beyond the requirements set by Elections Canada in this regard.

Recent difficulties faced by the government should dictate greater sensitivity as opposed to the kind of influence that seems to be drawn into the bill. The Prime Minister, for example, has found it difficult to report his leadership campaign contributions, going back to 2002, and there must be some legitimate reason for that.

While we are talking about the Conservative Party's record and following elections laws, let us not forget to mention the efforts of the MP for Nepean—Carleton to denounce Liberal leadership candidates. He has demonstrated, in my opinion, a really inconsistent understanding of the legislation that he is purporting and that the government is bringing forward. For example, he has been declaring that Elections Canada is not impartial.

The member said that the member for Saint-Laurent—Cartierville and other Liberal Party members were acting illegally by actually following Elections Canada regulations with respect to loan repayment extension requests.

With all this grandstanding, one would think the government would have proposed limits on repayment that would reflect its convictions. Despite what the member for Nepean—Carleton might claim, members of his own party have been in hot water over loan repayments. That is why I am focusing on this, because there must be a problem with the loan repayment regime.

Elections Canada has records of five Conservative candidates with loans that remained unpaid 18 months after the 2006 election. I am not saying that because I am dumping on those candidates. I feel for them. There must be reasons why they cannot repay those loans within that period of time, and this legislation will not help. In three of those cases, the donations exceed the legal maximum of the $5,400.

The government solution to its electoral rule breaking problems is to try to come up with new rules that are inconsistent with reasonable practice. The only thing that is clear is the government appears to be taking a “do as I say, not as I do” approach. How can Canadians believe in the legislation if it does not match and bridge its principles with the objectives to which I alluded?

The Liberal Party supports legislation that would make all candidates more accountable. Unfortunately Bill C-29 will limit campaign funding conditions so severely that many people, considering participating in the political process and representing their communities, will be excluded from this option.

Is that what we want to accomplish? Do we want to exclude people from all walks of life the opportunity to run for public office? The legislation, whether it means to or not, in fact will do that. Furthermore, do we want to put the power to determine one person's chance to participate in politics simply on the basis of his or equity positions, on income levels, and let the banks determine that? Do we want to give the banks that kind of power in our political process? I do not think so.

The Liberal Party supports measures to make Canadians more confident in their politicians by seeking to approve the accountability of the electoral process. The government put that forward as a first principle and we supported this going to committee because we agreed. However, we cannot support a bill that will end up limiting the opportunities of so many Canadians who may have and hopefully will have the desire to campaign and participate in our democratic process.

Therefore, I really would hope that the government would reflect on the restrictive nature of the reforms it is advocating and see that they are inconsistent with the objectives the government has put forward in terms of transparency and accountability. They do not guarantee more accessibility for a broader cross-section of Canadians to involve themselves in politics in our great country.

Canada Elections ActGovernment Orders

June 12th, 2008 / 4:20 p.m.
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Bloc

Bernard Bigras Bloc Rosemont—La Petite-Patrie, QC

Mr. Speaker, if the governing party had carefully studied our proposed amendments to Bill C-29, we would not be here. I am thinking in particular of the amendment that the Conservatives and the NDP unfortunately defeated regarding political parties' responsibility for their candidates' debts. The governing party defeated the Bloc Québécois motion and the amendment to Bill C-29, unfortunately with the help of the NDP. If we had been able to get consensus on these issues, the Senate would very likely have discussed and studied the bill much more quickly.

I do not know what is going to happen in the Senate, but it is clear that when the House of Commons is missing opportunities and the NDP and Conservatives are joining together to defeat a motion supported by the Liberals and the Bloc—which I felt was a no-brainer—then it is inevitable that the Senate will have major debates on Bill C-29.

We do not know how the debate will go in the Senate, and we cannot speculate, but I hope that the Senate will consider the amendments that were introduced here by the Bloc Québécois but were unfortunately defeated by the members and the opposition party on the other side of the House.

Canada Elections ActGovernment Orders

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

Bernard Bigras Bloc Rosemont—La Petite-Patrie, QC

Mr. Speaker, this government is characterized by its culture of secrecy and entitlement.

Just as with Bills C-2 and C-54, it is clear that the government hopes to be able to get around the established rules and give itself an out with Bill C-29. We have a legislative process in place, and we must study Bill C-29. It was a golden opportunity to make these amendments. However, it is clear from the government's stubbornness that there is a lack of transparency on the other side of the House, and we think that is too bad. These amendments and changes should have been made in Bills C-2 and C-54. Bill C-29 gives us that opportunity, but unfortunately this government has missed the boat.

Canada Elections ActGovernment Orders

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

Bernard Bigras Bloc Rosemont—La Petite-Patrie, QC

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

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

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

Canada Elections ActGovernment Orders

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

Bernard Bigras Bloc Rosemont—La Petite-Patrie, QC

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

This is how he put it:

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

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

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

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

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

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

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

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

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

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

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

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

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

Canada Elections ActGovernment Orders

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

Judy Sgro Liberal York West, ON

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Canada Elections ActGovernment Orders

June 12th, 2008 / 3:20 p.m.
See context

York—Simcoe Ontario

Conservative

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

moved that Bill C-29, An Act to amend the Canada Elections Act (accountability with respect to loans), be read the third time and passed.

Mr. Speaker, funding of political campaigns has changed dramatically over the years. It is no longer acceptable for political bagmen to go cap in hand to wealthy individuals and powerful interests seeking contributions for a political campaign. Our government understood that this era was over. After hearing tales of bags of cash exchanging hands between Liberals during the Gomery inquiry into the sponsorship scandal, the Canadian public demanded action. They demanded that big money be eliminated from the political process.

Upon taking office, we delivered with the toughest anti-corruption legislation in Canadian history, the Federal Accountability Act.

The Federal Accountability Act limited individual political contributions to $1,000—$1,100 in 2008—and prohibited cash donations of more than $20, secret trusts and corporate and union donations.

These changes applied to all types of political entities: political parties, registered associations, leadership candidates, local candidates and nomination contestants.

The Federal Accountability Act levelled the playing field. After it was passed and various amendments to campaign financing legislation took effect, the government believed that the era of political fundraisers was over and that rich and powerful interests could no longer unduly influence the political process.

Some people say that money in politics is like water on concrete: it finds every crack and every crevice through which to flow. Watching the Liberal leadership contest, Canadians found this out the hard way.

The Liberal Party, after relying for years on massive donations from huge corporations, found it difficult to operate in a system that relies on the contributions of ordinary, hard-working Canadian individuals. As a result, while the Federal Accountability Act was proceeding through the legislative process, Liberal leadership contestants discovered a loophole that allowed them to borrow unlimited amounts of money from corporations, unions and wealthy individuals. This loophole effectively allowed candidates to circumvent campaign contribution limits by accepting massive personal loans and resulted in Liberal leadership candidates mortgaging themselves to powerful, wealthy, vested interests.

The accidental Leader of the Liberal Party borrowed $705,000. The accidental Canadian, the member for Etobicoke—Lakeshore, borrowed $570,000. The accidental Liberal, the member for Toronto Centre, borrowed $845,000, and of that, $720,000 came from his brother, John Rae, an executive with Power Corp. and a powerful Liberal insider.

In addition, Gerard Kennedy borrowed over $450,000. The member for Vaughan borrowed over $450,000. The member for York Centre borrowed $300,000. The member for Eglinton—Lawrence borrowed over $240,000. The member for Kings—Hants borrowed $200,000. The member for Vancouver Centre borrowed over $150,000. The member for Willowdale borrowed $130,000. The member for St. Paul's borrowed nearly $40,000.

Collectively, the Liberal leadership candidates borrowed millions of dollars to finance their campaigns. By exploiting the loophole in the Canada Elections Act, they were able to skirt campaign contribution limits that expressly sought to end this sort of undue influence by rich, powerful individuals.

In short, the Liberal leadership contestants showed Canadians that big money found a back door into the political process. More important, it also became clear there was a possibility that rich, wealthy individuals could write off a loan as uncollectable if it was consistent with their lending practices, even if they had no such established practices.

In effect, people could lend money to leadership campaigns and then after 18 months could say the debt was uncollectable and simply write it off. This could result in a massive contribution to a campaign which would far exceed someone's individual contribution limit. Under the current law, this could actually happen.

Now that the loophole and its potential consequences were clear, the government decided to act. The government was not going to sit by idly and allow the Liberal Party to undermine the Federal Accountability Act, especially after the Liberal leader was victorious in his leadership contest, financing nearly half of his campaign with massive personal loans from individuals.

In the first session of this Parliament, we introduced the accountability with respect to loans bill, which at that time was Bill C-54. After prorogation of the first session, that bill became Bill C-29 in this session of Parliament. My speech today opens debate on this bill at third reading.

While I have mentioned the various elements of the bill during previous speeches in this House, I will quickly run through the proposed changes once again.

First, in accordance with the Federal Accountability Act, it limits the amount that an individual can lend to or guarantee on behalf of a campaign to the contribution limit of an individual, or $1,100 in 2008. In addition, the combined total of loans and gifts from an individual cannot exceed the contribution limit of $1,100.

Second, it prohibits unions and corporations from lending money to political entities, which is also in keeping with the provisions of the Federal Accountability Act.

Third, it establishes a standard procedure for reporting loans, which applies to all political entities—associations, candidates and parties. This procedure will replace the provisions of the current act, which provides different rules for the various political entities.

Fourth, riding associations will automatically assume responsibility for the debt of local candidates should the latter be unable to repay their loans. Hence, candidates will no longer be able to evade their responsibilities.

Those are the four major changes originally in the bill. Further changes were made as the bill passed through the legislative process.

First, the time period for the repayment of loans was extended to three years from eighteen months. The government opposed this change at committee, but in the spirit of cooperation, we agreed to the amendment so that the bill could move forward.

Second, the bill was amended so that if an individual's loan was paid back within a given year, he or she could still donate up to the contribution limit.

Third, the bill was amended to require the Chief Electoral Officer to hear representations from affected interests before making a determination about a deemed contribution. This change, although technical in nature, would ensure certainty, uniformity and procedural fairness in dealings with Elections Canada.

Now that the bill is in its final form in the House, the first question we have to ask ourselves is this. Does this solve the identified problem and close the loophole? The answer is yes.

Under our bill, only accredited financial institutions would be able to lend money beyond the contribution limit and only at commercial rates with terms and conditions fully disclosed. No longer would leadership contestants be able to accept massive personal loans from friends, family and vested interests to finance their campaigns.

The bill would also prevent a situation from occurring where a lender could have the power of deciding whether a leadership candidate broke the law. Under the current law, one of the options for seeking an extension of a loan is to have a binding agreement to pay. As a result, the lender, by the fact that they can choose to sign the agreement or not, can decide whether a leadership contestant breaks the law. A loan is deemed to be a contribution after 18 months unless Elections Canada grants an extension.

Under our bill, this could no longer happen. Individuals could only lend or contribute a total of $1,100. Therefore, if after 18 months, a loan had not been repaid and it was deemed to be a contribution, an individual's contribution limit would not be exceeded.

While our bill would improve accountability and increase transparency, recently there has been some criticism that it does not really change anything. That is simply not the case. The criticism is in fact misplaced.

I will point to the following. Under the current law, wealthy elites can exploit a loophole and land unlimited amounts of money to leadership contestants. Under our bill, that would no longer be possible. Individual loans would be limited to $1,100.

Under the current law, unions and corporations, although prohibited from making contributions or donations to political parties, can, however, still participate by lending unlimited amounts of money to leadership contestants, candidates, parties and associations. Under our bill, that would no longer be possible. Unions and corporations would be banned from lending money to political entities in the same fashion as they would be already prohibited from making contributions.

Those are two significant changes to the way political campaigns are financed in our country.

The government understands that loans have a role to play in the financing of political parties, candidates and associations.

The government is opposed to a situation where individuals, unions or corporations are able to provide loans in order to exercise undue influence on the political process.

If a leadership candidate, local candidate or major national party wants to collect more money than the amount set out in the act, it should go to an approved financial institution, borrow money at the commercial interest rate, then disclose in full the terms of the loan in an open and transparent way. This practice works well in a number of provinces. Why do this? Because it is the job of an approved financial institution to assess risk and lend money. It has established lending practices and is accountable to its shareholders for the loans it approves.

Furthermore, the government does not believe that political entities should be authorized to borrow hundreds of thousands of dollars from rich individuals, who do not usually lend money, who have no established lending practices and who are not accountable to anyone for the loans they make.

The government does not believe political entities should be allowed to borrow hundreds of thousands of dollars from multi-individuals who do not normally lend money, who have no established lending practices and who are accountable to no one but their own interests for the loans that they make.

In the last election Canadians sent us a message.They want to end the influence of big money in the political process in Canada. They want greater accountability, increased transparency and, most important, a level playing field.

Our accountability with respect to loans bill will achieve this by closing the loophole that gives rich, powerful interests an opportunity to exert undue influence in the political process.

Before I close, I want to thank the hon. member for Winnipeg Centre for his considerable support and assistance in ensuring that the bill was able to make it through the process to this stage. I am hopeful and optimistic that when it reaches the Liberal dominated Senate, that it will respect the importance of a decision taken by the House of Commons with regard to elections for members to the House of Commons and the rules that govern them. I hope senators will not take the opportunity to obstruct and delay the bill in their party's partisan interests, but will in fact respect a decision of the House of Commons about how the House of Commons should be elected.

I urge all members of the House to work with the government to pass the bill and take another step toward eliminating the undue influence of big money from Canadian politics, and I hope that we will do that very soon.

The House resumed from June 9 consideration of Bill C-29, An Act to amend the Canada Elections Act (accountability with respect to loans), as reported (with amendment) from the committee, and of the motions in Group No. 1.

Extension of Sitting HoursRoutine Proceedings

June 9th, 2008 / 4 p.m.
See context

Bloc

Pierre Paquette Bloc Joliette, QC

Mr. Speaker, I will start off by saying that the Bloc Québécois, like the official opposition, and like—I believe—the NDP, will opposed the motion by the Leader of the Government in the House of Commons to extend the sitting hours, for a number of reasons.

First, it is important to remember—and this was mentioned by the House leader of the official opposition—that the government and the Leader of the Government in the House of Commons have been completely unwilling to negotiate and cooperate. Usually, when Parliament is running smoothly, the leaders meet and agree on some priorities, some items and some ways of getting them done. But since the start of this session, or at least since September, House leaders' meetings on Tuesday afternoons have simply been meetings where we hear about a legislative agenda, which, within hours after we leave the meeting, is completely changed.

That is not how we move forward. Now the government can see that its way of doing things does not produce results. In fact, I think that this is what the government wanted in recent weeks, to prevent Parliament, the House of Commons and the various committees from working efficiently and effectively.

As I was saying, usually such motions are born out of cooperation, and are negotiated in good faith between the government and the opposition parties. But we were simply told that today a motion would be moved to extend the sitting hours, but with no information forthcoming about what the government's priorities would be through the end of this session, until June 20.

This was a very cavalier way to treat the opposition parties. And today, the Leader of the Government in the House of Commons and the Conservative government are reaping the consequences of their haughty attitude. As the saying goes, he who sows the wind, reaps the whirlwind. That is exactly what has happened to the Conservatives after many weeks of acting in bad faith and failing to cooperate with the opposition parties.

In this case, the Leader of the Government in the House of Commons—and earlier I mentioned his arrogance, which, to me, has reached its peak today with the way the motion was moved—gave us no indication as to his government's priorities from now until the end of the session, despite the fact that he was pointedly questioned about that matter. What we did receive was a grocery list with no order, no priorities. As the leader of the official opposition said earlier, when everything is a priority, it means that nothing is.

That is the current situation: they gave us a list of bills which, in fact, included almost all of the bills on the order paper. Not only were things not prioritized, but in addition, as I mentioned before, it showed a disregard for the opposition parties. There is a price to pay for that today—we do not see why the government needs to extend the sitting hours.

