An Act to amend the Canada Elections Act (foreign contributions)

This bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.

Sponsor

Blaine Calkins  Conservative

Introduced as a private member’s bill. (These don’t often become law.)

Status

Defeated, as of May 8, 2019
(This bill did not become law.)

Summary

This is from the published bill.

This enactment amends the Canada Elections Act to prohibit foreign contributions to third parties for election advertising purposes.

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

May 8, 2019 Failed 2nd reading of Bill C-406, An Act to amend the Canada Elections Act (foreign contributions)

Canada Elections ActPrivate Members' Business

May 6th, 2019 / 11:45 a.m.


See context

Conservative

Leona Alleslev Conservative Aurora—Oak Ridges—Richmond Hill, ON

Madam Speaker, I thank my colleague from Red Deer—Lacombe for bringing this important piece of legislation forward and for speaking on this issue.

I would like to expand a little and talk about the “so what?”. We talk about money in foreign interference, but we do not really talk about why it matters and so what. To get to that, we have to go back to first principles. Why do we have a democracy? Why does democracy matter to Canadians? What are the pillars that are the foundations of that democracy that we must uphold in order to have a structure and a sound system?

The most important aspect of a democracy is that it is the people who make the decisions around the future direction of their nation. Sovereignty means that we the citizens of Canada, and we alone, have the ability to choose the future of our nation and to shape that direction. To be able to make an informed choice as citizens in what we want to see as the future direction of our nation, we have to have sound information: information that provides both sides of the story, information that comes from Canadians and is not overwhelmed by a foreign agenda that may or may not be in the best interests of the nation.

Today, with the Internet, advertising and all of these other mechanisms, money can overwhelm the information that gets to Canadians. As a result, Canadians do not have access to all of the information in balance to be able to make an informed decision. When Canadians do not have the information to make an informed decision, then the very nature of our democracy is compromised because of the structure of the information that Canadians are getting to make those choices.

Therefore, as legislators, as lawmakers and as those who are entrusted with that sacred responsibility to enable Canadians to shape the future direction of the nation, we must look at mechanisms to be able to ensure that balanced and informed information is given to Canadians to make decisions, and not those that are completely overwhelmed by money and foreign agenda without Canadians even recognizing that there are hidden agendas at play, as my hon. colleague so clearly and effectively pointed out. There are organizations outside of the nation whose websites clearly say that their purpose is to further their agenda not the agenda of what is in the best interests of Canada.

While there are many things that the bill would not do, there are many things that it would do. It is not valid to say that we are not going to do anything because this one piece of proposed legislation is not perfect and does not have the full plethora of things we need to do to address this problem. What the bill would do, most importantly, is take that critical first step.

The bill says that there is a problem in Canada with foreign interference and money that is able to disproportionately influence and inform Canadians, in a bad way, so that they are not in a position to make decisions that are in the best interests of Canada. If we define that we have a problem, then the second thing is that the bill would take a critical first step to addressing that problem. It would also allow us to have a much broader conversation about all of the other pillars and solutions that we need to look at in order to fully understand the complexity of how Canadians are getting the information and the breadth of the problem. We can then ensure that Canadians can take back the decisions about their nation and that we can maintain our sovereignty, which is our ability alone, as Canadians, to make decisions in the best interests of the nation.

To say that it is not achieving all the things that we need it to achieve and therefore we cannot support it going forward, I completely agree is fundamentally flawed and disingenuous because we have to accept that we have a problem, that we need to take critical steps—this is a critical first step—and that we need to open up a very important conversation about understanding just how broad this problem is and just how we might be able to address it, because those who would further their agenda have big bucks, great incentive and all kinds of means at their disposal.

At the moment, they are more in the driver's seat than Canadians are, to be able to influence where Canada goes. This is something that all of us should be fundamentally concerned about, and that is why this is such an important piece of legislation being brought to the House today. We must support it and we must support cybersecurity, information security, elections monitoring and all those other things to ensure that the power of the future direction of the nation and the structure of the information that our citizens have to make clear, concise and informed decisions about the future direction of the nation rests in the hands of Canadians and Canadians' best interests, not in the hands of foreign actors who benefit perhaps from things that are not in the best interests of Canada.

