An Act to amend the Canada Elections Act (political financing)

This bill is from the 42nd Parliament, 1st session, which ended in September 2019.

Sponsor

Karina Gould  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

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

This enactment amends the Canada Elections Act to
(a) enact an advertising and reporting regime for fundraising events attended by Ministers, party leaders or leadership contestants; and
(b) harmonize the rules applicable to contest expenses of nomination contestants and leadership contestants with the rules applicable to election expenses of candidates.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-50s:

C-50 (2023) Law Canadian Sustainable Jobs Act
C-50 (2014) Citizen Voting Act
C-50 (2012) Law Appropriation Act No. 4, 2012-13
C-50 (2010) Improving Access to Investigative Tools for Serious Crimes Act
C-50 (2009) Law An Act to amend the Employment Insurance Act and to increase benefits
C-50 (2008) Law Budget Implementation Act, 2008

Votes

Feb. 13, 2018 Passed 3rd reading and adoption of Bill C-50, An Act to amend the Canada Elections Act (political financing)
Feb. 6, 2018 Passed Concurrence at report stage of Bill C-50, An Act to amend the Canada Elections Act (political financing)
Feb. 6, 2018 Failed Bill C-50, An Act to amend the Canada Elections Act (political financing) (report stage amendment)
Feb. 6, 2018 Failed Bill C-50, An Act to amend the Canada Elections Act (political financing) (report stage amendment)
June 15, 2017 Passed 2nd reading of Bill C-50, An Act to amend the Canada Elections Act (political financing)

Canada Elections ActGovernment Orders

February 2nd, 2018 / 1:25 p.m.

The Assistant Deputy Speaker Anthony Rota

What we have done is we have consulted Bosc and Gagnon. There is a paragraph here, and I will take the time to read through it:

In dealing with unparliamentary language, the Speaker takes into account the tone, manner and intention of the Member speaking; the person to whom the words at issue were directed; the degree of provocation; and, most importantly, whether or not the remarks created disorder in the Chamber. Thus, language deemed unparliamentary one day may not necessarily be deemed unparliamentary the following day. The codification of unparliamentary language has proven impractical as it is the context in which words or phrases are used that the Chair must consider when deciding whether or not they should be withdrawn. Although an expression may be found to be acceptable, the Speaker has cautioned that any language which leads to disorder in the House should not be used. Expressions which are considered unparliamentary when applied to an individual Member have not always been considered so when applied “in a generic sense” or to a party

I think in this case, we do find that it was applied to one person, and there was some disruption in the chamber. There is no question there. We have seen it on both sides just while the discussion was taking place. What I want to avoid is a slippery slope. If we start with one word and continue on that way, who knows where we might end up.

I will leave it to the member for Durham to respond to that, and then we will get on with the debate.

Canada Elections ActGovernment Orders

February 2nd, 2018 / 1:25 p.m.

Conservative

Erin O'Toole Conservative Durham, ON

Thank you very much for your clarity, Mr. Speaker, and for the time and interventions from other members of this House.

Certainly, when I raised it in question period, there was not disorder caused by it, but clearly in this debate there was disorder caused by it. In light of your reading of the rules, I will withdraw that word. It remains that I would still like a wider answer to the issue, but I will try to use better language, more parliamentary language, when I ask about the issue.

Canada Elections ActGovernment Orders

February 2nd, 2018 / 1:25 p.m.

The Assistant Deputy Speaker Anthony Rota

We will take that under consideration and get back, if necessary.

Canada Elections ActGovernment Orders

February 2nd, 2018 / 1:25 p.m.

NDP

Hélène Laverdière NDP Laurier—Sainte-Marie, QC

Mr. Speaker, since my speaking time has been cut short, I will try to stay on point.

Our democracy is important and we cherish it. However, it is a living thing, and we must not let it wither. We must support and nurture it. The Liberals had an opportunity to do so. They even promised to advance our democracy by introducing proportional representation. However, they broke their promise and by doing so they discouraged many young people who had decided to vote. They prevented us from having a House of Commons that truly represents the interests of the entire population. Furthermore, they have fuelled cynicism about politicians and our institutions. This is a step backwards for democracy.