Not only was the grocery list not realistic, but also it showed that the government has absolutely no priorities set. The list includes almost all of the bills, but week after week, despite what was said during the leaders' meetings, the order of business changed. If the order of business changes at the drop of a hat, with no rhyme or reason, it means that the government does not really have priorities.

I am thinking about Bill C-50, a bill to implement the budget, which we waited on for a long time. The government is surprised that we are coming up to the end of the session and that it will be adopted in the coming hours. However, we have to remember that between the budget speech and the introduction of Bill C-50, many weeks passed that could have been spent working on the bill.

As I mentioned, the list presented to us is unrealistic. It shows the arrogance of this government, and furthermore, the order of the bills on the list is constantly changing. We feel this is a clear demonstration of this government's lack of priority.

In light of that, we can reach only one conclusion: if the Leader of the Government in the House of Commons and Minister for Democratic Reform cannot present us with his government's legislative priorities as we near the end of this session, in effect, it means that his government has no legislative priorities. It has no long-term vision. Its management is short sighted, very short sighted indeed. I would even say it is managing from one day to the next. From my perspective, this can mean only one thing: it has no legislative agenda. When we have before us bills dealing with only minor issues, this is what that means.

Proof of this lack of legislative agenda is easy to see, considering the current state of this government's agenda. An abnormally small number of bills for this time of year are currently before the House at the report stage and at third reading. Usually, if the government had planned, if it had been working in good faith and had cooperated with the opposition parties, in these last two weeks remaining before the summer recess, we should have been completing the work on any number of bills.

Overall, as we speak there are just five government bills that are ready to be debated at these stages, in other words, report stage or third reading stage. Among those, we note that Bill C-7, which is now at third reading stage, reached report stage during the first session of the 39th Parliament, in other words in June 2007. It has been brought back to us a year later. And that is a priority? What happened between June 2007 and June 2008 to prevent Bill C-7 from getting through third reading stage? In my opinion, we should indeed finish the work on Bill C-7, but this truly illustrates the government's lack of planning and organization.

As far as Bill C-5 is concerned, it was reported on by the Standing Committee on Natural Resources on December 12, 2007, and voted on at report stage on May 6, 2008. Again, a great deal of time, nearly six months, went by between the tabling of the report and the vote at this stage, which was held on May 6, 2008, while the report was tabled on December 12, 2007.

Finally, Bills C-29 and C-16 were both reported on by the Standing Committee on Procedure and House Affairs roughly six months ago.

All these delays of six months to a year force us to conclude that these bills are not legislative priorities to this government.

It would be great to finish the work on these four or five bills, but let us admit that we could have finished it much sooner.

This lack of legislative priority was even more apparent before question period when the House was debating second reading of Bill C-51 on food and drugs. Next on the agenda is second reading of Bill C-53 on auto theft.

If these five bills were a priority, we would finish the work. But no, what we are being presented with are bills that are only at second reading stage. This only delays further the report stage or third reading of the bills I have already mentioned. If we were serious about this, we would finish the work on bills at third reading and then move on to bills that are at second reading.

Furthermore, if its legislative agenda has moved forward at a snail's pace, the government is responsible for that and has only itself to blame, since it paralyzed the work of important committees, including the justice committee and the procedure and House affairs committee, to which several bills had been referred. And then they dare make some sort of bogus Conservative moral claim, saying that we are refusing to extend sitting hours because we do not want to work. For months and months now, opposition members, especially the Bloc Québécois, have been trying to work in committee, but the government, for partisan reasons, in order to avoid talking about the Conservative Party's problems, has been obstructing committee work.

Earlier, the NDP whip spoke about take note debates.

Once again, it is not the opposition that is refusing to work on issues that are important to Canadians and Quebeckers. Rather, it is the government that refuses to allow take note debates, because of partisan obstinacy. In that regard, we clearly see that the argument presented by the Leader of the Government in the House of Commons and Minister for Democratic Reform is mere tautology or a false argument. In fact, it was the Conservative Party, the Conservative government, that slowed down the work of the House and obstructed the work of several committees.

Not only is the government incapable of planning, vision, cooperation and good faith, but furthermore, its legislative agenda is very meagre and does not in any way warrant extending the sitting hours. In addition, the Bloc Québécois sees many of the bills that are now at the bottom of the list as problematic, but if we extend the sitting hours, we will end up having to examine them.

Take Bill C-14, for example, which would permit the privatization of certain Canada Post activities. Do they really think that sitting hours will be extended to hasten debate on a bill that threatens jobs and the quality of a public service as essential as that provided by the Canada Post Corporation? That demonstrates just how detrimental the Conservatives' right-wing ideology is, not just to public services but to the economy. Everyone knows very well—there are a large number of very convincing examples globally—that privatizing postal services leads to significant price increases for consumers and a deterioration in service, particularly in rural areas.

I will give another example, that of Bill C-24, which would abolish the long gun registry even though police forces want to keep it. Once again, we have an utter contradiction. Although the government boasts of an agenda that will increase security, they are dismantling a preventtive tool welcomed by all stakeholders. They are indirectly contributing to an increase in the crime rate.

These are two examples of matters that are not in step with the government's message. It is quite clear that we are not interested in extending sitting hours to move more quickly to a debate on Bill C-24.

I must also mention bills concerning democratic reform—or pseudo-reform. In my opinion, they are the best example of the hypocrisy of this government, which introduces bills and then, in the end, makes proposals that run counter to the interests of Quebec in particular.

Take Bill C-20, for example, on the consultation of voters with respect to the pool of candidates from which the Prime Minister should choose senators. Almost all the constitutional experts who appeared before the committee currently studying Bill C-20 said that the bill would do indirectly what cannot be done directly. We know that the basic characteristics of the Senate cannot be changed without the agreement of the provinces or, at the very least, without following the rule of the majority for constitutional amendments, which requires approval by seven provinces representing 50% of the population.

Since the government knows very well that it cannot move forward with its Senate reforms, it introduced a bill that would change the essential characteristics of the Senate, something prohibited by the Constitution, on the basis of some technicalities.

It is interesting to note that even a constitutional expert who told the committee that he did not think the way the government had manipulated the bill was unconstitutional admitted that the bill would indirectly allow the government to do what it could not do directly.

They are playing with the most important democratic institutions.

A country's Constitution—and we want Quebec to have its own Constitution soon—is the fundamental text. We currently have a government, a Prime Minister and a Leader of the Government in the House of Commons who are manipulating this fundamental text— the Canadian Constitution—in favour of reforms that would satisfy their supporters in western Canada.

We do not want to rush this bill through the House by extending the sitting hours. It is the same thing for Bill C-19, which, I remind members, limits a Senator's tenure to eight years.

These two bills, Bill C-19 and Bill C-20, in their previous form, meaning before the session was prorogued in the summer of 2007, were unanimously denounced by the Quebec National Assembly, which asked that they be withdrawn. It is rather ironic that the federal government recognized the Quebec nation and then decided to introduce two bills that were denounced by the Quebec National Assembly.

I must say that the two opposition parties are opposed to Bill C-20, albeit for different reasons. Thus, I do not think it would be in the best interests of the House to rush these bills through, since we are far from reaching a consensus on them.

I have one last example, that is, Bill C-22, which aims to change the make-up of the House of Commons. If passed, it would increase the number of members in Ontario and in western Canada, which would reduce the political weight of the 75 members from Quebec, since their representation in this House would drop from 24.4% to 22.7%. It is not that we are against changing the distribution of seats based on the changing demographics of the various regions of Canada. We would like to ensure, however, that the Quebec nation, which was recognized by the House of Commons, has a voice that is strong enough to be heard.

The way things are going today, it is clear that in 10, 15 or 20 years, Quebec will no longer be able to make its voice heard in this House. We therefore believe we must guarantee the Quebec nation a percentage of the members in this House. We propose that it be 25%. If people want more members in Ontario and in the west, that is not a problem. We will simply have to increase the number of members from Quebec to maintain a proportion of 25%. There are a number of possible solutions to this.

Once again, I would like to point out that we introduced a whole series of bills to formalize the recognition of the Quebec nation, including Bill C-482, sponsored by my colleague from Drummond. That bill sought to apply the Charter of the French Language to federally regulated organizations working in Quebec. That was for organizations working in Quebec, of course. At no time did we seek to control what happens elsewhere in Canada. The bill would have given employees of federally regulated organizations the same rights as all employees in Quebec, that is, the right to work in French.

Unfortunately, the bill was defeated, but we will try again. Once again, the fact that Bill C-482 was defeated does not mean we are about to throw in the towel and let Bills C-22, C-19, and C-20 pass just like that. As I said earlier, we will certainly not make things easy for the government by rushing debate on these bills here.

And now to my fourth point. I started out talking about the government's lack of cooperation, vision and planning, not to mention its bad faith. Next, I talked about its poor excuse for a legislative agenda. Then I talked about the fact that we find certain bills extremely problematic. We will certainly not be giving the government carte blanche to bring those bills back here in a big hurry before the end of the session on June 20. Our fourth reason is the government's hypocrisy, in a general sense.

This has been apparent in many ways, such as the government's attitude to certain bills. I would like to mention some of them, such as Bill C-20. I cannot help but mention Bills C-50 and C-10 as well.

Bill C-50, the budget implementation bill, makes changes to the Minister of Citizenship and Immigration's powers, but that is not what the debate is about. Bill C-10, which introduces elements that allow the Conservative government—

Extension of Sitting HoursRoutine Proceedings

June 9th, 2008 / 3:10 p.m.
See context

York—Simcoe Ontario

Conservative

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

Mr. Speaker, I would like at this time to move the standard motion that can be made only today. I move:

That, pursuant to Standing Order 27(1), commencing on Monday, June 9, 2008, and concluding on Thursday, June 19, 2008, the House shall continue to sit until 11:00 p.m.

Mr. Speaker, as I indicated last week in answer to the Thursday statement, this is we have work to do week. To kick off the week, we are introducing the customary motion to extend the daily sitting hours of the House for the final two weeks of the spring session. This is a motion which is so significant there is actually a specific Standing Order contemplating it, because it is the normal practice of this House, come this point in the parliamentary cycle, that we work additional hours and sit late to conduct business.

In fact, since 1982, when the House adopted a fixed calendar, such a motion has never been defeated. I underline that since a fixed calendar was adopted, such a motion has never been defeated. As a consequence, we know that today when we deal with this motion, we will discover whether the opposition parties are interested in doing the work that they have been sent here to do, or whether they are simply here to collect paycheques, take it easy and head off on a three month vacation.

On 11 of those occasions, sitting hours were extended using this motion. On six other occasions, the House used a different motion to extend the sitting hours in June. This includes the last three years of minority government.

This is not surprising. Canadians expect their members of Parliament to work hard to advance their priorities. They would not look kindly on any party that was too lazy to work a few extra hours to get as much done as possible before the three month summer break. There is a lot to get done.

In the October 2007 Speech from the Throne, we laid out our legislative agenda. It set out an agenda of clear goals focusing on five priorities to: rigorously defend Canada's sovereignty and place in the world; strengthen the federation and modernize our democratic institutions; provide effective, competitive economic leadership to maintain a competitive economy; tackle crime and strengthen the security of Canadians; and improve the environment and the health of Canadians. In the subsequent months, we made substantial progress on these priorities.

We passed the Speech from the Throne which laid out our legislative agenda including our environmental policy. Parliament passed Bill C-2, the Tackling Violent Crime Act, to make our streets and communities safer by tackling violent crime. Parliament passed Bill C-28, which implemented the 2007 economic statement. That bill reduced taxes for all Canadians, including reductions in personal income and business taxes, and the reduction of the GST to 5%.

I would like to point out that since coming into office, this government has reduced the overall tax burden for Canadians and businesses by about $190 billion, bringing taxes to their lowest level in 50 years.

We have moved forward on our food and consumer safety action plan by introducing a new Canada consumer product safety act and amendments to the Food and Drugs Act.

We have taken important steps to improve the living conditions of first nations. For example, first nations will hopefully soon have long overdue protection under the Canadian Human Rights Act, and Bill C-30 has been passed by the House to accelerate the resolution of specific land claims.

Parliament also passed the 2008 budget. This was a balanced, focused and prudent budget to strengthen Canada amid global economic uncertainty. Budget 2008 continues to reduce debt, focuses government spending and provides additional support for sectors of the economy that are struggling in this period of uncertainty.

As well, the House adopted a motion to endorse the extension of Canada's mission in Afghanistan, with a renewed focus on reconstruction and development to help the people of Afghanistan rebuild their country.

These are significant achievements and they illustrate a record of real results. All parliamentarians should be proud of the work we have accomplished so far in this session. However, there is a lot of work that still needs to be done.

As I have stated in previous weekly statements, our top priority is to secure passage of Bill C-50, the 2008 budget implementation bill.

This bill proposes a balanced budget, controlled spending, investments in priority areas and lower taxes, all without forcing Canadian families to pay a tax on carbon, gas and heating. Furthermore, the budget implementation bill proposes much-needed changes to the immigration system.

These measures will help keep our economy competitive.

Through the budget implementation bill, we are investing in the priorities of Canadians.

These priorities include: $500 million to help improve public transit, $400 million to help recruit front line police officers, nearly $250 million for carbon capture and storage projects in Saskatchewan and Nova Scotia, and $100 million for the Mental Health Commission of Canada to help Canadians facing mental health and homelessness challenges.

These investments, however, could be threatened if the bill does not pass before the summer. That is why I am hopeful that the bill will be passed by the House later today.

The budget bill is not our only priority. Today the House completed debate at report stage on Bill C-29, which would create a modern, transparent, accountable process for the reporting of political loans. We will vote on this bill tomorrow and debate at third reading will begin shortly thereafter.

We also wish to pass Bill C-55, which implements our free trade agreement with the European Free Trade Association.

This free trade agreement, the first in six years, reflects our desire to find new markets for Canadian products and services.

Given that the international trade committee endorsed the agreement earlier this year, I am optimistic that the House will be able to pass this bill before we adjourn.

On Friday we introduced Bill C-60, which responds to recent decisions relating to courts martial. That is an important bill that must be passed on a time line. Quick passage is necessary to ensure the effectiveness of our military justice system.

Last week the aboriginal affairs committee reported Bill C-34, which implements the Tsawwassen First Nation final agreement. This bill has all-party support in the House. Passage of the bill this week would complement our other achievements for first nations, including the apology on Wednesday to the survivors of residential schools.

These are important bills that we think should be given an opportunity to pass. That is why we need to continue to work hard, as our rules contemplate.

The government would also like to take advantage of extended hours to advance important crime and security measures. Important justice measures are still before the House, such as: Bill S-3, the anti-terrorism act; Bill C-53, the auto theft bill; Bill C-45 to modernize the military justice system; and Bill C-60, which responds to recent court martial decisions.

There are a number of other bills that we would like to see advanced in order to improve the management of the economy. There are other economic bills we would like to advance.

These include Bill C-7, to modernize our aeronautics sector, Bill C-5, dealing with nuclear liability, Bill C-43, to modernize our customs rules, Bill C-39, to modernize the Canada Grain Act for farmers, Bill C-46, to give farmers more choice in marketing grain, Bill C-57, to modernize the election process for the Canadian Wheat Board, Bill C-14, to allow enterprises choice for communicating with customers, and Bill C-32, to modernize our fisheries sector.

If time permits, there are numerous other bills that we would like to advance.

These include Bill C-51, to ensure that food and products available in Canada are safe for consumers, Bill C-54, to ensure safety and security with respect to pathogens and toxins, Bill C-56, to ensure public protection with respect to the transportation of dangerous goods, Bill C-19, to limit the terms of senators to 8 years from a current maximum of 45, and Bill C-22, to provide fairness in representation in the House of Commons.

It is clear a lot of work remains before the House. Unfortunately, a number of bills have been delayed by the opposition through hoist amendments. Given these delays, it is only fair that the House extend its sitting hours to complete the bills on the order paper. As I have indicated, we still have to deal with a lot of bills.

