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 9th, 2018 / 10:25 a.m.

NDP

Don Davies NDP Vancouver Kingsway, BC

Mr. Speaker, I think we would do well to remember why we are having this debate. After this last election in 2015, all Canadians will remember the tawdry spectacle of the Prime Minister and Liberal cabinet ministers having events held for them in corporate boardrooms and law firms, where people were paying $1,500 to get special access to the Prime Minister and cabinet ministers. That is why we are here today.

This is the Liberals' tepid and weak response to that situation. We could drive a truck through the loopholes in this bill. Basically, it does not change cash for access. It enshrines cash for access. Now what someone has to do is just advertise the cash for access event in advance, but the loophole is that it only applies to events where it costs more than $200 to attend. Just charge $199 to attend and then hit them up for $1,000 once they are there, and there is no need to publish the names of anybody who is there.

At one time the Liberal government of Jean Chrétien, basically after the sponsorgate scandal, where it was shovelling millions of taxpayers' dollars to friends in the Liberal Party, had to bring in electoral finance rules. Those were good. That is where it banned union donations and corporate donations. At that time, it also boldly allowed public financing of elections with the per vote subsidy. The Harper government got rid of that.

Why does my hon. colleague not take a bold step and get rid of the private financing problem, so that we get rid of this tawdry spectacle of politicians having to beg people for money, and bring back the per vote subsidy that at one time the Liberals brought in? Why will the current government not have the—

Canada Elections ActGovernment Orders

February 9th, 2018 / 10:25 a.m.

The Deputy Speaker Bruce Stanton

Order. We are getting on with time. The hon. parliamentary secretary.

Canada Elections ActGovernment Orders

February 9th, 2018 / 10:25 a.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, as I indicated earlier, I appreciate the support that the New Democrats are giving to the legislation. Even though the member across the way just criticized the legislation and virtually said it was not all that good, I recognize that they are voting in favour of it. I suspect the reason why they are voting in favour of it is that, much like proactive disclosure, they understand that this is the type of legislation that Canadians would get behind and would expect all members of Parliament from all political entities to support.

As democracy continues to evolve, I believe in having it enshrined in law that ministers, the Prime Minister, the leader of the New Democrats, and the leader of the official opposition all have a responsibility to ensure that who it is they are meeting with goes public when these individuals are paying in excess of $200 to go to a reception or have dinner with any one of those individuals.

Canada Elections ActGovernment Orders

February 9th, 2018 / 10:30 a.m.

Liberal

Anita Vandenbeld Liberal Ottawa West—Nepean, ON

Mr. Speaker, I am glad my hon. colleague mentioned former prime minister Stephen Harper who, to this day, has never revealed the top 10 donors to his first leadership campaign in 2002. That was before the Liberals brought in the most significant political party financing legislation ever. It was the first time that corporations and unions could not donate, the first time there were spending limits, and the first time there were transparency requirements. That was opposed by the former Conservative Party as well. Former prime minister Stephen Harper, with the National Citizens Coalition, took the Government of Canada to court to strike down the rules that did not allow lobbyists and other third-party groups to spend as much as they wanted to influence an election. Now we have the official opposition opposing even this legislation.

Could my colleague let us know which party has always brought the most significant changes for transparency and accountability on political party financing?

Canada Elections ActGovernment Orders

February 9th, 2018 / 10:30 a.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I thank my colleague and friend for her great question because it highlights the difference between the Conservatives and the Liberals inside the House. The Conservatives tend to want to resist any sort of change where there is more accountability and transparency with respect to election financing laws. Historically, what we have seen is that, whether it was Jean Chrétien or our current Prime Minister, Liberals want to put in place what we believe is positive legislation that ensures more accountability and transparency.

My colleague made reference to former prime minister Stephen Harper. I can recall that there was a great deal of money that was raised. We never did find out who the top 10 contributors were. I would ultimately argue that opposition leaders and leaders of political entities have a responsibility to be accountable and more transparent with Canadians. This will do that, along with incorporating the Prime Minister and cabinet ministers.

Canada Elections ActGovernment Orders

February 9th, 2018 / 10:30 a.m.

Conservative

Kelly McCauley Conservative Edmonton West, AB

Mr. Speaker, I feel like I am Bill Murray in Groundhog Day, except instead of waking up every day in Pennsylvania, I wake up and it is the member for Winnipeg North speaking.