In the meantime, they chose to organize cash for access meetings, where people pay for access to the Prime Minister and his cabinet. These are very intimate meetings, where a good meal and a glass of wine are served to people who can afford to pay $1,500 to speak one-on-one with the Prime Minister and members of cabinet.

In Laurier—Sainte-Marie, most people cannot afford to pay $1,500 to speak to the Prime Minister or his ministers about their housing problems or how they are outraged about tax evasion and cuts in services. They do not have that kind of money.

Why do the wealthy have this kind of access, while the people I represent, the citizens of Laurier—Sainte-Marie, do not? That is unacceptable. With Bill—

Canada Elections ActGovernment Orders

February 2nd, 2018 / 1:30 p.m.

The Assistant Deputy Speaker Anthony Rota

Order. I am sorry, but that is all the time we have for today. The hon. member for Laurier—Sainte-Marie will have seven minutes and 30 seconds to finish her speech when we resume debate on this matter.

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.

The House resumed from February 2 consideration of Bill C-50, An Act to amend the Canada Elections Act (political financing), as reported (with amendments) from the committee, and of the motions in Group No. 1.

Canada Elections ActGovernment Orders

February 5th, 2018 / 12:05 p.m.

Liberal

Gagan Sikand Liberal Mississauga—Streetsville, ON

Mr. Speaker, I am delighted to rise today to speak to Bill C-50, an act to amend the Canada Elections Act in relation to political financing. The Government of Canada promised to set a higher bar on the transparency, accountability, and integrity of public institutions and the democratic process. We also said that we would take steps to ensure that Canada's elections are run more fairly. We promised to encourage more Canadians, in particular, youth and indigenous Canadians, to play a more active role in our democracy.

Canada's Minister of Democratic Institutions has taken this role seriously. Since she received this mandate from the Prime Minister in January, she has been encouraging Canadians to become more involved to expand their civic literacy. This is not just about voting or volunteering for a campaign. Canadians can expand their civic literacy by simply engaging in discussions with their friends and neighbours at coffee shops, online, or through public policy issues that matter to them. Participation can mean volunteering for a charity, joining a community organization, or signing a petition.

Democracy has many wide-open doors for those who want to enter and play a part. We want to make sure all voices are heard. One issue that has come up in the media and in the House relates to federal rules governing the funding of political parties. Political parties of course are fundamental to our system of government. If Canadians have concerns about how the government regulates them, then those concerns must be addressed.

The concerns raised in Parliament relate to private fundraising events. Now, we are proud of Canada's strong reputation in running elections. Our system is recognized as one of the most progressive in the world. Elections Canada, as we know, regularly hosts delegations from countries wanting to learn from our system, but the government recognizes that some Canadians want their government to do more to increase transparency. These Canadians have asked questions about fundraising activities.

We believe that steps are necessary. That is why the government is creating a new level of transparency. We want to empower Canadians, including opposition parties and the media, to take a much closer look at fundraising in Canada. As I mentioned, our current laws are relatively strict. Canadian citizens and permanent residents can contribute a maximum of $1,550 annually to each registered party. They can donate $1,550 in total to all leadership contestants in a particular contest. In addition, they can donate a total of $1,550 to contestants for nomination, candidates, and/or riding associations of each registered party.

These upper limits are among the lowest in the democratic world. In fact, some other democratic countries have no limit, which of course raises serious concerns about money influencing decisions. Here in Canada, contributions are reported to Elections Canada and the name, municipality, province, and postal code of those who contribute more than $200 are published online.

Bill C-50 builds on that solid foundation of transparency. This legislation would apply to all fundraising activities attended by cabinet ministers, including the Prime Minister, party leaders, and leadership contestants when a contribution or ticket price of more than $200 is required of any attendee.

The name and partial address of each attendee, with certain exceptions, would be published online. The exceptions are youth under 18, volunteers, event staff, media and support staff for the minister or party leader in attendance. Parties would be required to report the names and partial addresses of attendees to Elections Canada within 30 days of the event. That information would then become public.

These provisions would apply to all parties with a seat in the House of Commons. Bill C-50 would require parties to advertise fundraising events at least five days in advance. Canadians would know about a political fundraiser before the event takes place, giving them an opportunity to inquire about attending, if they wish.