We have seen a pattern in this Parliament where the opposition parties have decided to tie up committees to prevent the work of the people being done. They have done delay and obstruction as they did most dramatically on our crime agenda. They do not bother to come and vote one-third of time in the House of Commons. Their voting records has shown that. All of this is part of a pattern of people who are reluctant to work hard.

The government is prepared to work hard and the rules contemplate that it work hard. In fact, on every occasion, when permission has been sought at this point in the parliamentary calendar to sit extended hours, the House has granted permission, including in minority Parliaments.

If that does not happen, it will be clear to Canadians that the opposition parties do not want to work hard and are not interested in debating the important policy issues facing our country. Is it any wonder that we have had a question period dominated not by public policy questions, but dominated entirely by trivia and issues that do not matter to ordinary Canadians.

The government has been working hard to advance its agenda, to advance the agenda that we talked about with Canadians in the last election, to work on the priorities that matter to ordinary Canadians, and we are seeking the consent of the House to do this.

Before concluding, I point out, once again, that extending the daily sitting hours for the last two weeks of June is a common practice. Marleau and Montpetit, at page 346, state this is:

—a long-standing practice whereby, prior to the prorogation of the Parliament or the start of the summer recess, the House would arrange for longer hours of sitting in order to complete or advance its business.

As I stated earlier, it was first formalized in the Standing Orders in 1982 when the House adopted a fixed calendar. Before then, the House often met on the weekend or continued its sittings into July to complete its work. Since 1982, the House has agreed on 11 occasions to extend the hours of sitting in the last two weeks of June.

Therefore, the motion is a routine motion designed to facilitate the business of the House and I expect it will be supported by all members. We are sent here to engage in very important business for the people of Canada. Frankly, the members in the House are paid very generously to do that work. Canadians expect them to do that work and expect them to put in the time that the rules contemplate.

All member of the House, if they seek that privilege from Canadian voters, should be prepared to do the work the rules contemplate. They should be prepared to come here to vote, to come here to debate the issues, to come here for the hours that the rules contemplate. If they are not prepared to do that work, they should step aside and turnover their obligations to people who are willing to do that work.

There is important work to be done on the commitments we made in the Speech from the Throne. I am therefore seeking the support of all members to extend our sitting hours, so we can complete work on our priorities before we adjourn for the summer. This will allow members to demonstrate results to Canadians when we return to our constituencies in two weeks.

Not very many Canadians have the privilege of the time that we have at home in our ridings, away from our work. People do not begrudge us those privileges. They think it is important for us to connect with them. However, what they expect in return is for us to work hard. They expect us to put in the hours. They expect us to carry on business in a professional fashion. The motion is all about that. It is about doing what the rules have contemplated, what has always been authorized by the House any time it has been asked, since the rule was instituted in 1982. That is why I would ask the House to support the motion to extend the hours.

The House resumed from June 6 consideration of Bill C-29, An Act to amend the Canada Elections Act (accountability with respect to loans), as reported (with amendment) from the committee, and of the motions in Group No. 1.

Canada Elections ActGovernment Orders

June 6th, 2008 / 1:30 p.m.
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Conservative

The Acting Speaker Conservative Royal Galipeau

Order. It is with regret that I must interrupt the hon. member for Humber—St. Barbe—Baie Verte.

It being 1:30 p.m., the House will now proceed to the consideration of private member's business, as listed on today's order paper.

When we return to the study of Bill C-29, there will be seven minutes left for the hon. member.

The House resumed from February 14 consideration of Bill C-29, An Act to amend the Canada Elections Act (accountability with respect to loans), as reported (with amendment) from the committee, and of the motions in Group No. 1.

Business of the HouseOral Questions

June 5th, 2008 / 3:05 p.m.
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York—Simcoe Ontario

Conservative

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

Mr. Speaker, this week we have focused on the economy by debating and passing at report stage the budget implementation bill as part of our focused on the economy week.

The bill guarantees a balanced budget, controls spending and keeps taxes low without imposing a carbon and heating tax on Canadian families.

It also sets out much-needed changes to the immigration system in order to maintain our competitive economy.

It will also include the new tax-free savings account, TFSA, an innovative device for individuals and families to save money. That bill is now at third reading and we hope to wrap up debate tomorrow on the important budget implementation bill to maintain the health and competitiveness of our economy.

Next week will be we have work to do week. Since the Speech from the Throne we have introduced 59 bills in Parliament.

These bills focus on fighting crime, sustaining our prosperous and dynamic economy, improving Canadians' environment and their health, strengthening the federation, and securing Canada's place in the world.

To date, 20 of these bills have received royal assent, which leaves a lot of work to do on the 39 that have yet to receive royal assent. I know the Liberal House leader suggests perhaps we should work on only three, but we believe in working a bit harder than that.

To ensure that we have the time necessary to move forward on our remaining legislative priorities, I will seek the consent of the House on Monday to extend the sitting hours for the remaining two weeks of the spring sitting, as the rules contemplate. I am sure all members will welcome the opportunity to get to work to advance the priorities of Canadians and get things done.

I will seek in the future the consent of the opposition to have next Wednesday be a special sitting of the House of Commons. This is to accommodate the special event about which the Liberal House leader was speaking. The day would start at 3 p.m. with an apology from the Prime Minister regarding the residential schools experience. I will also be asking the House and its committees to adjourn that day until 5:30 p.m. to allow for solemn observance of the events surrounding the residential schools apology. Residential school survivors and the chief of the Assembly of First Nations will be offered a place of prominence in our gallery to observe these very important formal ceremonies in the House of Commons.

Tomorrow and continuing next week, we will get started on the other important work remaining by debating the budget implementation bill. After we finish the budget bill, we will debate Bill C-29, to modernize the Canada Elections Act with respect to loans made to political parties, associations and candidates to ensure that wealthy individuals are not able to exert undue influence in the political process, as we have seen even in the recent past.

We will also discuss Bill C-51, to ensure that food and products available in Canada are safe for consumers; Bill C-53, to get tough on criminals who steal cars and traffic in stolen property; Bill S-3, to combat terrorism; Bill C-7, to modernize our aeronautics sector; Bill C-5, dealing with nuclear liability; Bill C-54, to ensure safety and security with respect to pathogens and toxins; Bill C-56, to ensure public protection with respect to the transportation of dangerous goods; Bill C-19, to limit the terms of senators to eight years from the current maximum of 45; Bill C-43, to modernize our customs rules; Bill C-14, to allow enterprises choice for communicating with customers; Bill C-32, to modernize our fisheries sector; Bill C-45, regarding our military justice system; Bill C-46, to give farmers more choice in marketing grain; Bill C-39, to modernize the grain act for farmers; Bill C-57, to modernize the election process of the Canadian Wheat Board; and Bill C-22, to provide fairness in representation in the House of Commons.

I know all Canadians think these are important bills. We in the government think they are important and we hope and expect that all members of the House of Commons will roll up their sleeves to work hard in the next two weeks to see that these bills pass.

Business of the HouseOral Questions

May 15th, 2008 / 3 p.m.
See context

York—Simcoe Ontario

Conservative

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

Mr. Speaker, in keeping with our theme for this week, which is strengthening democracy and human rights, today we will continue to debate Bill C-47, which is a bill to provide basic rights to on reserve individuals to protect them and their children in the event of a relationship breakdown, which are rights that Canadians off reserve enjoy every day.

We will debate our bill to give effect to the Tsawwassen First Nation Final Agreement, Bill C-34, and Bill C-21, which would extend the protection of the Canadian Human Rights Act to aboriginals living on reserve.

We will also debate Bill C-29, which is our bill to close the loophole that was used most recently by Liberal leadership candidates to bypass the personal contribution limit provisions of the election financing laws with large personal loans from wealthy, powerful individuals, and Bill C-19, which is our bill to limit the terms of senators to eight years from the current maximum of 45.

Next week will be honouring our monarch week. Members of Parliament will return to their ridings to join constituents in celebrating Queen Victoria, our sovereign with whom Sir John A. Macdonald worked in establishing Confederation, and honouring our contemporary head of state, Her Majesty Queen Elizabeth II.

The week the House returns will be sound economic management without a carbon tax week. The highlight of the week will be the return of the budget bill to this House on May 28.

This bill proposes a balanced budget, controlled spending, investments in priority areas and lower taxes, all without forcing Canadian families to pay a tax on carbon, gas and heating. Furthermore, the budget implementation bill proposes much needed changes to the immigration system. These measures will help us ensure the competitiveness of our economy. I would like to assure this House that we are determined to see this bill pass before the House rises for the summer.

We will start the week by debating, at third reading, Bill C-33, our biofuels bill to require that by 2010 5% of gasoline and by 2012 2% of diesel and home heating oil will be comprised of renewable fuels, with our hope that there will be no carbon tax on them.

We will debate Bill C-55, our bill to implement the free trade agreement with the states of the European Free Trade Association.

This free trade agreement, the first in six years, reflects our desire to find new markets for Canadian products and services.

We will also debate Bill C-5 dealing with nuclear liability issues for our energy sector; Bill C-7 to modernize our aeronautics sector; Bill C-43 to modernize our customs rules; Bill C-39 to modernize the Canada Grain Act for farmers; Bill C-46 to give farmers more choice in marketing grain; Bill C-14, which allows enterprises choice for communicating with their customers through the mail; and Bill C-32 to modernize our fisheries sector.

The opposition House leader raises the question of two evenings being set aside for committee of the whole. He is quite right. Those two evenings will have to be set aside sometime between now and May 31.

With regard to the notes that were quoted from by the Prime Minister and the Parliamentary Secretary to the Minister of Foreign Affairs, they were their notes and referred of course to announcements that clearly have been made about the need and the imperative of restoring our military's equipment and needs in the way in which the Canadian government is doing so.

Business of the HouseOral Questions

April 3rd, 2008 / 3 p.m.
See context

York—Simcoe Ontario

Conservative

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

Mr. Speaker, I would like to start by thanking the opposition House leader for performing his basic parliamentary duty by asking the Thursday question. We have missed it once or twice. I believe it is important that this government have the opportunity to inform the House of its legislative agenda for the coming week.

Today we have started to debate the budget implementation bill. It incorporates the measures that were announced in budget 2008 and adopted by this House on two different occasions.

These are prudent, focused, responsible measures, including the tax-free savings account, $350 million for the Canada student grant program, and more money for police officers, the environment, health, and infrastructure for our cities.

We will continue to debate the bill tomorrow as well as throughout next week. The government has read reports that the opposition is going to delay and obstruct the passage of the bill. I hope that does not happen.

Next week will be improving the health and safety of Canadians week. A number of measures will be announced to accomplish this goal.

I cannot provide any details on these exact measures, but I am sure hon. members will agree that these are excellent initiatives that will improve the health and safety of Canadians.

Next week we will also debate changes to the Judges Act, Bill C-31; the Senate amendments to Bill C-13, our legislation to amend the Criminal Code in relation to criminal procedure, language of the accused, sentencing and other matters; and Bill C-23, which amends the Canada Marine Act.

The government will also debate—and pass, we hope—important bills to enhance the economy and accountability. There will be Bill C-33 to regulate a renewable content of 5% in gasoline by 2010, and a 2% requirement for renewable content in diesel fuel and heating oil by 2012.

We will also debate Bill C-5, which deals with responsibility in the event of a nuclear incident, Bill C-7, which amends the Aeronautics Act, and Bill C-29, to create a standard process for dealing with loans made to political parties, candidates and associations.

I would like to indicate that next Tuesday will be an allotted day.

In terms of the question on creating a committee of the House regarding Afghanistan, I thank the member for his question. We did receive a letter from him asking about that yesterday. We appreciate the support of this House of Commons for the motion, which has allowed the Prime Minister to travel to Bucharest and obtain the commitments that have been obtained from our NATO allies and allow that mission to continue.

We do believe it is important for that committee to be formed so it can operate shortly, and we will be proceeding with that soon.

Canada Elections ActGovernment Orders

February 14th, 2008 / 5:10 p.m.
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Liberal

Alan Tonks Liberal York South—Weston, ON

Mr. Speaker, I have been following this debate and am very pleased to make a few comments with respect to Bill C-29 and try to make it understandable for the viewers watching the proceedings.

To do that, I would like to sum up from my perspective how I view the whole issue with respect to accountability in election financing.

The public knows that as it stands right now there are huge restrictions with respect to how a candidate can raise the funds necessary to run an election. The public should be aware that under the Election Expenses Act there is a cap on how much can be spent in an election. There is a very clear and very transparent reporting process that the chief financial officer has to go through.

In fact, in my riding, my chief financial officer, who is a layperson, a long-time dedicated person in the riding and not an accountant, has said that the reporting procedures are becoming so exhaustive that one almost has to be an accountant. That is the degree of scrutiny that this is given. My reply to it is that we have to work around that issue because it is in the public interest to be totally transparent.

We are also aware that under the former regime unions and corporations had a cap on what they could contribute. In the regime that is now being entrenched in this bill, unions and corporations cannot make contributions. Also, there is a very clear stipulation that the cap on personal donations is $1,100.

I review those things because I always thought that public life and public service was one of the highest honours that an individual could be involved in and that could be granted to an individual. Therefore, anything that deals with the mechanics of taking out loans or whatever should be so clear and so transparent, but accessible and easy to do, and it should not be a disincentive for individuals to come forward and want to be part of one of the greatest traditions, which is the democratic tradition of seeking office, be it municipal, provincial or federal, or at the school board level or in other elected office.

I come from a very working class riding. When I reflect on my nearly 30 years of elected public office and reflect on the nature of support that I have been given, I can say that it has come from the people of our riding. At no time can I remember huge donations and so on.

However, I welcome a transparent regime. Having said that, I might say that this bill is transparent, that this is putting caps on amounts, tightening up and so on, but it gives me some concern. It gives the appearance that we are all equal and that we all have access to a bank and perhaps access to guarantors who have the means to do that. It gives the appearance that there is equity where in fact there is not. We know there is not.

When one wants to put on a cap of $1,100, how many members have constituents who can avail themselves of the cap? The reality is usually $100, $50 or $25. The reality is little fundraisers that raise perhaps $2,000 or $3,000 at the most, but often they raise $400 or $500. That is the reality. That reality is reported in the existing legislation.

Also, if an association takes out a loan, it or the party is going to be held liable, but it is the association in the first instance. It will be held liable. I would ask members about this. In their associations, how many people have the capacity to want to be liable if, let us say, a loan that is taken out is not repaid? It could happen for whatever reason, such as death. It could happen for a number of reasons.

If we are elected, we are accountable, because someone is going to come over and say to us, listen, that loan has not been paid back and that seat will be lost. That is a consequence. That sure would plug the gap that might exist if we were worried that candidates would not pay back the loan.

Mark you, Mr. Speaker, I am saying that it is very clear that one has to report it, so the issue is on consequence. If one did not get elected but still had exceeded and had not paid the loan, one's association is liable for it.

We know that the banks are going to come back for it. In this regime being put forward here, the banks are a lending institution at whatever the interest rate is. In my experience, I have had the opportunity to raise money from people and report it, people who have had confidence in me, as all my colleagues have experienced.

It seems to me that this legislation is wrong-headed in the sense that it looks as if we are all trying to circumvent the law. That was the characterization that was made, albeit in a different context: that we are trying to circumvent the reporting process. We are not. There is an exhaustive reporting process and yet we are coming forward and saying this because the consequences have not been implemented as clearly as they should be by the Chief Electoral Officer and a case was cited.

What is at fault is that the consequences should be laid out in a clearer way if we are not satisfied with the adjudication that took place, but that is not what is being done. What is being done is a whole new regime that looks like it treats us all fairly and equitably, but ignores the reality that right across this country, from coast to coast to coast, there are communities of very fragile and limited means. Yet the associations are going to be held liable if anything should go wrong.

