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.

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.
See context

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.