Bill C-50 would also give journalists the ability to determine when and where fundraisers are happening. At the same time, political parties would retain the flexibility to set their own rules for providing media access and accreditation. The bill would also introduce new offences in the Canada Elections Act for those who do not respect the rules and require the return of any money collected at the event. These sanctions would apply to political parties, parties' agents and event organizers rather than the senior political leaders invited to the events.

The government proposes a maximum $1,000 fine on summary conviction for offences introduced under Bill C-50, and if rules are broken, then contributions collected at the events would have to be returned. I should note that we have decided to limit the application of the new framework during the writ period. This is to avoid imposing an unduly heavy burden during elections when campaign organizers and their many volunteers and colleagues are working around the clock to get their message to Canadians. Reports on events that occur during the writ period would only be required following polling day.

It is important for us as we debate this legislation to collectively send a message to Canadians that there is nothing wrong with a legal campaign and its contributions. Political parties need to have access to adequate political funds so that they can get their message to Canadians and engage them in our democratic process. Candidates and their teams must be able to pay for office rent, buy lawn signs, and occasionally order some pizza and pop for their dedicated and tireless volunteers.

Making a contribution is also an important form of democratic expression in Canada. This is a big step that many thousands of Canadians take in order to show emphatically their support for a political party or candidate. The fact is that in every developed democratic country parties are funded either privately, by the public sector, or quite often a combination of both.

We should also acknowledge that there is nothing inherently wrong with someone trying to get their message through to decision-makers. Politicians are solicited in numerous ways: at crowded town halls, gatherings, at meetings in MP offices, and at local skating rinks.

I will conclude by returning to the initial focus of this address, that the government has promised Canadians a new level of openness and transparency. At the same time, the government is determined to protect the charter rights of all citizens to participate in our democracy. I believe the government has found the right balance with Bill C-50.

Canada Elections ActGovernment Orders

February 5th, 2018 / 12:10 p.m.

NDP

Murray Rankin NDP Victoria, BC

Mr. Speaker, the member talked about parties having to report the attendees at fundraisers within 30 days of the event and notice being provided five days in advance.

I would ask if my colleague agrees that the bill would simply validate and normalize cash for access events, and that by simply providing notice of who was there, we would have made no difference to the reality of fundraising of this kind, which in many people's minds undermines our democracy.

Canada Elections ActGovernment Orders

February 5th, 2018 / 12:10 p.m.

Liberal

Gagan Sikand Liberal Mississauga—Streetsville, ON

Mr. Speaker, we have a very robust system here in Canada. Our limits are modest, and we do not allow contributions from unions or corporations, but we also recognize that we have a protected right under section 2, I believe, of the charter.

Our government is striving to make sure that we are very open and transparent. Therefore, we are changing the rules of reporting from six to nine months to 30 days. We have actually front-end loaded this by allowing individuals to know who would be attending a fundraiser in advance.

I commend our government for taking these steps and initiatives.

Canada Elections ActGovernment Orders

February 5th, 2018 / 12:10 p.m.

Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, one of the aspects of the legislation that I am quite proud of is that whether one is the prime minister of Canada, a minister, an opposition leader, such as the leader the New Democratic Party or Conservative Party, there is an obligation to indicate who it is they are meeting with when someone is paying $200 to attend a fundraiser.

The former ethics commissioner, Mary Dawson, is on the record indicating that this proposed legislation would be a step forward. I wonder if my colleague would provide his thoughts with regard to how this proposed legislation would ensure more transparency and accountability when it comes to electoral reform.

Canada Elections ActGovernment Orders

February 5th, 2018 / 12:10 p.m.

Liberal

Gagan Sikand Liberal Mississauga—Streetsville, ON

Mr. Speaker, as the member stated, the revisions have been reviewed and received quite positively. In fact, Bill C-50 was studied at the procedure and House affairs committee, and most witnesses responded positively. The acting CEO indicated that the bill would be an effective and measured tool to increase transparency. Both the ethics and lobbying commissioners said that the bill would help them do their investigations.

I, too, am quite proud that we have added these revisions and also tightened up the reporting times so that transparency actually occurs in an expedited manner.