It is almost a washing of hands with a bureaucratic mechanism. It is not intentional, but the end result will be the same. It will be a disincentive for people who want to be part of the process of being on an association, I would think, and I am saying this from the experience that I have had with the kinds of social and economic backgrounds of the people, God bless them, who sit on the executive of my association. I am sure that is the case in many of the constituencies.

There have been amendments made that I think are excellent. I will be supporting the bill, but I have to say that I think it places a cloud on this because there have been consequences that were disproportionate to what occurred with respect to the reporting, but the reporting is very comprehensive.

If there is any fault, it is that we just did not put down what the consequences would be if there were a deliberate circumventing of the law. What we have here, I think, is just overly bureaucratic and will not encourage people to be part of the democratic process in standing for candidacy or being part of local associations.

Canada Elections ActGovernment Orders

February 14th, 2008 / 4:45 p.m.
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Bloc

Bernard Bigras Bloc Rosemont—La Petite-Patrie, QC

Mr. Speaker, it is my great pleasure today to speak to Bill C-29, An Act to amend the Canada Elections Act (accountability with respect to loans).

First, I would like, as my colleagues have done, to remind the House that our party supports Bill C-29, which will partially fill some of the gaps in Bill C-2, which we considered earlier. While Bill C-29 fills some of those gaps, it does not fix all of the problems. There are things that we thought it was very important to fix some time ago and that we would have liked to see in Bill C-29 that are unfortunately not there. However, this bill does fill one important gap by providing better rules governing loans, to ensure that the ceilings are not deliberately circumvented.

As I said earlier, Bill C-29 fills some of the gaps in Bill C-2, but it does not fix everything. One of the things we would have liked to see incorporated in this bill is stronger provisions relating to protection for whistleblowers. Second, we would have liked to see reform of the Access to Information Act, because as we know the Information Commissioner has repeatedly pointed out that various measures were completely unacceptable and prevented members of the public from obtaining documents even though they should be available to the general public.

Unfortunately, we have seen this government, and not just this government but also the previous government, bring in a reform of the Access to Information Act in 2005 that essentially had two consequences. The reform proposed by the Liberals meant that administrative charges doubled for requests by the public and by groups and journalists, generally for information from various departments. Second, we realized, and we continue to realize, that when we, as elected members, make access to information requests, we run into certain exceptions. Very often, those exceptions are used by the government to make sure that documents that should be made public are unfortunately not accessible. In my opinion, that demonstrates once again that this government is completely lacking in transparency with respect to government decision-making and with respect to documents that are available to them and that could be used to inform the public about major issues.

We will recall that the government and the Conservative Party promised in the last election campaign to overhaul the Access to Information Act. On that point, I will quote a passage from the Conservative platform in the last election campaign.

The Conservative government had promised to reform the Access to Information Act. Here is what it said at that time: “A Conservative government will implement the Information Commissioner's recommendations for reform of the Access to Information Act.”

We must recall what the Information Commissioner said. He replied that the reason we need action and not further studies is because governments continue to distrust and resist the Access to Information Act and the oversight of the Information Commissioner.

Thus, a reform of the Access to Information Act is what was needed, and what is still needed. This reform needs to go even further than what the Liberal government proposed in 2005. Unfortunately, the current government is not fulfilling its obligations and not respecting the commitments it made to the people of Quebec and Canada during the last election campaign.

Let us not forget that Bill C-29 could have been an opportunity for this government to begin this overhaul of the Access to Information Act, thereby allowing the public to obtain essential documents in order to better understand the government decision-making process.

We also would have liked to see this bill protect whistleblowers. When there is a legal challenge, these whistleblowers cannot act and cannot defend themselves on an equal footing with other citizens or organizations that have ample means with which to defend themselves. Unfortunately, these whistelblowers will only be reimbursed for up to $1,500 in legal fees, which is a ridiculous amount for such coverage.

This demonstrates that, despite the sponsorship scandal, this government did not listen to the wishes of either the public or Justice Gomery, who called for greater transparency and greater reform. A few weeks ago, I heard Justice Gomery again say that too much power is concentrated and centralized in the Prime Minister's Office and that it was not healthy for a democracy. We would have therefore liked to see greater access and better coverage of legal fees for whistleblowers when the time comes to seek legal counsel.

We would have liked more guarantees to protect all Canadians who report wrongdoing within the government, not just public servants. Currently public servants enjoy some protection, but I think anyone who witnesses wrongdoing should benefit from the same protection under the current legislation as public servants.

Finally, and it is unfortunate, this bill fails to prevent the government from excluding crown corporations and other entities from the application of the Public Service Disclosure Protection Act. Quite often these crown corporations give out contracts or sometimes appoint cronies as CEOs at the behest of the government. We must make sure the government cannot exclude these crown corporations from the Public Service Disclosure Protection Act.

Bill C-2 is good, but it could be better. Bill C-29 is not good enough either. However, we agree that we need to have as many legislative guarantees as possible in order to prevent political parties, and leadership candidates in particular, from circumventing the ceilings. Furthermore, I must say it is totally unacceptable that these ceilings can be circumvented by taking out personal loans. Just look at the last leadership race when Bob Rae received loans totalling $705,000 and the creditors were John Rae and Bob Rae himself, who gave $125,000 to his own campaign. We must not be able to do indirectly what we are not allowed to do directly.

In closing, we support Bill C-29, but we would like to see better protection for whistleblowers and also a reform of the Access to Information Act.

Canada Elections ActGovernment Orders

February 14th, 2008 / 4:45 p.m.
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Liberal

Roy Cullen Liberal Etobicoke North, ON

Mr. Speaker, the gentleman in question will have to comply with the current law which deals with loans, and whatever happens with Bill C-29, he will have to comply with that. I am sure he will do exactly that.

The event of last night, my understanding is that it went ahead, but I could me mistaken--

Canada Elections ActGovernment Orders

February 14th, 2008 / 4:35 p.m.
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Oshawa Ontario

Conservative

Colin Carrie ConservativeParliamentary Secretary to the Minister of Industry

Mr. Speaker, we have to look at the times that we live in. We have just gone through one of the largest scandals in Canada with the sponsorship scandal.

This week the Liberal Party was holding a fundraiser and the sky was the limit. Liberal members were trying to work the loophole that the member was honestly talking about. The public really wants to see the government and all members working together to close as many loopholes as we can.

My colleague wanted to know why the government is doing it like this. The government is acting to ensure that political entities and wealthy interests cannot circumvent the contribution limits. In other words, loans that are made without reasonable expectation of repayment are essentially disguised contributions that could circumvent political financing rules.

The member talked about his own party's leadership campaign. Bob Rae received $845,000 in loans, $200,000 from his own brother. The change in Bill C-29 would ensure that candidates could not write-off unpaid loans after spending the money. Can the member say that he supports this?

Canada Elections ActGovernment Orders

February 14th, 2008 / 4:25 p.m.
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Liberal

Roy Cullen Liberal Etobicoke North, ON

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

Certainly the party on this side supports transparency and accountability with respect to election financing and the Canada Elections Act. At committee, I understand, there were amendments made. That is why the caucus on this side will support the bill, with the amendments, but I gather the government will be challenging some of those amendments. That would be unfortunate. We will have to see where that takes us.

The other thing I need to say in regard to the bill is that although it is being presented by the Conservative Party as some new and revolutionary way of proceeding with this type of arrangement with respect to loans to candidates, et cetera, many aspects of the bill are in fact similar to what is already in force and what was in force under the leadership of our Liberal government.

Having said that, I think the bill makes things clearer in some areas. In that sense perhaps it is an improvement, but I do not think Canadians will be deceived by the fact that many of the provisions outlined in the bill are already in the law.

Perhaps I should step back a bit. As I understand it, what the bill is trying to deal with is the fact of a candidate running in a federal election, for example, where the rules are very strict--and so they should be--with respect to how people can accept donations or from whom they can accept donations. Those rules are fairly clear.

The intent, as I understand it, is that this bill tries to deal with people who might try to sidestep those rules by receiving loans from parties from whom they otherwise would not be able to receive loans, or by receiving loans at interest rates that are less than fair market value, which itself would constitute a benefit, et cetera.

Or the loan might be advanced during a campaign and then be forgiven. For example, the candidate who had access to the loan money might find that suddenly a year later the person from whom the candidate received the loan is washing his or her hands of it. The candidate might be told that he or she does not have to repay the loan. That would become a contribution. If the amount of the loan exceeds the amounts currently allowed under the Canada Elections Act, then surely the law would also apply to a loan that is forgiven, and surely a lower interest rate loan at less than fair market value would also constitute a benefit.

I think it is a good thing that people are not able to get around the rules or do things through the back door that they cannot do through the front door. To the extent that this bill clarifies those particular aspects, that is a positive development. However, under the existing act, the loans could not be forgiven without consequence, nor could loans be granted under the current provisions of the law if they exceed the donation limits.

This really goes back to our government's Bill C-24, An Act to amend the Canada Elections Act and the Income Tax Act (political financing). Our government began that process and that bill was passed into law. It severely restricted the amounts that could be donated to candidates or parties by corporations and unions, and it also restricted the amounts that could be paid by individuals.

The Conservative government, in Bill C-2, the Federal Accountability Act, has made further changes to that, and in fact reduced the personal contributions from $5,000 to $1,100 per year, per party. What has happened, of course, is that it has made it more difficult for political parties to raise money.

The provisions of Bill C-24 and Bill C-2 allow for Elections Canada to reimburse candidates based on how many votes they received in an election, so essentially what has happened is the burden and the cost of election campaigning has been transferred from corporations, unions, and to some extent individuals, to the taxpayers at large.

One can debate that philosophy. I for one think it is unfortunate that corporations and unions are precluded from participating in the political process. I would agree that limits need to be placed on that, but I wonder why it is so horrible for corporate Canada and the unions to not be able to support financially political parties or candidates of their choice within certain limits.

Nonetheless, Bill C-24 has passed and is the law of Canada, and Bill C-2 makes further changes to that particular regime.

However, I find it strangely ironic that this party brings in this bill, Bill C-29, and argues that it is a whole new regime with respect to loans and elections. As I said earlier, it is not really that new, but at the same time the leader of that party, the Prime Minister, has refused to disclose the names of all the individuals and organizations that donated to his leadership campaign in 2002. That strikes me as being very hypocritical.

Our party went through a leadership campaign a couple of years ago. All the participants made full disclosure of the sources of their funding and it is a matter of public record. However, for some reason the leader of the Conservative Party of Canada refuses to disclose the names of those people who donated to his leadership campaign. By refusing to do that, it raises questions about who was behind his leadership bid.

It may raise questions inappropriately because perhaps everything was totally appropriate, but by virtue of the refusal to disclose, it sort of leaves questions in people's minds of who was actually supporting his leadership bid, and whether they had a particular agenda that they were promoting or advancing.

If we have full transparency and disclosure, I think we take away that kind of ambiguity. I for one am in favour of full transparency and accountability.

Under the old rules, if a corporation wanted to donate to my election campaign, that donation would be fully disclosed by Elections Canada. It would be on my website. It would be everywhere.

If the voters of Etobicoke North did not think it was appropriate for me to accept $500 from BASF Canada because they thought I had a hidden agenda and the company was buying my influence about something, then that is a fair debate. I would be happy to have that debate.

Full transparency and accountability are absolute musts. Members of Parliament should be prepared to defend their actions in an election and in the House.

It has sometimes been said that this place is like living in a fish bowl. If people are interested in what we are doing, they can find out exactly what we are doing. If we travel or someone has sponsored our travel, that information is on the public record. The Office of the Ethics Commissioner has a whole variety of reports that are available publicly. I think that is totally appropriate.

People should not be able to take advantage of loopholes in legislation and stay clear of contribution limits by taking loans from people. That is in the current legislation. If Bill C-29 clarifies that, then that would be a positive development.

Our critic has worked hard on this file. A number of positive amendments were made at committee. I hope the government reflects on those amendments and does not try to reverse them because they would improve the bill. With that caveat, I will be supporting the bill when it comes to the House at a later stage.

Canada Elections ActGovernment Orders

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

Meili Faille Bloc Vaudreuil—Soulanges, QC

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Canada Elections ActGovernment Orders

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

Nicole Demers Bloc Laval, QC

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

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

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

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

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

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

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

That is the impression given by this bill.

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

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

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

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

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

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

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

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

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

We do not want those.

Canada Elections ActGovernment Orders

February 14th, 2008 / 3:30 p.m.
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Liberal

Derek Lee Liberal Scarborough—Rouge River, ON

Mr. Speaker, I will continue the debate on the report stage amendments to Bill C-29.

The government has said that the bill would fill in gaps in existing legislation governing loans to political candidates or parties. However, I point out that the existing law requires full disclosure of these types of loans and has procedures in place governing repayment. However, the bill purports to tweak and ratchet up the degree of regulation involved with these loans.

From a distance, it looks like the Conservative government is trying to do everything it can to lob grenades, regulate and obstruct the way people run for public office federally. I am imputing rationale here, but it is as though the Conservatives are saying they have their financing mechanisms all in place and the rest us can go find our own way. They are going to regulate the field and make it tough for everybody, including arguably, themselves. That is the universe the way they see it. They will continue to regulate and regulate. Every time they see something they do not like, they will pass another law and will continue to pass laws until the thing gets so gummed up that hardly anybody will be able to move on the street. That is my impression of the bill.

I accept it is a tweak, a ratchet up to the existing set of rules. However, I want to try to take a wider angle view of what is going on as it relates to the right of Canadians to participate in the political process.

I think there is some gamesmanship involved. I do not think it is all idealistic attempts to make the universe right. In their efforts at trying to kneecap the other parties, or other people who do not organize their campaigns the way the Conservatives do, are they really in a way obstructing participation in the process? Are we only thinking about existing parties when we make these new rules? Have we forgot about the new parties that have not made it into the system yet?

If we were talking about banking or the mining sector, we would be looking at such issues as obstacles and barriers to entry to ensure competition. We would not clutter the roadway with all kinds of rules and barriers to obstruct new entrants into the mining or banking field. We like to see competition. In adopting these measures in the bill, we would really be regulating. I will give two examples of how I think it may be a problem.

These new rules create barriers to people, although that may have been unintended. I think the intention is to create barriers for all the other political parties that are on the street now and we may have forgot about the ones that are not there yet.

I have two examples on which I want to focus.

First, the bill says that candidates and parties can only borrow from financial institutions. That would be a pretty significant law. In order to borrow from a financial institution, one has to have a credit rating. Does a poor candidate have a better credit rating than a rich candidate? I will leave that question unanswered, but I think the answer is kind of obvious. A poor candidate would not have as good a credit rating. Therefore, with the imposition of the mandatory financing mechanism with the banks and therefore the imputed need for a credit rating, are we imposing a barrier to poor candidates? I think we are. A poor candidate might be able to borrow from a brother-in-law, but might not be able to float a decent loan from the bank for his or her political campaign as he or she goes forward.

All of the existing incumbents in the House have been elected at least once. Most of us know how to finance a campaign or to raise money for it. We all have to do it. It is a very legitimate part of being involved in politics, but I think buried in this section is an adverse effect discrimination. Somebody out there will notice it and someday even the courts may notice it.

I am thinking of women who sometimes have less money and poorer people, who by definition have less money and resources, to participate in politics and sometimes may need a loan to get them over the hump.

Second, if we can only borrow from the banks and financial institutions, then the banks become an integral monopoly source of funding or borrowing for financial campaigns. I wonder how a bank makes a decision about its lending policies, about whether it will only lend to one party or one candidate. If it lends to one, does it have to lend to all? How will the banks handle this imposition of being the sole source for lending to political campaigns? If I were the banks, I would be kind of unhappy about it, because it is forcing banks to make decisions that may be seen to be political.

I mentioned earlier the problem of credit ratings for the poor candidates, the less pecunious candidates, but the banks also have a decision to make between political parties. They may decide to lend $10,000 to one party and $25,000 to the other party or cap everybody at $10,000. Maybe they will decide not lend anybody anything in a political campaign because it is too mucky and too political. They might leave it up to Parliament to figure out how it wants to finance campaigns, but they do not want people going to them. If we do not want candidates to borrow from the brother-in-law or from the friend, too bad.