That is a very drastic perspective to have to have. It is a very frightening prospect that we think we are making decisions as Canadian citizens when we vote. We think that we have the right information to make those decisions. It is very disconcerting to think that perhaps we do not. It is all the more reason to inform Canadians about how they may be being manipulated or influenced by information and actors who have different agendas than we in Canada do.

Perhaps that is the reason that the opposition does not want to support this motion. No one really wants to have come face to face with the prospect that we are not necessarily informed and able to shape the future direction of our nation. Sometimes we do not want to admit that there is a problem because of the possibilities of undermining the confidence of Canadians in the Liberal government.

To do that would not be in the best interests of the government or of Canadians in general. That is why we are so honoured to have this opportunity in front of us, because of the incredible importance of being able to address those things that need to be fixed such as money, elections and cybersecurity. Are our economic structures at risk? Are our financial structures at risk? Are our resources and our ability to get our resources to market at risk? Also, we are not making investments in our mining industry. What other aspects of Canadian society are at risk because of the manipulation of the information that we have from foreign money?

Are there other countries that benefit from our not getting our goods and services to market, other countries that benefit by our not investing in defence, other countries that are benefiting from our being dependent on their oil or their natural resources? All of those things are critical questions we must ask.

That is what the debate has done today, and we must have the courage to take meaningful action. That first step in meaningful action is for everyone in the House to support this very important motion on foreign interference. I thank the member for Red Deer—Lacombe for giving us the opportunity to have the debate, to bring it forward and to make Canadians understand just how critically important this is and what is at risk if we do not address it.

Canada Elections ActPrivate Members' Business

May 6th, 2019 / 11:55 a.m.


See context

The Assistant Deputy Speaker Carol Hughes

Resuming debate.

The hon. member for Red Deer—Lacombe has five minutes for right of reply.

Canada Elections ActPrivate Members' Business

May 6th, 2019 / 11:55 a.m.


See context

Conservative

Blaine Calkins Conservative Red Deer—Lacombe, AB

Madam Speaker, first of all, I want to thank all my colleagues in this House for taking the opportunity to speak to this bill. I do not agree with all the information I have heard, but I appreciate the fact that we have had the debate.

I must take umbrage with some of the arguments that have been used against this piece of legislation. We have heard opposition MPs say that this bill is extrajudicial and would cause problems and that we cannot enforce this law outside our borders. That is simply not true. This is actually about registered third parties inside Canada and whether they accept money from overseas. That is a simple thing to do. There is no extrajudicial or extraterritorial component to this piece of legislation, because it deals with the Canada Elections Act and registered third parties in Canada.

As for the penalties, I have heard it suggested that there is no penalty section. There is a catch-all penalty provision in every piece of legislation. There does not need to be. It is just a red herring thrown in. There do not need to be any specific penalties laid out because the general catch-all provisions in the Canada Elections Act for penalties are already there.

Speakers talked about whether Bill C-76 addresses this problem. It clearly does not. Bill C-76 does not address this problem, because it actually continues to allow third parties to receive foreign funding from foreign entities, be they state actors, individuals, corporations or other third party organizations registered as charitable organizations elsewhere in the world. What it requires is that if that money is actually used for an election purpose, an investigation has to be conducted by the election officials. At that particular time, one cannot sort out the molecules of where the money actually came from, just as one cannot sort out the molecules of what oil patch the gasoline in one's car came from. One cannot sort that stuff out at that point.

Bill C-76 actually allows backdoor financing from state actors, corporations that are not registered or are not conducting business in Canada, individuals, foundations and organizations to influence Canadian elections, especially in election advertising in the pre-writ and writ periods. That is the period leading up to an election and the period of the election itself.

Why on earth would we have laws that say that only Canadian individuals are allowed to donate to political parties for the purpose of an election and then allow unions and corporate interests and other interests outside our country to fund third parties during an election in Canada to change the results, the results, by the way, that organizations like Leadnow proudly display in their campaigns?