Of the hundreds of cash for access events that the current government has held, one of my favourites was the one that was nicknamed “hash for access“, where registered lobbyists for the marijuana industry were allowed in to personally lobby the parliamentary secretary for justice, who is in charge of marijuana legalization. They bragged that the $150 they paid to him was well worth it because they could not get in to see him on his free time.

This legislation does nothing to bar such events from happening again in the future, either because of the $200 or the fact that parliamentary secretaries can be lobbied. How can the member say that this is a decent bill that will help clear up some of these cash for access scandals that the Liberals seem to live on?

Canada Elections ActGovernment Orders

February 9th, 2018 / 10:30 a.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, it is interesting that my colleague and friend would say that. He somewhat gives the impression that if it included parliamentary secretaries, then the Conservatives would be voting in favour of the legislation. I do not know if that is in fact the case.

What we need to recognize is that with every opportunity the government has had to ensure more transparency and accountability, the government has taken actions in that direction. Today, we are debating a piece of legislation that deals with the Prime Minister of Canada, cabinet ministers, and leaders of political parties. I suspect we will continue to look at ways to ensure even more accountability and transparency in the future, which could possibly go beyond that and maybe even include all members of Parliament.

Canada Elections ActGovernment Orders

February 9th, 2018 / 10:35 a.m.

Conservative

Pierre Poilievre Conservative Carleton, ON

Mr. Speaker, the government is proposing to further regulate political fundraisers by requiring leaders and ministers to file a bunch of reports every time they hold one. To be clear, the names of donors and the amounts they give are already published. The bill would simply require more reports on where and when these donors attend gatherings.

Before we judge the merits of the proposal, let us go back to first principles and ask why restrictions on political fundraising exist at all. There is only one reason we restrict those donations. It is to prevent people from turning money into power. Political power is zero sum. There is only so much of it to go around. If a donor gets more, everyone else has less.

Why would donors be willing to pay for political power in the first place? The answer is the return on investment. Large-scale donors almost invariably want something in return for the money they invest in politics. Usually they want a grant, an interest-free loan, a contract, or a regulation or protective tariff to stop their competitors. They believe that the donation will help them get the government's assistance, and they calculate that the advantage gained is vastly bigger than the donation necessary to get it.

As an example, just yesterday we learned that the largest corporate donor to the Ontario Liberal Party gave the party $480,000, in exchange for which it got $160 million in government handouts. What a return on an investment. The company got three hundred times what it paid the party, smashing all stock market investing records set by Warren Buffett and John Pierpont Morgan.

Monied interests that donate are not, therefore, giving, at least in many cases. They are buying. They expect something in return. Will a bill that requires the publication of events they attend, events for which their donations are already reported and made public, prevent that from happening? Of course not. We are seeing that right now.

Monied interests have found other ways than just donations to purchase influence: paid lobbyists; massive, unregulated third-party advertising campaigns, in which tens of millions of dollars were invested in helping this government get elected in the last election; and gifts to the Prime Minister in the form of paid vacations or exorbitant speaking fees by organizations that had vested interests in how the then-leader of the Liberal third party would vote in the House of Commons.

If these restrictions on donations have not thus far been successful in getting money out of politics, at stopping people from converting their dollars into power, then how can we put an end to this tawdry practice? The answer is that we need to get government out of the economy. Government has become such a dominant part of the economy that those who wish to make money need the favour of government decision-makers to do it, so they invest in political influence to get that favour.

Nobel prize winning economist James Buchanan called it public choice theory. He wrote:

However, when governmental machinery directly uses almost one-third of the national product, when interest groups clearly recognize the “profits” to be made through political action, and when a substantial proportion of all legislation exerts measurably differential effects on the separate groups of the population, an economic theory can be of great help in pointing toward some means through which these conflicting interest may be ultimately reconciled.

His public choice theory has been described as political theory without the romance.

According to William Shughart, public choice theory “transfers the rational actor model of economic theory to the realm of politics.” Where people act rationally in a market economy, investing in order to get a return, Dr. Buchanan found that government-run economies have the exact same kind of calculated trade-offs: people investing in politics in order to get rich.

Socialists often decry corporate profiteers who make money in the private sector. As a solution, they believe in replacing the private sector with ever bigger government. However, when government replaces private business, what happens to these profiteers? Do these rapacious, capitalist vultures transform into selfless doves? When socialism replaces the free market, does it simultaneously remove all greed from human DNA? Do people stop wanting to make money? Of course not. In fact, the only thing that changes is the way they make money.