The banks might not be too happy with this. I do not know for sure, but there may be some push-back there. If a person needs a loan and he or she has to go to a bank and the bank tells that person it does not lend to political candidates or parties, what have we done? We have created a barrier to participation and entry.

The amendments put forward by the government purport to roll back amendments that were put into the bill by the members of the committee. They were good amendments and I would like to keep them there. Therefore, I oppose the government's move to roll them back.

One amendment has to do with the amortization of loans of leadership candidates. Another one has to do with repeat loans during a calendar year, which looks pretty reasonable to me. The other has to do with the deletion of the automatic liability of a political party, as mentioned by the previous speaker, if one of its candidates defaults on repayment of a loan. That is just a dumb mechanism and it should not be there. However, it does relate to my earlier comments about banks and financial institutions. Maybe they would not mind having that automatic liability of the party being there, but I do not think it is a good way to manage the financing.

I therefore oppose the government motions to reinstate provisions of the bill.

For reasons I have stated, there may be some constitutional vulnerability related to the charter in these sections. We will not know until the appropriate case comes along. However, when that case does come along, I hope it is somebody who maybe did not have a lot of money, wanted to borrow money but was unable to do that. I hope the person can show that this relatively dumb, holier than thou government regulation of this part of the political process is seen to be an obstacle to political participation.

I hope my friends in the Conservative Party will see that perhaps they are taking too myopic a view of Canada. They are trying to regulate everything from their view inside their political party, but Canada is really much more diverse and demands a little more freedom than they are willing to accord in terms of the financing of campaigns and participation in the process.

The House resumed consideration of Bill C-29, An Act to amend the Canada Elections Act (accountability with respect to loans) as reported by a committee with amendments, and of the motions in Group No. 1.

Canada Elections ActGovernment Orders

February 14th, 2008 / 1:35 p.m.
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Bloc

Réal Ménard Bloc Hochelaga, QC

Mr. Speaker, I do not need to tell you how pleased I am to be taking part in the debate on Bill C-29.

When you are a member of Parliament, there is not much that is more important than the quality of democratic life.

The members of the Bloc Québécois, who are all Quebeckers, because we field candidates only in Quebec, are obviously thinking of the legacy of René Lévesque. I am certain that the mention of his name is extremely inspiring to all the members, because René Lévesque made a huge contribution to cleaning up election practices by putting an end to secret funding. The older among us, including my colleague from Abitibi—Baie-James—Nunavik—Eeyou, will remember that the 1976 Parti Québécois leadership campaign centred around this issue. There was one slogan that went: “For a clean, clean, clean fund”.

Today, it seems funny to refer to that time, because practices in Quebec have changed so much, in a non-partisan way. No one in the National Assembly of Quebec would want to go back to a system where corporations and individuals could make unreported contributions.

Still, the idea of establishing limits is quite new in our federal legislation. There has been a federal Elections Act for a very long time, but it did not have any control over contributions until the final years of the Chrétien government. We have to acknowledge in a non-partisan way that that was an interesting way to ensure democracy.

One might ask why, in a democracy, we have to know the rules of the game and limit contributions to a political party to $1,100 per individual, for example. This needs to be done because we would not want to live in a democracy where members of Parliament become spokespersons for lobby groups, as in the United States. I remember meeting a U.S. senator. It takes millions and millions of dollars to get elected in the United States. Because candidates receive contributions, they are required to become declared lobbyists for a specific lobby group.

The beauty of our electoral system, which is not perfect and could use some amendments, is that someone like me, the son of a labourer with no personal wealth, got elected last time by spending $25,000. For the most part, my contributions came from public fundraising. We can get elected without having any ties whatsoever to lobby groups. I am not saying that those groups cannot make contributions to have their point of view represented. However, it is possible to get elected in a political system without any ties to lobby groups. That is the best guarantee the public has. When we rise in the House to take a position on an issue, we do so without any ulterior motive and only with the interests of our constituents in mind. The more responsibility we have and the closer we get to the top, the more important it is for these examples of integrity to be absolutely respected.

That is why the Bloc Québécois has repeatedly called on the present Prime Minister to disclose all the sources of funding for his Canadian Alliance leadership campaign in 2002. This would be a sign of democratic respect that we recognize and that demonstrates transparency. As the Gomery report put it, we believe it would be a sign of democracy, transparency and sound responsibility to know who financed the present Prime Minister in his leadership bid in 2002.

The bill that is before us, and that the Bloc Québécois supports, is a bill that goes farther still.

Jean Chrétien introduced one bill, and after that there was Bill C-2 which went a little farther. I would note, as an aside, that it was a source of some disappointment. We would have hoped that the Access to Information Act would be modernized. After all, we have been talking about that for two decades.

We are well aware that journalists, and some members of the public, are concerned about the way this government is restricting the dissemination of information. We are well aware that people expect the Access to Information Act to be modernized. The Liberals did not do it and the Conservatives are dragging their feet on it, but it would be a good thing if this were done very quickly.

Even though the Access to Information Act has not been modernized, Bill C-2 still put transparency mechanisms in place that the Bloc Québécois supported at the time. I am thinking, for example, of whistleblowing in the public service and the budget oversight mechanisms under the responsibility of the Library of Parliament. So it seemed to us to be moving in the right direction.

Today we are going farther. We are calling for an end to a practice that can also generate controversy, that can also be ambiguous and that can also be questionable in terms of transparency. We want to prevent party leaders and people who have responsibilities and who want to be elected in political parties from being able to circumvent the rules and get access to funding beyond what is permitted or otherwise than through public funding, by accepting personal loans.

Today's bill will, first, limit the personal loans that can be taken out to the extremely precise figure of $1,100, the same as for personal contributions. Obviously there is a disclosure mechanism and mandatory registration. More importantly, repayment will be monitored. If I understand correctly, if a personal loan taken out by an elected member is not repaid within 18 months, it will have to be considered to be a contribution to the party, and an entire process will be set in motion.

It seems that the government has begun by imitating what was done in Quebec, finally putting an end to funding by corporations, unions and businesses, and accepting contributions from individuals only. The cap has been set at $1,100 to minimize the potential for influence peddling. Today, we are going even further by ensuring that personal loans—access to funding—will not be possible.

I hasten to add that this mechanism is a good one for purposes of transparency. It is good because it will allow us to become elected representatives who owe nothing to lobby groups. But this reform would not have been viable without public funding for political parties. Democracy does indeed have a price.

If we want people to get involved in public life, we have to talk about balancing work and family. Some members of my party have studied this issue. We want women to hold public office, but we know that they do not have equal opportunity. Even though there have been significant changes, women often have responsibilities that men have not fully taken on. Truly equal opportunity demands public funding so that political parties can benefit from a kind of war chest provided by public coffers as a starting point.

We are always on the lookout for improvements and concerned about cleaning up electoral practices. I think that the bill before us would contribute to that goal.

Mr. Speaker, given the frank camaraderie that has characterized our work over the past few days, and given that I have worked so hard on my speech, would you be so kind as to find out whether there is consent for me to go on for another 10 minutes?

Canada Elections ActGovernment Orders

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

Brian Murphy Liberal Moncton—Riverview—Dieppe, NB

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The House resumed consideration of Bill C-29, An Act to amend the Canada Elections Act (accountability with respect to loans), as reported (with amendment) from the committee, and of the motions in Group No. 1.

Canada Elections ActGovernment Orders

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

Pierre Paquette Bloc Joliette, QC

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Canada Elections ActGovernment Orders

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The House resumed consideration of Bill C-29, An Act to amend the Canada Elections Act (accountability with respect to loans), as reported (with amendment) from the committee, and of the motions in Group No. 1.

Canada Elections ActGovernment Orders

February 12th, 2008 / 4:40 p.m.
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Bloc

Thierry St-Cyr Bloc Jeanne-Le Ber, QC

I apologize, Mr. Speaker. I am a little out of breath, because I had to run back to my place.

I will finally have a chance to speak on the bill before us, contrary to what I had been told. I welcome this opportunity. Needless to say that the Bloc Québécois supports this bill.

With respect to Bill C-29, An Act to amend the Canada Elections Act (accountability with respect to loans), we believe in the continued importance of measures to ensure that the rule whereby a cap is applied to contributions by individuals is not circumvented through the use of loans.

We do not agree, however, with all the motions to amend the bill which was approved at committee.

The first of these motions aims to return the text to its original form. Contributions to a leadership campaign would be limited to a total of $1,000 for each leadership candidate, although in committee, it was amended to make it $1,000 per year. We do not agree with that amendment. Everywhere else in the legislation, the principle of contributions is based on calendar years. We believe that if a different criterion is established, that could cause confusion, and there is no particular reason why an individual should not be allowed to contribute to the same campaign in the course of two separate calendar years.

The second motion adjusts the dates from which one would calculate the three year timeframe allowed to pay back a debt, failing which it will be considered a contribution. That is changing. For instance, in a nomination race, a candidate for party leadership would have three years from the end of the race, rather than from voting day, and the party would have three years from the end of the fiscal year in which the loan was made, rather than from the day that the amount is due. These are minor amendments proposed by the motion, which was passed in committee. We think they are acceptable.

Motion No. 3 is the one we most strongly oppose. The government wants to reject an amendment put forward by the Bloc Québécois that aimed to make the political parties responsible for the debts incurred by their candidates. Of course, we find it completely ridiculous that third parties can be saddled with a loan of which they have no knowledge and which they never guaranteed.

I will explain the implications of this government motion. For example, a candidate runs for a party and incurs a debt of $60,000 with his bank to finance his election campaign. The candidate loses the election. He might have won, but let us assume—it is more plausible—that he was defeated. After three years, if he has not yet repaid his debt to the bank, the party will have to repay it. I do not understand where this completely new principle comes from that would allow a debt to be transferred to a third party that has nothing to do with the transaction.

It is like going to my banker to take out a loan and telling him that my neighbour is my guarantor. My neighbour is not aware of this and has no way of knowing, but he is my guarantor. I tell my banker that if I do not repay him, he can go and ask my neighbour to repay him. That is absolutely absurd.

We hope this motion will be rejected because it will do nothing to clean up politics. On the contrary, it will take away that responsibility from candidates who stand for election.

However, we are in favour of the overall bill. We believe that we must prevent the law from being circumvented because candidates in a leadership race or an election could obtain financing through loans that might never be repaid.

Several candidates in the Liberal Party leadership race obtained large loans from individuals and financial institutions. For example, Bob Rae borrowed $700,000, $580,000 at 5% interest from the former Vice-president of Power Corporation, John Rae, and $125,000 from himself.

According to the Ottawa Citizen of May 9, 2007, the current Leader of the Opposition borrowed $650,000: $150,000 from Mamdouh Stephanos, $100,000 from Marc de la Bruyère, $50,000 from Stephen Bronfman, $50,000 from Roderick Bryden, and $25,000 from Christopher Hoffmann.

If there is no provision to ensure the repayment of these loans and if they are never repaid, they end up being disguised contributions. We must prevent this situation.

The Conservative government is not really in a position to be talking about ethics. Its ethics and transparency track record has not been very impressive, and this has been clear since the Prime Minister's leadership campaign. We still do not have a complete list of donors to his fundraising campaign. But beyond the funding of recent campaigns, we see that during the last election campaign, some 60, maybe even 70, Conservative members broke the Elections Canada rules, and there is now a case before the courts.

Of these 60 or so members, several were from Quebec, including some ministers. It is a bit surprising to see a party that claims to set an example in ethics and transparency engaged in a legal dispute with Elections Canada.

This government is obviously being influenced. A former lobbyist was appointed defence minister in the first cabinet. The minister has since been transferred to the Canada Revenue Agency. Communications director and lobbyist Sandra Buckler was also caught in a very questionable situation. Contracts have been awarded to political friends. And recently, this week and last week, there was talk in the House about a contract awarded by the Minister of Finance, at a high price, just for writing a speech that was somewhat questionable in form and in substance. Funds have been used for partisan purposes and appointments.

Since I do not have much time left, I will give a list of Conservative cronies who were appointed by the government: on April 12, 2006, Jim Gouk, a former Conservative member, was appointed to the board of directors of NAV Canada; on April 21, 2006, Gwyn Morgan, a Conservative fundraiser, was appointed chair of the new Public Appointments Commission; on July 27, 2006, Kevin Gaudet, a Conservative organizer who worked for the Prime Minister's leadership campaign, in 2004, was appointed to the Canada Pension Plan Review Tribunal; Brian Richard Bell, a Conservative organizer in New Brunswick, was appointed to the Court of Queen's Bench of New Brunswick; on September 18, 2006, Jacques Léger, a former interim president of the Progressive Conservative Party, was given a judgeship in the Superior Court of Quebec for the district of Montreal; on October 31, 2006, Raminder Gill, a former Conservative candidate who was defeated in Mississauga—Streetsville to make room for floor crosser Wajid Khan, was appointed as a citizenship judge; on November 1, 2006, Howard Bruce, a Conservative candidate for Portneuf in 2004 and 2006, was appointed to the Transportation Appeal Tribunal of Canada; on January 25, 2007, Loyola Sullivan, co-president of the Prime Minister's leadership bid, was named Canada's ambassador for fisheries conservation.

Unfortunately, I do not have enough time to finish the list. I would have needed a good half an hour.

The House resumed from February 11 consideration of Bill C-29, An Act to amend the Canada Elections Act (accountability with respect to loans), as reported (with amendments) from the committee, and of the motions in Group No. 1.

Canada Elections ActGovernment Orders

February 11th, 2008 / 6:25 p.m.
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Conservative

The Acting Speaker Conservative Royal Galipeau

Order, please.

The hon. member for Richmond—Arthabaska will have two minutes left in his time for debate when Bill C-29 comes back before the House.

Canada Elections ActGovernment Orders

February 11th, 2008 / 6:25 p.m.
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Bloc

André Bellavance Bloc Richmond—Arthabaska, QC

Mr. Speaker, as I said, that is why we support the principle of Bill C-29. The government introduced this bill supposedly because several candidates in the Liberal Party of Canada leadership race borrowed large sums of money in order to circumvent the limits on contributions. What the government is not telling in all this is that its own leader, the Prime Minister himself, failed to make complete disclosure of contributions for the 2002 leadership race.

On October 2, 2002, the Globe and Mail reported that the Prime Minister had spent $1.1 million on his race for the leadership of the Canadian Alliance. It stated further that he had published an incomplete list of contributions.

We on this side of the House would be very interested to know what the total amount of these contributions is exactly. Who were the contributors for that leadership race? This government wants an election to be called. It ran in the last election on a platform of openness and transparency. It should do the same in the next campaign. We would like to know.

Canada Elections ActGovernment Orders

February 11th, 2008 / 6:25 p.m.
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Conservative

James Bezan Conservative Selkirk—Interlake, MB

Mr. Speaker, talking about how loans can be used in such a way that can distort the political process and why it is so important that we bring forward Bill C-29, I just thought the hon. member would find it interesting to look at something, which we cannot fix because we did not make the legislation retroactive, and that would be some of the outstanding loans from the Liberal leadership race.

The member for Kings—Hants has a $200,000 loan, over 35% of his campaign funding was based on loans; the member for York Centre has a $300,000 loan, over 59% of his funding was based on loans; Bob Rae has $845,000 in loans; and the Leader of the Opposition has $455,000 in loans. Whether these loans were ever repaid is something that is of great importance to all of us here and why Bill C-29 is so important.

I would ask the member to comment on those huge loans.

Canada Elections ActGovernment Orders

February 11th, 2008 / 6:20 p.m.
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Bloc

André Bellavance Bloc Richmond—Arthabaska, QC

I thank my colleagues for their expressions of sympathy, but it was just a temporary setback, Mr. Speaker. I won my seat in 2004.