Is Leadnow, as a Canadian organization, allowed to engage in the politics of Canada? Of course it is. All my bill is saying is that if it makes the choice to take that money from outside Canada's borders, it cannot use it anymore. It cannot be allowed to participate in the election game, because it is not fair. If it cannot convince Canadians to donate to its cause and take part in what it is trying to do, it should not be allowed to justify the ends by means of getting money from outside Canada's borders.

It is not just small groups of individuals at bake sales. Leadnow, Tides and others are using things like the Yellowstone to Yukon conservation initiative or things like the PNCIMA initiative to have massive amounts of foreign money coming into British Columbia and the eastern slopes of Alberta to block pipeline projects. It is disingenuous for the member for Skeena—Bulkley Valley to say that it is a couple of people and a bake sale trying to stop a pipeline. It is simply not true. It is maybe one story out of 100 about foreign money influencing that pipeline project.

This bill, Bill C-406, is a good piece of legislation. It basically says that if one is going to get involved in the election, one should know in advance that if one takes money from outside the country, one will not be allowed to play in the game anymore, because it is cheating. It is cheating because elections belong to Canadians. Only Canadians should be allowed, with their opinions, with their information and with their money, to decide the fate of our country.

One can only assume, then, why other political parties in here would not have the patriotic sense of duty to ensure that our elections are free, fair and only conducted in the realm of the Canadian intellectual space, the economic space and the debate space we have during these elections. One can only assume that if members vote against this legislation, it is because they are willing to use any means possible to justify whatever ends they want. That means that they are willing to sell Canada's soul down the road for a little bit of money to pay for an election campaign.

Every time the rules are circumvented, trust and confidence are eroded. If we are going to have trust and confidence in our electoral process, we should send a signal loud and clear to the Canadian people that we are not putting up with it anymore by voting in favour of Bill C-406.

Canada Elections ActPrivate Members' Business

May 6th, 2019 / noon


See context

The Assistant Deputy Speaker Carol Hughes

The question is on the motion. Is it the pleasure of the House to adopt the motion?

Canada Elections ActPrivate Members' Business

May 6th, 2019 / noon


See context

Some hon. members

Agreed.

No.

Canada Elections ActPrivate Members' Business

May 6th, 2019 / noon


See context

The Assistant Deputy Speaker Carol Hughes

All those in favour of the motion will please say yea.

Canada Elections ActPrivate Members' Business

May 6th, 2019 / noon


See context

Some hon. members

Yea.

Canada Elections ActPrivate Members' Business

May 6th, 2019 / noon


See context

The Assistant Deputy Speaker Carol Hughes

All those opposed will please say nay.

Canada Elections ActPrivate Members' Business

May 6th, 2019 / noon


See context

Some hon. members

Nay.

Canada Elections ActPrivate Members' Business

May 6th, 2019 / noon


See context

The Assistant Deputy Speaker Carol Hughes

In my opinion the nays have it.

And five or more members having risen:

Canada Elections ActPrivate Members' Business

May 6th, 2019 / 12:05 p.m.


See context

The Assistant Deputy Speaker Carol Hughes

Pursuant to Standing Order 93, a recorded division stands deferred until Wednesday, May 8, 2019, immediately before the time provided for private members' business.

Canada Elections ActPrivate Members' Business

May 6th, 2019 / 12:05 p.m.


See context

Independent

Darshan Singh Kang Independent Calgary Skyview, AB

Madam Speaker, I rise on a point of order. It is with respect to the complaint made against me by one of my office staff.

I have consistently maintained that my intentions and contact have been proper and honourable. These are the values I live my life by. However, if any of my actions have unintentionally caused difficulty for any person, I am sorry. I sincerely apologize.

I strongly believe in the integrity of the House, and I accept the high standards that all members must abide by. With all due respect, I will continue to serve this chamber and my constituents to the best of my ability.

The House resumed from May 6 consideration of the motion that Bill C-406, An Act to amend the Canada Elections Act (foreign contributions), be read the second time and referred to a committee.

Canada Elections ActPrivate Members' Business

May 8th, 2019 / 6:55 p.m.


See context

The Speaker Geoff Regan

The House will now proceed to the taking of the deferred recorded division on the motion at second reading stage of Bill C-406 under Private Members' Business.

(The House divided on the motion, which was negatived on the following division:)

Vote #1314