The way one makes money in a government economy is by winning the favour of the political decision-makers who allocate the resources. Instead of selling things people agree to buy, one buys the politicians who control the money. If all the money is in the great vault of the state, profiteers work at buying or renting the keys to that vault. They donate to politicians who give them subsidies. They offer luxurious vacations to prime ministers in exchange for grants to their foundations. They hire lobbyists to convince governments to shut down their competitors with more regulation and tariffs.

As Buchanan wrote:

The individual who seeks short-run pleasures through his consumption of “luxury” items sold in the market is precisely the same individual who will seek partisan advantage through political action.

In the book Welfare for the well-to-do, economist Gordon Tullock put it this way: “Today the individual who works hard and thinks carefully in order to make money in the market will also work hard and think carefully in order to use the government to increase his wealth. Thus, we should anticipate that effort and ingenuity would be put into using the government for gain, and if we look at the real world, we do indeed see such activities.”

The larger government becomes, the more we can expect profit-seekers to turn their money into power and to turn that money back into yet more money.

We see the evidence. In 2014, the last full year of the Conservative government, when government spending was on the decline, lobbyists registered 14,000 interactions with designated public office holders. Last year, there were 23,000 lobbyist interactions with designated public office holders, which is a 79% increase in just three years.

Why is it that businesses, unions, and others are spending so much more on lobbyists? The answer is that there is so much more money in the government to be had. Businesses, to see a return on investment, believe that if they invest in a lobbyist they can get more of that government money. The two fastest growing sectors in our economy are now government and lobbyists, which are two sectors that grow hand in hand.

There has been a payoff. Bombardier invested in lobbyists and got $400 million in interest-free loans from the government. Private equity funds and investment bankers that have invested in lobbyists secured a $15-billion infrastructure bank to protect their investments in megaprojects. Some tech companies have invested in lobbyists, and they have been able to secure a brand new billion-dollar corporate welfare fund that will create so-called superclusters. Money, of course, will go to the best lobbied-for firms.

Big government leads to more lobbying elsewhere as well. Strategas Research Partners produced a graph showing the correlation between U.S. government spending as a share of GDP and the amount corporations have spent on lobbying in Washington. In 2000, federal spending in the U.S. was about 19% of GDP, and there was about $2 billion of lobbying. By 2009, government spending had grown to 25% of GDP, and lobbying had nearly doubled, in inflation-adjusted terms, to $4 billion. More money in the government in Washington means more money spent on lobbyists to get that money in Washington.

When government decides who gets what, business buys a larger share of government. Who wins when that happens? Well, of course, it is those with money. They can hire lobbyists, promise future jobs to politicians, make donations, and schmooze with officials. The working class, by contrast, can afford to do none of these things. They are too busy trying to keep their heads above water, raise their children, and pay their bills to have the means to accumulate and leverage political influence.

Great big government brings economic oligarchs. It concentrates wealth in the state and in the hands of those most able to control the state: a privileged class of modern-day aristocrats.

If we want monied interests to stop pouring money into politics, we must remove the economic power of politicians to reward them for doing so, and that is done by reinstating the free market, a free market in which business makes money by pleasing customers, rather than a government-run economy in which business makes money by pleasing politicians; a free market economy in which people get ahead by having the best product, rather than a government-run economy in which people get ahead by having the best lobbyists; a free market economy in which people put their minds to work investing in products and services people would voluntarily buy with their own money, rather than one in which we put our best minds to work winning the favour of powerful politicians with the keys to the vault of the state; a free market economy based on a meritocracy, not a government-run economy based on an aristocracy.

If the government really wants to put an end to the excesses of money in politics, it must have the humility to surrender control of large parts of the economy over which it has no business being involved.

Canada Elections ActGovernment Orders

February 9th, 2018 / 10:45 a.m.

Liberal

Francis Drouin Liberal Glengarry—Prescott—Russell, ON

Mr. Speaker, I can assure my hon. colleague that people at the Manning convention a few doors down would love to hear that speech.

I will get back to the heart of the reason we are doing this. It is to bring transparency to election financing. We have heard the Conservatives say time and time again this week that we should not have to relay to the law to provide us with moral values, yet we find that we are co-operating with the spirit of the law, even though it is still not the law.