To make a long story short, after the election campaign, I no longer had a job, and I was in a lot of debt. As any responsible person would do, I made sure I repaid that debt. It never occurred to me that my party should take on that responsibility.

Of course, I had received an election rebate, because my expenses were in order, but I had still borrowed money, because in our riding, the party did not have much money at the time. Things have changed a great deal since then. There must not be very many cases where candidates, at least Bloc Québécois candidates, do not repay their debts. If a party were saddled with all its candidates' debts, the party supporters would not be very happy.

Earlier, one of my colleagues was saying that in his riding—and it is that way for the most part in Bloc Québécois ridings—supporters quite often give small amounts of money. We have a multitude of supporters who take part in fundraising activities. They organize spaghetti nights at $10, $20 or $25 a head as a fundraiser because in our culture, we do not rely on big companies, even though the legislation has now changed for the better—thankfully.

I remember a time when the former prime minister, during a leadership race that was more like a coronation, received $100,000 from the Irving Oil Corporation. I can assure you that I have never received that kind of money, even when the legislation allowed it. Where I come from our supporters would be insulted if they were told that all the money they raised was going to be used to pay off a candidate's debt, if the candidate defaulted, because it was the party's responsibility to do so.

Bill C-29 is not a bad bill, since it corrects some of the shortcomings in the Accountability Act, the former Bill C-2, which the government wanted to pass so quickly that it unwittingly, or not—I am not sure—forgot the ethical problems.

That was at a time when the Conservative government probably thought, as many analysts did, that their mandate would last a year or a year and a half. They presented a few priorities—I believe there were five at first—saying they would start with that. In the two years the government has been in place, it has not seemed sure what direction to take. Nonetheless, I believe it does know: it wants to go back to the polls because it does not have any plans that would enable it to go on much longer.

The government thought it would not last long. It wanted to quickly fulfill its so-called promises, but in its haste it left out some parts. That is why we now have Bill C-29: to fill the gaps.

Bill C-29 seeks to prevent individuals from bypassing campaign financing rules.

Since I am being signalled that I have only two minutes left, I will be brief.

The Bloc Québécois believes it is necessary to regulate loans in order to prevent people from getting around the financing limits. In fact, it is ironic that this government is presenting such a bill, since the Conservative Party is currently being investigated by Elections Canada, which is refusing to rebate the campaign expenses for 67 Conservative candidates who ran during the last election campaign. There are nine members from Quebec, two ministers from Quebec and a secretary of state from Quebec. The latter is not really a minister, although he has a limousine. A secretary of state is not considered a real minister. Those people are among that group.

Here is how they do it: money is transferred to the ridings for advertising. It was supposed to be for local advertising, but in reality, it was used for national advertising. The candidate who received the money never once saw his face on television or in the media. It really was for national advertising. The riding associations sent money back to the national level to pay for the advertising.

This strategy allowed the party to raise its limits for campaign spending by $1.2 million. That is a considerable sum, which is why it is so important at this time, on the eve of a possible election campaign, to avoid this kind of ploy, and ensure that the Conservative Party cannot repeat the same gimmick, which allowed them to have higher spending limits for campaign advertising than any other party normally would have.

I would like to point out that the Conservative Party accused the NDP and the Liberals of doing the same thing. However, Elections Canada said that those parties really gave their candidates an opportunity to have local advertising. That is the difference.

Canada Elections ActGovernment Orders

February 11th, 2008 / 6:15 p.m.
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Bloc

André Bellavance Bloc Richmond—Arthabaska, QC

Mr. Speaker, I am pleased to take part in the debate on Bill C-29, An Act to amend the Canada Elections Act (accountability with respect to loans). The Bloc Québécois supports the principle of this bill. However, the government has brought back some measures that we had already amended in committee.

The Bloc Québécois reserves its decision regarding the final vote on this legislation. I will be brief in dealing with its content.

The bill provides 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. Also, unions and corporations, save for some exceptions, would be prohibited from making contributions under the Federal Accountability Act, and also from lending money. The amount of loans, loan guarantees and contributions that individuals can make cannot exceed the limit prescribed in the Federal Accountability Act, namely $1,100. Finally, only financial institutions and political entities would be allowed to make loans beyond the contribution limit, and only at commercial rates of interest. The rules for the treatment of unpaid loans to ensure candidates cannot walk away from unpaid loans would be tightened. The bill also provides that loans that remain unpaid after 18 months would be considered political contributions.

The problem is with the last point. Riding associations—or, in the absence thereof, the party itself—would be responsible for paying back debts that their candidates fail to reimburse. Several of my colleagues here in the House, particularly my Bloc Québécois colleagues, have said how absurd that is. In fact, the government introduced this motion, as well as two others, to counter three amendments made by the opposition parties in committee. By putting this motion forward, the Conservative government is rejecting the Bloc Québécois amendment.

Political parties—and I think we have heard this several times now—would become responsible for debts contracted by their candidates. The problem with the governing party's motion is that political parties are not really involved in contracts between candidates and their financial institutions. In Quebec, that is between the candidate and his or her bank or credit union. Political parties do not get involved in that aspect of their candidates' election campaigns.

With this motion, the government is trying to make parties responsible for their candidates' debts, which is completely illogical because parties cannot limit their candidates' spending. There is a limit, a cap, but candidates may borrow money for their own campaigns at their own discretion or that of their organizations. The party is not involved in the transaction.

A candidate can therefore go into debt. Say a candidate borrows $60,000 from a bank or credit union. The party cannot stop candidates from doing this. Legally, candidates can do this. The party would then end up with that candidate's debt, as well as that of other candidates who, unfortunately, cannot or will not pay the money back. This is akin to a law allowing someone to borrow money without informing the guarantor. When the credit union manager asks for the name of the guarantor, the borrower could say that it is his neighbour. The neighbour would then be responsible for the debt if the borrower did not pay it back. That makes no sense at all.

Of course, it would be wrong to assume that all the candidates in an election are dishonest. On the contrary, I hope that the vast majority are honest. But we are opening the door to a situation where someone runs for election, goes deeply into debt and does not win a seat. He knows that if he cannot repay his debts, the party will be saddled with the debt. A political party would be in serious difficulty if even a few people could not or would not shoulder that debt.

When I fought my first election campaign, the Bloc Québécois in Richmond—Arthabaska did not have much money in its coffers. I was chosen as the candidate on the day the 2000 election was called. I had to borrow money. I took out a loan to fund my election campaign, and I knew what I was getting into.

I knew that after the election, I would be in debt. I hoped to get elected so that I would be able to repay my debt fairly quickly, but I lost by about 300 votes that time.

Canada Elections ActGovernment Orders

February 11th, 2008 / 6:10 p.m.
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Bloc

Christian Ouellet Bloc Brome—Missisquoi, QC

Mr. Speaker, I find it very interesting that my Liberal colleague has raised this point. Indeed, it seems that a piece of legislation can generally be circumvented. That is the case at this time. Although the Canada Elections Act has a relatively rigid framework, we see that it can be circumvented. In any case, some people try to do so.

Instead of allowing more gaps in Bill C-29, we should instead try to make it impossible to take out any money using the Conservative tactic, in other words, by taking money from the central fund to pay for things in the ridings. Greater attention needs to paid to this.

We get the impression that the federal government made the Canada Elections Act more rigid, but now wants it to be relaxed, because it was made a little too strict. The Bloc Québécois believes that the more rigid the legislation, the greater the chances of people being honest.

Canada Elections ActGovernment Orders

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

Mario Laframboise Bloc Argenteuil—Papineau—Mirabel, QC

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Canada Elections ActGovernment Orders

February 11th, 2008 / 5:30 p.m.
See context

Liberal

John McCallum Liberal Markham—Unionville, ON

Mr. Speaker, I am very pleased to rise on the topic of Bill C-29, An Act to amend the Canada Elections Act.

I know that many members of this House have worked hard on improving this bill at the committee stage and I certainly know that we all appreciate their hard work.

Let me begin by pointing out that many parts of this bill are based on recommendations made by the Chief Electoral Officer in his report to the House of Commons Standing Committee on Procedure and House Affairs.

In the report, the Chief Electoral Officer found that when loans are given to a political candidate by a person who is not regularly in the business of lending money, it could be perceived by some as a means to influence the political process with money.

As we in this House know, even the perception of influence peddling can be just as damaging to Canadians' views of the political process as unabashed influence peddling.

Some of the recommendations made in his report include ensuring that all loans from lending institutions be granted to a candidate at the going commercial rate. Another of his recommendations was to establish a limit on loans made by individuals that would be equal to their annual political contribution amount. For 2007 that amount was $1,100. Both of these recommendations found their way into the bill.

Now, corporations and unions would be prevented from making loans to political candidates and parties, just as they have been prevented from making campaign contributions. Individuals would be limited in the sum total of their contributions and loans for a given year. Both a loan and a contribution would now count toward their maximum annual limit.

Another important recommendation made by the Chief Electoral Officer was that the information surrounding any loans be made public in order to mitigate the chances of a perceived conflict of interest. According to the report, the information to be disclosed should include the identity of the lender, interest rates, and a repayment schedule for the loan.

I was pleased to see that during the Liberal Party's last leadership race, our candidates went above and beyond the call of duty to disclose this type of information. I believe it is an excellent idea that the other parties in this House be brought under the same type of scrutiny. There are still some people in this House, not least and most specifically the Prime Minister, who have not revealed the names of the people and organizations which contributed to his leadership campaign in 2002. This kind of secrecy is what leads many Canadians to become distrustful of the political process.

I encourage my colleagues on the Conservative side of the House to urge their leader to disclose those contributions as soon as possible. It could be a good subject to raise in this week's caucus two days from now.

I would now like to provide some background that will illustrate how we have arrived at the current set of laws governing political financing in this country.

The Liberal Party in fact has been at the forefront of the movement toward a more open and transparent process for political donations.

In 2003 the previous Liberal government introduced the first annual limits on individual contributions to a political party and/or candidate. In that same bill, it also limited contributions from corporations and unions to political parties. These changes stand today as the most significant ones that have been made to political financing laws in decades.

I was happy to support these changes in 2003 and I am happy to support Bill C-29 today, providing that the amendments made at committee are kept in place.

There is a danger that sometimes in our zeal to make things better we actually make things worse through a variety of unintended consequences. That is why I am glad to see that the Standing Committee on Procedure and House Affairs made some very well-intentioned and sensible amendments to Bill C-29 during its review of the bill this past December. The government itself brought forward some of these amendments.

Principally, they altered the bill to ensure that if a person makes a $1,100 loan to a candidate in a given year, say 2008, and that candidate repays the loan in that same year, then the donor would be able to make another $1,100 loan without going over his or her annual contribution limit. I think this was supported by all parties at committee stage.

There were some amendments which the government did not agree with, which I understand we will be voting on again here at report stage.

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

If, for instance, a candidate were to take out a $20,000 loan without informing the central party that he or she had done so, the candidate could conceivably then declare bankruptcy after the election, forcing the registered political party to assume liability for the loan, despite the fact that the party had not authorized, approved, or even been aware of the loan in the first place.

For the parties that have representation in the House, this would certainly be an irritant, but it would by no means be catastrophic for them. The parties that this would really hurt are the ones not represented in the House, such as the Green Party and others like it, that field candidates in all regions of the country. For those parties, the possibility of assuming responsibility for a series of loans that their central parties were not even aware of would be extremely damaging to their future viability, and this of course would not be good for democracy.

A third amendment, which the government has tabled a motion to remove from the bill, has to do with loans to candidates when the campaign stretches across the January 1 new year.

Originally the bill only allowed for a single loan to a candidate during the course of the campaign valued at the maximum annual contribution limit. At committee stage it was agreed that should a campaign cross the new year divide, another loan could be made up to the annual contribution limit by an individual in the second year. I do not think I need to illustrate that. It is a clear point and I cannot see the problem the government has with that. We very recently had an election that spanned across the new year, and I think this is a sensible amendment. It is also important for all of our parties' future leadership races which might often run from one year into the next.

Without this amendment, a person who lends $1,100 to a candidate in December would be able to make a similar size donation to that candidate come January, but he would not be able to enter into a second loan agreement.

While this may seem like a trivial amendment to my colleagues over on that side of the House, I would suggest it is a common sense amendment, and I hope they will consider keeping it in the bill.

I could not speak to Bill C-29 without mentioning some of the concerns that have been raised in some quarters about the limits imposed by this bill.

First, there has been some concern raised by several financial institutions that this bill would, to a significant degree, give them some control over who has the ability to run for federal office or for leadership of a political party in this country. If a candidate is not able to meet the requirements of his or her bank to secure a loan, then that candidate will be severely handicapped in the early stages of his or her campaign.

I have the sense that banks are not worried so much about actually denying someone a loan in order to run for office. After all, they are professionals and will base their decisions on to whom to lend money on sound financial principles. The problem for them would be an apparent conflict of interest if one or several candidates from a particular party are denied loans while other parties do not seem to have any trouble.

I do not believe that these waters are unnavigable for the banks. I believe that in terms of provincial political loans some provinces already have in place measures similar to this one and the banks appear to have done fine in that respect. It is, however, something that we in the House must be mindful of and continue to monitor as we move forward.

There has also been some concern raised in some circles that this bill would severely disadvantage Canadians who are less well off and yet wish to run for political office. If a candidate has not built up sufficient equity or maintained a strong enough credit rating, he or she will be prevented from securing the loans that might help launch their political careers. I know that the National Women's Liberal Commission made a submission to the procedure and House affairs committee that outlined such a concern.

As I said earlier, I will be supporting Bill C-29 with its current amendments, but I would hope that if in the future it became evident that these types of problems were occurring, the House would be willing to reopen the issue and ensure that the problems were resolved.

Canada Elections ActGovernment Orders

February 11th, 2008 / 5 p.m.
See context

Liberal

Paul Szabo Liberal Mississauga South, ON

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Canada Elections ActGovernment Orders

February 11th, 2008 / 4:55 p.m.
See context

Bloc

André Bellavance Bloc Richmond—Arthabaska, QC

Sorry, Mr. Speaker. I had a little surgery last week and rise a bit more slowly, but do not worry because I will be ready for the next election and fast on my feet.

I have a question for my colleague from Saint-Jean, who gave a very interesting speech in 10 minutes, as he himself said. He was not able to cover the entire issue, but never mind, there will be several Bloc speeches on Bill C-29.

I wanted to ask my colleague what he thinks about the fact that the opposition parties made some very interesting suggestions in committee to improve this bill. It is up to us now in the House. The government brought three motions forward, of which two are totally unacceptable. I would like my colleague to tell us more about one of them. It says that when candidates incur debts, their political party is responsible for them. The Conservative government is keen on this and I would like to know what my colleague from Saint-Jean thinks.

The House resumed from December 5, 2007 consideration of Bill C-29, An Act to amend the Canada Elections Act (accountability with respect to loans), as reported (with amendment) from the committee, and of the motions in Group No. 1.

Canada Elections ActGovernment Orders

February 11th, 2008 / 4:25 p.m.
See context

Regina—Lumsden—Lake Centre Saskatchewan

Conservative

Tom Lukiwski ConservativeParliamentary Secretary to the Leader of the Government in the House of Commons and Minister for Democratic Reform

Mr. Speaker, I rise on a point of order.

There have been consultations among all parties concerning additional report stage amendments to Bill C-29.

These amendments are necessary to ensure that other provisions of the Canada Elections Act are consistent with amendments that have been made to the bill by the procedure and House affairs committee.

Although report stage debate of the bill has already begun, and many of the amendments that have been under discussion are beyond the scope of Bill C-29, Mr. Speaker, I believe you will find unanimous consent to adopt the following six amendments.