Canada Elections ActGovernment Orders

February 5th, 2018 / 12:15 p.m.

NDP

Murray Rankin NDP Victoria, BC

Mr. Speaker, does the hon. member not see a difference between fundraisers that attract the decision-makers of a government, ministers, parliamentary secretaries, the Prime Minister, and opposition members who are not in a position to give contracts for this or that or provide jobs to people? Is there not a pretty significant difference between that? Are the talking points that the government is using for the bill not a little misleading?

Could the member also tell us why none of the recommendations of the ethics committee on the bill were accepted?

Canada Elections ActGovernment Orders

February 5th, 2018 / 12:15 p.m.

Liberal

Gagan Sikand Liberal Mississauga—Streetsville, ON

Mr. Speaker, this is not about talking points; this is about striving to be more accountable to Canadians.

I am sure my colleague would agree that the NDP made mistakes, such as the $2.7 million that had to be returned for certain offices and the $1 million that had to be given back to Canada Post. The previous government made mistakes. The fact is that our government is being open about it and we are striving to do better and be accountable to Canadians.

Canada Elections ActGovernment Orders

February 5th, 2018 / 12:15 p.m.

Liberal

Sean Fraser Liberal Central Nova, NS

Mr. Speaker, I appreciate the opportunity to speak about democracy in Canada today and, more specific, about political fundraising, which is an important part and an important reality of the political system in which we operate.

Bill C-50, which I am proud to lend my support to, is designed to enhance the transparency of political financing in Canada. It would do a number of things, but I will focus my remarks on just a few, such as the scope of application of the bill to not just cabinet ministers and the Prime Minister, but to opposition leaders and contenders for the opposition leadership; the necessity to report attendees of fundraisers to Elections Canada; and the need to advertise publicly the fundraising activities involving one of the individuals affected.

However, before I get into that by point analysis, I would like to spend a little time talking about why transparency is an important value in our democracy and in our political financing in particular.

It is a trend around the world where people, rightly or wrongly, believe their governments can be bought. I do not believe that is true in Canada. We have a phenomenally strong electoral system that has a number of institutional safeguards to prevent this kind of phenomenon from taking place.

The fact is that everyone deserves to benefit from the decisions of their government, and not just the wealthiest members of society who are able to buy influence. I would not suggest for a moment that there is a single member of Parliament in the House whose integrity is for sale. However, it is important to build public confidence by demonstrating that our institutions prevent that possibility from ever arising.

We know that a system where only the richest can dictate policy decisions is not the kind of society in which we want to live. Governments have a duty, in my mind, to serve the public interest and not the personal interest of either politicians or their donors.

The perception of politicians peddling influence is also a very important point that we need to make. When members of the public believe, even without grounds to reasonably believe it, when the perception is that politicians will sell themselves and their values to have a donation made to their riding associations so they can stay elected in perpetuity, it undermines faith in the system and is a heck of an inspiration to cause citizens to become disengaged with the work of their government and disengaged with the electoral process more generally.

We cannot ban donations altogether. Realistically, campaigns cost money. Every member of the House knows this. I value, greatly, the small donations that citizens gave to my campaign to put up election signs on my neighbours' yards, and some of the larger donations that maybe went to a communications plan to let the public know about some of the work I planned on doing locally and perhaps our party was campaigning on across the nation.

The fact is that there is real value in this form of civic engagement, and I believe citizens should be able to contribute to political parties or candidates of their choice to help get that message out during a campaign. However, we need safeguards. Gone unchecked, members of society with a capacity to pay have the potential to influence the activity of their elected officials. I do not believe that is fair or just, and it is not the kind of Canada in which I want to live.

Thankfully some of the safeguards we have in place are some of the strongest the world has to offer. We have spending limits for campaigns, a certain value cannot be exceeded, depending on the length of the campaign, which keeps it reasonable. The party or the campaign with the most amount of money does not necessarily have the loudest megaphone.

We have individual donor limits. I believe it is $1,575 annually. Again, I could not in good faith stand here and say a member of any political party, no matter his or her persuasion, would sell his or her integrity for that figure, or any figure for that matter. I trust my colleagues on all sides of the aisle.