I would ask for the indulgence of the House, as these amendments are lengthy. I move:

That, notwithstanding any Standing Order or usual practice of the House, Bill C-29 be amended by adding after line 13 on page 1 the following:

2.1 Subsection 403.34(1) of the Act is replaced by the following:

403.34(1) An unpaid claim mentioned in a return referred to in subsection 403.35(1) is deemed to be a contribution of the unpaid amount to the registered association made as of the day on which the expense was incurred or the loan was made, as the case may be, if the claim remains unpaid in whole or in part

(a) 18 months after the end of the fiscal period to which the return relates, in the case of a claim to be paid for an expense; or

(b) three years after the day on which the amount is due according to the terms of the loan, in the case of a claim for a loan made to the registered association under section 405.5.

That, notwithstanding any Standing Order or usual practice of the House, Bill C-29 be amended by adding after line 15 on page 6 the following:

7.1 Subsection 423.1(1) of the Act is replaced by the following:

423.1(1) An unpaid claim mentioned in the financial transactions return referred to in subsection 424(1) or in an election expenses return referred to in subsection 429(1) is deemed to be a contribution to the registered party of the unpaid amount on the day on which the expense was incurred or the loan was made, as the case may be, if the claim remains unpaid in whole or in part

(a) 18 months after the end of the fiscal period to which the return relates or in which the polling day fell, as the case may be, in the case of a claim to be paid for on expense; or

(b) three years after the end of that fiscal period in the case of a claim for a loan made to the registered party under section 405.5

That, notwithstanding any Standing Order or usual practice of the House, Bill C-29, in clause 10, be amended by:

(a) replacing line 1 on page 7 with the following:

10.(1) Subsection 435.24(1) of the Act is

(b) adding after line 8 on page 7 the following:

(2)The portion of subsection 435.24(2) of the Act before paragraph (a) is replaced by the following:

(2) The requirement to pay a claim within three years does not apply to a claim in respect of which

435.29(1) An unpaid claim mentioned in a return referred to in subsection 435.3(1) is deemed to be a contribution of the unpaid amount to the leadership contestant made as of the day on which the expense was incurred if the claim remains unpaid, in whole or in part, three years after the end of the leadership contest.

That, notwithstanding any Standing Order or usual practice of the house, Bill C-29 be amended by adding after line 28 on page 8 the following:

13.1 Subsection 435.29(1) of the Act is replaced by the following:

435.29(1) An unpaid claim mentioned in a return referred to in subsection 435.3(1) is deemed to be a contribution of the unpaid amount to the leadership contestant made as of the day on which the expense was incurred if the claim remains unpaid, in whole or in part, three years after the end of the leadership contest.

That, notwithstanding any Standing Order or usual practice of the House, Bill C-29 be amended by adding after line 41 on page 10 the following:

19.1 Subsection 450(1) of the Act is replaced by the following:

450.(1) An unpaid claim mentioned in a return referred to in subsection 451(1) is deemed to be a contribution of the unpaid amount to the candidate made as of the day on which the expense was incurred or the loan was made, as the case may be, if the claim remains unpaid in whole or in part

(a) 18 months after polling day for the election to which the return relates, in the case of a claim to be paid for a candidate's electoral campaign expense; or

(b) three years after that polling day, in the case of a claim for a loan made to the candidate under section 405.5.

(Bill C-29. On the Order: Government Orders:)

December 5, 2007--Report stage of Bill C-29, An Act to amend the Canada Elections Act (accountability with respect to loans) as deemed reported by a committee with amendments--Leader of the Government in the House of Commons and Minister for Democratic Reform

Business of the HouseOral Questions

December 6th, 2007 / 3 p.m.
See context

York—Simcoe Ontario

Conservative

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

Mr. Speaker, 2007 has been a great year for Canada and a great year for the House of Commons.

Next week is the last week of the fall sitting and the last week before the new year. The sitting and the year have been extremely successful for the federal government, as we have introduced legislation in all of our priority areas and have delivered results for Canadians.

However, since we have only a few sitting days remaining this year to address important tax cuts, security issues and other priority bills still pending, Canadians are expecting us to work very hard in the coming days to produce results for them.

We want to see our priority bills passed in this House and sent to the Senate so that they may become law before Christmas. As a result, next week will be 2007, a year of results week.

We plan to build on our past achievements by debating and passing the budget implementation bill, which would lower taxes for all Canadians by reducing the GST to 5%, as well as by bringing in tax cuts for individuals and corporations.

We will debate Bill S-2, An Act to amend the Canada-United States Tax Convention Act, 1984, which must be passed by Parliament before January 1 to ensure that it is implemented and we can benefit from that.

We will also debate our railway transportation bill, Bill C-8, and our bill on the settlement of international investment disputes, Bill C-9. Both bills will help create jobs and provide economic certainty for Canadians.

Our government will continue to show Canadians that we are serious about tackling crime and strengthening the security of Canadians. Next week, we expect that our security certificates bill, Bill C-3, will be reported back from committee. The bill will then be debated at report stage and third reading. We hope the hon. members of the House understand the importance of passing this legislation so that it may be considered and passed by the Senate before the deadline imposed by the Supreme Court.

We will debate any amendments made to our Bill C-13 on criminal procedure, currently being examined by the Senate.

Speaking of the Senate, the government hopes that the tackling violent crime act will pass the Senate so Canadians can feel safer over the Christmas holidays knowing that the bill has been enacted into law.

Canadians also expect their institutions to be more accountable and democratic. We have built a record of results on this file as well, with the passage of the Federal Accountability Act and Bill C-31 to improve the integrity of the voting process. Next week we will continue with our plans in this area by debating Bill C-29, which closes a loophole in our campaign financing laws that Liberal leadership candidates used to bypass campaign contribution limits last year.

We would also like Bill C-6, on the visual identification of voters, and Bill C-18, on the verification of residence, to be sent back by committee. It is important for these bills to become law, so that they can be implemented in time for the next byelections.

Tomorrow I will also seek consent to send Bill C-30, the specific land claims bill, to committee. This bill to create certainty and allow land claims to be resolved more quickly is a welcome addition and the country will be better off the sooner its process is put in place.

This year, 2007, has been an excellent year for Canada. Our economy is booming, the country is united and there is integrity in government.

We have achieved a lot this year. Our government has delivered real results for Canadians in 2007 and will continue to do so next week and in the new year.

Motions in AmendmentCanada Elections ActGovernment Orders

December 5th, 2007 / 5:25 p.m.
See context

Conservative

The Acting Speaker Conservative Royal Galipeau

It being 5:30, the House will now proceed to the consideration of private members' business as listed on today's order paper.

When we next return to the study of Bill C-29, there will be five minutes left for the hon. member for Halton.

Motions in AmendmentCanada Elections ActGovernment Orders

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

Liberal

Garth Turner Liberal Halton, ON

Mr. Speaker, I am pleased to speak to this bill in the few minutes left in debate here today.

Mostly, I would like to talk about the law of unintended consequences. I think it is a law that somewhat bedevils the government. For example, when it brought in legislation to fix what it perceived was a problem with income trusts, we ended up actually making the situation a lot worse with Canadians, investors and the economy. I am kind of concerned that the law of unintended consequences might click in with Bill C-29.

The bill seeks to add clarity and transparency to the way that we politicians finance our political activities, mainly election campaigns. It would disallow us the ability to go and borrow money from friends, relatives, places of employment or supporters. It would disallow us the ability, as I understand it, to finance our own campaigns with money borrowed in our own name. In other words, money now has to be borrowed only from a financial institution.

On the surface of it, that does not sound so bad because it makes somewhat of a level playing field among all of us, but when the law of unintended consequences clicks in, all of a sudden we see this. People who are without the means to convince a commercial lending institution to actually give them money for something as dubious and uncertain as running for public office end up out of luck, and, because this is now their sole ability to get borrowed funds to run, we might end up having a lot of people, who would be very worthwhile to have in this place, who would never get here.

I am worried about the consequences, for example, of people with bad credit and people who are not wealthy and who cannot put up a lot of resources to guarantee a loan. Perhaps there are people who are from various groups, female candidates or aboriginal candidates, people who richly deserve to be in this House, who will never make it because of this legislation.

I do not think that is what the government intended. I doubt it is even what the Minister for Democratic Reform intended when this legislation was brought forward. I think it was intended more to catch people, such as the member for Mississauga—Streetsville who crossed from the Liberals to the Conservatives not long ago and now sits as an Independent. I believe it was put into place to catch situations such as that, but the laws of unintended consequences here are very serious.

Effectively, because the only source of borrowed money for a political campaign would now be from a financial institution, which has the power to grant or not to grant that, financial institutions would be given the power of life and death over a political campaign. If they do not finance the campaign, the candidate does not get a campaign. I do not think that is the role of our banks in this country to do that.

I am very concerned that the bill would do nothing to encourage accountability. The system has a lot of accountability now. If people borrow money for a political campaign, they must divulge that. Our guarantor must be public. The terms of the loan must be public. Right now there is every reason to believe that we have adequate accountability in the system.

The Conservatives suggest that the law, as it now stands, somehow leads to secret financing of political campaigns. That is absolutely false. If this legislation does go forward, this place might remain the purview of guys like me: old, white, wealthy, middle class individuals, and, God knows, looking around this chamber right now, I think we have enough of them.

This legislation is actually anti-democratic and I am not about to surrender the ability of good people to run this place to the presidents of banks, and particularly the loan officers of those institutions.

Therefore, I must say that I do not agree with this legislation at all. I think it is draconian and I would call upon the Minister for Democratic Reform to withdraw it.

Motions in AmendmentCanada Elections ActGovernment Orders

December 5th, 2007 / 5:20 p.m.
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Bloc

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

Mr. Speaker, my colleague from Winnipeg Centre raises a very interesting question. A distinction must be made between, on the one hand, the legislative rules that would be brought in under Bill C-29 and, on the other hand, the constitutions of each of our parties. The NDP constitution is different from ours; the Liberal constitution is different from that of the Conservatives. It is therefore very difficult, but it is absolutely necessary—

Motions in AmendmentCanada Elections ActGovernment Orders

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

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

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

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

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

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

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

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

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

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

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

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

Motions in AmendmentCanada Elections ActGovernment Orders

December 5th, 2007 / 4:45 p.m.
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Liberal

Larry Bagnell Liberal Yukon, YT

Mr. Speaker, I am very pleased to be here in the House to discuss Bill C-29, An Act to amend the Canada Elections Act (accountability with respect to loans).

We of course as Liberals certainly support the spirit of this bill, but as with most of the government bills this session there are a number of problems. We can see this simply by the fact that there are a number of amendments that have been made to the bill.

The Liberal Party has always supported carefully identified limits and in fact, as many have said in the House already, the Liberal Party of Canada brought in the largest reduction of allowable political contributions in Canadian history and included a huge decrease in what corporations could donate.

As members from different parties have mentioned, I too believe that members of Congress are in an unfortunate situation. They can only sit for two years before the next election and in that time they have to raise millions and sometimes tens of millions of dollars. Some of the members had other problems with that. I do not enjoy fundraising as it is, but the problem I have is when are we going to do our work if we are trying to raise tens of millions of dollars within a two year period.

A lot of our efforts, as all members of Parliament know, are so overburdened with things to do to help our constituents to improve laws, to attend committees, to meet with organizations that want to influence us on a national level in Ottawa, and then we go back on the weekends and hear all the same things from organizations in our ridings.

If we are going to give a fair hearing to all of these people, look at legislation carefully, prepare for our committee work, prepare for our caucus meetings, and then in a two year period have to raise tens of millions of dollars on top of that, something will be lacking.

Therefore, I certainly think the system we have is very good in that respect which is one of the reasons we limited contributions so much in our system. We support that direction in electoral reform.

Along those lines we want to eliminate any undue abuse of loans that could pervert that system. The problem is that the Conservatives are suggesting that the current legislation allows loans to be written off without consequence. This is absolutely false. Loans cannot be used to avoid donation limits and they cannot be written off without consequence.

There is also another similar point about where the proponents of the bill are misleading Canadians about the current state of the law concerning political financing. The Conservatives are suggesting that the current law allows loans to be made in secret and that Canadians are kept in the dark.

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

Therefore, we have to be careful that we are not just writing redundant legislation that is already covering elements that are already in place, elements of course of transparency and accountability that I am sure every member of the House would like to see.

Another element that has been raised during the debate is the philosophical question as to whether it would give financial institutions the final say in who runs as opposed to Canadians. This has been raised by several members in the House and some of my colleagues. I think each member of Parliament will have to think philosophically about that situation where loans only come from those particular institutions.

Of course we all want to ensure transparency and that there is no undue access by any particular groups of people or organizations, and we want to be absolutely sure about that. However, we also do not want to restrict the rights of Canadians to access the democratic process, to take part in it, to show that they are serious, and to contribute toward what they believe in. We certainly need to get a balance in those areas.

I want to talk about the two amendments. In a bill related to accountability and the democratic process, the committee democratically approved these amendments but now the government is trying to withdraw them.

The first amendment I want to speak about would have the Conservatives changing the contribution for a leadership campaign. It is presently $1,100, a very tiny amount. We can well imagine the costs for leaders as these campaigns sometimes take several years.

However, the costs for a candidate are very high. We want to be fair to Canadians from all parts of the country and we do not want to discriminate against rural Canadians. We want to allow candidates to get across the country, but the costs and expenses of their travel, their team and the preparation of policy and promotional material, and all that is involved in preparing for debates, all of that is very expensive. So a contribution of $1,100 is not going to go very far.

The present proposal and existing law allows $1,100 per year of a campaign. Usually that would be two years or three years until the contribution has been paid off and it is not an excessive amount of money.

The Conservatives are trying to withdraw what the committee has done and only allow a contribution of $1,100 for the entire lifetime of the campaign and of the process no matter how long it is. Of course, we disagree with that as do some others.

We also have a problem with the second amendment and speakers from other parties have spoken about problems with this amendment as well. The Conservatives are trying to suggest that if a candidate runs up some debt then his or her party or the local association, if there is one, would have to pay that debt.

Really, I cannot imagine many people seeing the sense in allowing other people to run up debt. If I were to run up a debt and then tell the Conservatives they would have to pay for it when they had nothing to do with incurring that debt, that is not the way the system should work.

There could be candidates who go out and incur debt that no one knows about and that puts the onus on people who did not even know the debt was incurred to repay that debt. Or, an organization that is thousands of miles away and would not have any idea that the debt was being incurred would ask the candidates to repay such a debt.

I am not sure that would withstand any type of court challenge related to fairness. We cannot go along making loans that people do not know about and then asking them to pay for it. That is why there has been so much objection to that amendment.

In my last 30 seconds I want to emphasize a point regarding accountability. When the government is putting a whole bunch of conditions on people and government programs, then the clients who really need that money do not have a bureaucracy to make all these overzealous rules and meet these conditions are really being harmed by that mismanagement of government.

Motions in AmendmentCanada Elections ActGovernment Orders

December 5th, 2007 / 4:35 p.m.
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Liberal

Keith Martin Liberal Esquimalt—Juan de Fuca, BC

Mr. Speaker, Bill C-29 deals with the Canada Elections Act and accountability.

I will do a bit of history and talk about public accountability. Unfortunately what has happened for decades is the confusion with respect to what public accountability is or is not and the confusion between public accountability, conduct and responsibility. To the casual observer it seems they would be very much the same thing, but they are not and the implications of that are quite significant.

I owe much of this to Mr. Henry McCandless, from Victoria, who is a retired senior member of the Auditor General's office. He has waged a battle for many years to introduce true public accountability into the public service and into Parliament for the reason of affecting conduct. If we get public accountability right, in effect what we will be able to do is affect conduct and have a transparent means upon which the public can know what we, as elected officials, do and therefore be judged by that. In fact, if we get public accountability correct it is a liberating exercise for those of us who serve and for the public itself.

Let me for a moment give a true definition of public accountability. Public accountability is the obligation of authorities to explain publicly, fully and fairly, before and after the fact, how they carry out their responsibilities that affect the public in important ways. It is an obligation to report publicly to explain the intentions and reasons, including performance standards, what those performance standards are and, after the fact, whether they have been met.