We also, importantly, do not allow corporate or union donations. This is important because we know that the donations coming into campaigns, to candidates and to parties are made by Canadians, and we have a duty to govern for them. We are not pursuing merely corporate interests or unions that can afford to pay. This is about serving people.

Some improvements are needed. Of course, some people are not familiar with the political process, the electoral process and maybe have never donated to a campaign in their lives. I can imagine the thought process they may have when they hear about a campaign fundraiser that maybe costs $500. That is a lot of money for most of the people who live in my riding. The median income in the riding I represent is about $21,000.

The idea that some of these people will contribute $1,500, or even a more modest amount of $200 is not something they can reasonably afford. They do not want to believe that their neighbours who may have that kind of money lying around are able to walk into a fundraiser with a politician, or perhaps a future politician, and dictate what that person will campaign on in the future.

At the end of the day, what forms the idea in the basis of a campaign cannot be what has been demanded by a donor. There can be no quid pro quo. We cannot have the sense that because people donated to a campaign, they are owed some kind of an obligation. That is not right. We need to ensure that the politics of our country are dictated by what serves the public best, not what the richest donors can afford.

That is why I believe Bill C-50 would add certain important elements to enhance the transparency of our political financing system. If I look specifically at the need to report attendees to these fundraising events to Elections Canada when the cost of the fundraiser is over $200, which is the same threshold as today, I know this will let the public know who came to one of the fundraisers of the Prime Minister, or a minister, or leader of the opposition, or a candidate for opposition leadership. If I see 100 donors making maximum donations to a person's campaign and the next day he or she comes out with a new policy designed just to meet the needs of that donor base, I will know something is up. When I go to the ballot box, that will inform my decision-making.

Assuming that Bill C-50 passes, I also note the requirement to report, at least five days in advance, that there will be a fundraising initiative. This gives the public the opportunity to enquire about the nature of the fundraiser and potentially attend if people are so inclined. It prevents the opportunity for the person or party hosting the fundraising event from sequestering the attendees and burying the message to ensure the public never finds out who was there.

Transparency is of extraordinary importance. I would like to pre-emptively answer a question I heard asked of the last speaker about the need to ensure Bill C-50 would apply to both government and opposition sides of the House. I would only suggest that it would be appropriate to limit the scope of the legislation to the government if I did not believe individual members of Parliament had the ability to make a difference. I reject that notion as strongly as I possibly can.

As someone who is not part of the cabinet, not sitting as Prime Minister, not an opposition leader, or not campaigning to be the leader of a party, I know I still have the opportunity to make a difference. My integrity is worth more than a $1,500 donation to my riding association. It is not fair for the wealthiest members of my community back home in Nova Scotia to have additional influence on me than my neighbour who might earn $21,000 a year, like the median person in my riding. I, and I trust every member in the House, am in it for the right reasons. We are here to serve the public, not just the wealthiest members of it.

I am pleased to support Bill C-50. I know it will make one of the strongest political financing systems in Canada even stronger, it will strengthen our democracy, it will enhance public perception of our electoral system more generally, and it will give faith that politicians are here for the right reason, which is to serve the public interest.

Canada Elections ActGovernment Orders

February 5th, 2018 / 12:25 p.m.

Conservative

Blake Richards Conservative Banff—Airdrie, AB

Mr. Speaker, when we look at the legislation, we essentially see the Liberals trying to provide cover for the fact that they are taking cash for access. It really boils down to that. It does not change that and it does not stop them from doing it. It just simply allows the Prime Minister and his cabinet to continue to do it. They just have to ensure they put it up on a website somewhere, a few things like that, but it does not prevent it from happening.

I started to think a little about that, as well as the Prime Minister and his pattern of not being accountable. That of course extends to the recent ruling by the commissioner, in which he was found guilty on four occasions, but there really has been no consequence of that. He is refusing to repay that money. I paralleled that back to 2012. At that time, as a member of Parliament, the Prime Minister took inappropriate travel expenses. When he was found to have done that, he decided that maybe he needed to make it right and repay that.

Does the member think it would be more proper for the Prime Minister to repay the money this time as well? It was good in the past, why can it not be good now?