In other words, the outcome of performance and the learning game can also be applied and in doing so, it is the liberating experience. Said another way, we as elected officials and senior members of the public service have an obligation to Canadians to tell them what we will do, why we will do it and what the public performance standards are upon which we will be judged. Then the outcomes can be judged and measured. We not only can go hand on heart and tell the public, in a transparent way, what we will do, but we know what we will be judged on. We know what the goals are, the public knows what the goals are. In doing this, we can measure very clearly how effectively we have executed our duties in the interests of the public good.

That should have been in the public accountability bill, but it has nothing whatsoever to do with public accountability and had everything to do with conduct. It has put on layers upon layers of administrative oversight, which are utterly unnecessary, upon the shoulders of the public service. This has created an expensive mechanism that will add absolutely nothing to public accountability and, in fact, will diminish the effectiveness of the public service to carry out its duties.

I cannot overemphasize the fact that the public accountability bill has been one of the most damaging public initiatives by the current government, or any government, in allowing the public service to execute its duty and for the public to be served well by an effective public service and an effective Parliament. Because this happened on the back of Gomery inquiry, it was a political initiative on the part of the government to try to make it look like it was cleaner than the previous government. It was all a bunch of nonsense. It was purely a political exercise.

The tragedy of the political exercise, the public accountability bill, is it has diminished the effectiveness of the public service and Parliament. Maybe the government wanted to do that. The Prime Minister is a follower of the U.S. political philosopher, Leo Strauss, who believed that a small number of people were predestined and preordained to lead. The Prime Minister is exhibiting that in Parliament and in the execution of his duties and that of the government.

Through what he has done, we do not now have a Parliament by the people, for the people or for the public through their elected officials. We have a government that is run by the Prime Minister's office, by a small group of unelected, invisible people who govern. These people do not listen to the public service. They exclude civil society and NGOs. They certainly diminish the effectiveness of the House by not listening to their members, their backbenchers and their ministers, their executive for the most part. They certainly do not give a care what anybody else thinks in the House. They also do not care what the public thinks.

If they are so sure in their ideology, that they believed they were preordained to govern and that their ideas are the only ideas that count and they have a tin ear to anybody else's ideas, then they will only move forward what they want and they will not listen to anybody else. However, by that, the public and our country is not served well. If they do not listen to Parliament, if they do not listen to other ideas from across the House, if they do not listen to their members, if they do not work with members from different sides, if they do not listen to NGOs and civil society and experts in our country, even the provinces, which are largely and often being excluded from decisions that affect them, what we have is a government that is less than what it could be, that is open to umpteen mistakes and that makes our country less than what it could be.

Is it not a government's responsibility to tap into the best and brightest ideas in our nation? Is it not a government's responsibility to tap into those great minds and those great ideas from coast to coast? Is it not a government's opportunity to tap into those solutions and implement them in the interest of the public good? I submit they are.

If the government were to truly introduce a public accountability act, it would put the responsibility on the shoulders of elected officials and unelected public servants, which includes people in the PMO and the PCO, to tell the public what they will do, who will benefit, why they will benefit and identify the public reporting standards upon which its activities are going to be judged. This would liberating for a government. The government could go to the public, tell it what it had done and how effective it had been. In those areas where a government had fallen short, there would be lessons to learned, and the public would fully understand that.

If a government were to do that, it would affect conduct. The conduct of an individual or a party would be measured by that which it told the public it would do. The government ought to be transparent, effective, wise and accountable.

There is a misnomer that public moneys or private moneys can somehow affect decision making. I wonder how many folks out there know that the limits for what people can donate legally to our elections, and to anybody who is running federally for a public office, is very modest. I believe it is between $1,000 and $5,000, $5,000 being the maximum. Banks, organizations and such, could only donate $5,000.

That is very different from the situation south of the border, where there are no spending limits. Thankfully our country has spending limits and they are governed by law. Therefore, if somebody is going to provide big money to somehow affect the public voting or influence an elected official: (a) the amount of those moneys would have to be large; (b) the person would have to be unscrupulous; and (c) if the person accepted it, he or she would be committing an illegal act. For many years it has been illegal for elected officials to accept large sums of money that would influence our decision making.

The government's notion of public accountability is dead wrong. It needs to review what it is and implement true public accountability. It would be something that no other government has done before and it would be a remarkable legacy if it were to do that.

Motions in AmendmentCanada Elections ActGovernment Orders

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

Pat Martin NDP Winnipeg Centre, MB

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Motions in AmendmentCanada Elections ActGovernment Orders

December 5th, 2007 / 4:15 p.m.
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Bloc

Pauline Picard Bloc Drummond, QC

Mr. Speaker, under Bill C-29, loans, guarantees and contributions from individuals could not exceed the limit set out in the Federal Accountability Act, $1,100 in 2007. Only financial institutions—at commercial interest rates—and other political entities would be allowed to lend amounts exceeding that amount. The rules governing unpaid loans would be strengthened to prevent candidates from walking away from their debts.

We agree with these provisions. Quebeckers have always wanted this legislation to be as transparent as possible. We think that the way we do things in Quebec—

Motions in AmendmentCanada Elections ActGovernment Orders

December 5th, 2007 / 4 p.m.
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Bloc

Pauline Picard Bloc Drummond, QC

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Motions in AmendmentCanada Elections ActGovernment Orders

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

Marcel Proulx Liberal Hull—Aylmer, QC

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Motions in AmendmentCanada Elections ActGovernment Orders

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

York—Simcoe Ontario

Conservative

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

moved:

Motion No. 1

That Bill C-29, in Clause 4, be amended by deleting lines 13 to 17 on page 2.

Motion No. 2

That Bill C-29, in Clause 5, be amended by replacing lines 29 to 35 on page 4 with the following:

“case of a candidate, the selection date as defined in section 478.01 in the case of a nomination contestant, the end of the leadership contest in the case of a leadership contestant, and the end of the fiscal period during which the loan was made in the case of a registered party and registered association, is deemed to be a contribution of the”

Motion No. 3

That Bill C-29, in Clause 5, be amended by replacing lines 32 to 35 on page 5 with the following:

“Officer shall inform the lender of his or her decision; furthermore, the candidate's registered association or, if there is no registered association, the registered party becomes liable for the unpaid amount as if the association or party had guaranteed the loan.”

Mr. Speaker, I am pleased to be bringing before the House once again the bill on accountability with respect to loans, former Bill C-54 now Bill C-29, which was reinstated at report stage, in the same form as at prorogation.

The hon. members will certainly recall that this bill amends the Canada Elections Act in order to establish stricter and more transparent rules for loans to political entities. These amendments will ensure a more responsible and transparent use of loans as a tool for political financing. In this regard, accountability and transparency are essential to maintain the confidence of Canadians in the integrity of the political process.

This bill is one of many measures taken by our government to improve democracy and accountability in Canada, in accordance with three major principles of democratic reform: reform of political financing, improving the electoral system and modernizing the Senate.

In the October 2007 throne speech, the government reaffirmed its intention to proceed with these reforms. Our dynamic legislative program of democratic reforms will make real and significant improvements to our democratic institutions.

I remind the House that the amendments proposed for the treatment of loans in Bill C-29 are an important measure to maintain public confidence in this institution and our democracy.

Canadians must have confidence that there is no opportunity for the wealthy to secure undue influence in our political process.

The measures in Bill C-29 follow closely on this government's achievements in the Federal Accountability Act to ensure greater accountability and transparency in political financing. The objective was to eliminate the undue influence of big money in politics.

Members will recall, however, that during the recent Liberal leadership campaign big money found a back door to undue influence through large personal loans well in excess of the legal contribution limit.

The amendments would mean that the same standards of transparency that currently apply to contributions would apply to loans.

By closing the loopholes that allow people to use loans to get around both the limits on contributions and the restrictions on their source, Bill C-29 will ensure that the reforms that have already been made to political contributions cannot be undermined by the abuse of loans.

I would like to remind the House of the measures that are included in this bill. First, the bill would put in place a uniform and transparent disclosure system for all loans to political entities, including the compulsory disclosure of loans' terms and conditions and of lenders' and guarantors' names. This measure would make loans more transparent and standardize the treatment of loans for all categories of political entity, which is not the case at present.

Second, the annual contribution limit for individuals established in the Federal Accountability Act would apply to loans as well. Loans and loan guarantees would be counted as contributions toward the $1,100 annual limit at the time they were made. This change would ensure that loans could not be used to circumvent the limit on individual contributions.

Third, only financial institutions and other political entities could make loans beyond that $1,100 limit. This change would mean that unions and corporations would now be unable to make loans consistent with their inability to make financial contributions. They could not disguise contributions as loans, which is a possibility under the current law.

Lastly—and I will come back to the importance of this proposal shortly—the bill proposes to tighten the rules for the treatment of unpaid loans to ensure candidates could not walk away from unpaid loans. Riding associations, or the guarantor if there is no riding association, would be held responsible for unpaid loans taken out by candidates.

In the previous session, the Standing Committee on Procedure and House Affairs devoted careful study to the provisions of this bill and, after recent deliberations, has reported it back to the House with amendments.

Several of these amendments are valuable additions to the rules governing the treatment of loans, because they make the system described in the bill more equitable.

Notably, a change has been put forward by government members and supported by our opposition counterparts to exclude from the annual contribution limit any portion of a loan that is repaid to the lender and any unused loan guarantees. The effect of this change is to allow a lender, whose loan has been repaid or whose guarantees have been unused, still to contribute up to the annual contribution limit.

A change has also been put forward by our former colleague from Vancouver--Quadra, Mr. Owen, to require the Chief Electoral Officer to hear representations from affected interests before making a determination about a deemed contribution. This change, although technical in nature, would ensure certainty and uniformity in procedural fairness in dealings with Elections Canada.

There was also an amendment to extend the period of time as to when an unpaid loan is deemed to be a contribution from 18 months up to 3 years. In the spirit of working in a minority Parliament, the government is also prepared to accept this amendment.

I commend these amendments to the House on the grounds that they improve the overall regime of political financing in the Canada Elections Act.

However, there were some unwelcome amendments from the committee.

At this time, I would like to give some credit to my colleague, the New Democratic Party member from Winnipeg Centre. He has been a strong supporter of this legislation and, in fact, championed it even before it was introduced. We appreciate the cooperation he has shown with us in helping to develop the bill and discussing it at every stage. In particular, I appreciate his cooperation and discussion on the issue of redressing the two unwelcome amendments that were proposed in committee but which the government proposes to reverse.

I thank him for the commitment he gave to this government that his party would support the effort to remove these amendments. These amendments cause the government concern because they undermine the regime that is presented in the bill. Therefore, we have put on notice, motions to amend the bill to restore certain important provisions that have been undermined by opposition amendments.

One of these unwelcome amendments provides that the contribution limits for leadership candidates be calculated annually rather than per contest, as is now the case. This change, if it were allowed, would allow contributors to bypass the legal limit on contributions to leadership campaigns if a candidate carried that debt over different calendar years or if the leadership campaign happened to overlap different calendar years.

That runs counter to the principle enacted in the Federal Accountability Act that contributions to leadership campaigns by individuals be capped at $1,100 per contest. The government considers this change unacceptable and proposes that the per event contribution limit be restored.

I appreciate again the support that the member for Winnipeg Centre has expressed to us on behalf of his party for that amendment. We are optimistic that, with the support of the New Democratic Party, we should be successful in restoring the provisions originally intended to achieve accountability and political loans on that level.

The second unwelcome amendment removed from the bill is the provision that a riding association would assume liability for the unpaid loans of an endorsed candidate. The change proposed by the opposition would allow political candidates to walk away from debts incurred in campaigns. This is contrary to the spirit of accountability in the bill.

This proposed opposition change would undo one of the most important accountability enhancements presented by the government for the treatment of loans, an enhancement that would create greater certainty about the responsibility for unpaid loans.

The original form of the bill, which we are seeking to restore, not only would ensure principles of financial accountability at the local level, but would also encourage local riding associations to work more closely with their candidates and their campaigns. Again, I appreciate the support and the commitment that the New Democratic Party member gave on behalf of his party to the government and to myself for our efforts to restore the bill to its original form on this issue of trailing debt from campaigns.

A similar rule applies at the provincial level of my home province of Ontario. Section 44(4) of the Ontario Election Finances Act provides that any eventual provincial candidate's financial deficit is assumed by the local riding association. This has worked very well in Ontario at the provincial level, and opposition concerns, which resulted in the provision being amended in our bill at committee, are clearly ill-founded based on the very successful practice experienced by all of the three major parties in Ontario in dealing with the bill.

The government is, therefore, proposing to restore the provision that a candidate's registered association, or registered party if there is no registered riding association, would become liable for the unpaid amount of a loan that a candidate does not repay.

Finally, I would like to point out that there is a technical amendment required to clause 5 of the bill. That clause was amended at committee and the language employed about when a loan is deemed to be a contribution ought to be made consistent with the defined terms used throughout the Canada Elections Act. We are, therefore, proposing that the language be clarified.

In all, these are amendments that are reasoned and principled and serve the overriding principle that accountability be strengthened for the use of loans as a political financing tool.

We are committed to cleaning up campaign finance. We are going to move to do that as we move forward--

Speaker's RulingCanada Elections ActGovernment Orders

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

Liberal

The Speaker Liberal Peter Milliken

There are three motions in amendment standing on the notice paper for the report stage of Bill C-29. Motions Nos. 1 to 3 will be grouped for debate and voted upon according to the voting pattern available at the table.

I shall now propose Motions Nos. 1 to 3 to the House.

The House proceeded to the consideration of Bill C-29, An Act to amend the Canada Elections Act (accountability with respect to loans), as reported, with amendment, from the committee.

Business of the HouseOral Questions

November 29th, 2007 / 3:05 p.m.
See context

York—Simcoe Ontario

Conservative

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

Mr. Speaker, this week's theme is getting the job done on justice and tax cuts. I am proud to say that our government got the job done on justice yesterday. The tackling violent crime act passed the House at third reading and the bill is now over at the Senate.

The government expects the Liberal dominated Senate to respect the will of this democratically elected House of Commons and quickly pass the bill, certainly before Christmas so Canadians can enter the new year safer and more secure in their neighbourhoods.

Today we will continue to get the job done on tax cuts by debating the budget implementation bill, which grants tax relief to all Canadians, especially by reducing the GST to 5%.

Next week will be economic certainty and prosperity week. Hopefully the budget bill will pass second reading this week so next week will begin with the Standing Committee on Finance considering it. The budget bill is an important part of our plan to provide economic certainty and prosperity for all Canadians.

The government hopes that the committee, once it receives the bill, will quickly review it and report it back to this House so it may proceed through the legislative process and receive royal assent before January 1, 2008. Canadians do not want to lose the reduction in the GST if parliamentarians fail to pass it into law before Christmas.

In this chamber next week we will continue to provide economic certainty and prosperity.

We will debate Bill C-23, to amend the Canada Marine Act, and Bill C-14, An Act to amend the Canada Post Corporation Act.

Both bills will help create jobs and a dynamic Canadian economy.

We will also debate Bill C-30, establishing an independent tribunal to which superior court judges will be appointed, to help resolve specific first nations claims.

This will deliver greater economic certainty for first nations and all Canadians.

We will also debate Bill C-29, which modernizes how loans are made to political parties, candidates and associations and how those loans are treated under the Canada Elections Act. This will create greater certainty by closing a loophole in our current campaign financing rules.

If time permits, we will debate our bill to strengthen the Youth Criminal Justice Act, Bill C-25.

Finally, in response to the question from the opposition House leader, Thursday, December 6 will be an allotted day provided that we have achieved early passage of the budget implementation bill and associated tax reductions.

Canada Elections ActRoutine Proceedings

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

York—Simcoe Ontario

Conservative

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

moved for leave to introduce Bill C-29, An Act to amend the Canada Elections Act (accountability with respect to loans).

Mr. Speaker, pursuant to special order made previously, I would like to inform the House that this bill is in the same form as Bill C-54 was at the time of prorogation.

(Motions deemed adopted, bill read the first time and printed)