We are wondering when exactly the Conservative Party is going to get in line and finally publish the names of those who attend their fundraisers.

Canada Elections ActGovernment Orders

February 9th, 2018 / 10:45 a.m.

Conservative

Pierre Poilievre Conservative Carleton, ON

Mr. Speaker, we already publish the names of all the people who attend our fundraisers. That has happened since 2006, when the previous Conservative government introduced the Federal Accountability Act requiring full transparency in donations. It was when the Conservative Party banned corporate and union donations and required such public reporting.

The problem is that no matter how many rules we create, the Liberals and other big government parties continue to find ways around them. If corporate donations and union donations are banned, they just set up third-party groups to spend millions of dollars to elect Liberals, as happened in the last election.

If direct gifts to a party or to a politician are banned, the Prime Minister calls it a speaking fee. Those interest groups that want to have his ear and control his direction pay him exorbitant sums of money that no one would realistically pay to hear him speak.

When we restrict the ability to donate to a political party, influential players simply exert influence on the Prime Minister by taking him on luxurious vacations that are worth tens, if not hundreds, of thousands of dollars.

There are always going to be ways monied interests exert their power over government. What I am proposing in my speech is that we ought to reduce the power of government so that those monied interests devote themselves to pleasing customers and not politicians.

Canada Elections ActGovernment Orders

February 9th, 2018 / 10:45 a.m.

NDP

Gord Johns NDP Courtenay—Alberni, BC

Mr. Speaker, during the 2015 election campaign, the Prime Minister said, “There should be no preferential access to government or appearance of preferential access, accorded to individuals or organizations because they have made financial contributions to politicians and political parties.”

This is the rule the current Prime Minister set out for himself and for his cabinet. He said that there should be no preferential access to government, or even the appearance of preferential access, based on donations. However, this legislation would do nothing to effect that. Only the names of those who donate to political parties would be published, and the bill would change the timing of the publication of those names. Therefore, pay to play would continue, and cash for access would continue. This would just speed up when we tell people how the government was bought and sold. We would inform the public online more quickly how preferential access was given.

Could my colleague explain how Bill C-50 would do anything to help implement the Prime Minister's own promise to Canadians that no preferential access to government or the appearance of preferential access would be given based on financial contributions?

Canada Elections ActGovernment Orders

February 9th, 2018 / 10:50 a.m.

Conservative

Pierre Poilievre Conservative Carleton, ON

Mr. Speaker, it would do nothing. It would require that politicians file another report to reveal information that is already necessarily revealed. Donors are already public. However, there are multiple ways people give donations.

The Aga Khan gave tens if not hundreds of thousands of dollars of donations to the personal well-being and luxury of the Prime Minister while he was simultaneously seeking a $15-million grant for his foundation. In other jurisdictions, decision-makers in the government receiving that kind of luxury benefit has led to resignations, police investigations, and even charges. With time, I can give many examples of politicians around the world whose careers have been ended by doing much less.

The point I am making here is that this is a government that has rendered itself open and susceptible to all kinds of gift receiving and favouritism from those who are seeking something from the government. The fact that we have a sitting Prime Minister who would think it appropriate to receive tens if not hundreds of thousands of dollars of free luxury from someone who had personally asked him for 15 million dollars' worth of government money is an astonishing fact, indeed.

Canada Elections ActGovernment Orders

February 9th, 2018 / 10:50 a.m.

Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Mr. Speaker, one of the things my hon. colleague mentioned in his speech was the arrogance of the government to think that it can control every aspect of the economy. I was wondering if he could elaborate on that point a little more.

Canada Elections ActGovernment Orders

February 9th, 2018 / 10:50 a.m.

Conservative

Pierre Poilievre Conservative Carleton, ON

Mr. Speaker, one of the false allegations levelled at parties on the left is that they are against people getting rich. In fact, they are not against people getting rich. They work very hard to make themselves very rich. We have a millionaire Prime Minister and a gazillionaire finance minister.

The Liberals are not against rich people. They just have a different idea of how people get rich. They believe that people should get rich off the government through corporate subsidies, through complicated loan-guaranteed schemes, through inflated electrical contracts for so-called green wind and solar energy, etc. These policies have made a small number of people spectacularly rich, but when one is getting rich off the government, one is getting rich by making everyone else poorer.

In a free market economy, one can get ahead only by selling people things they actually want to buy with their own money. They are, by definition, better off, or they would not be spending their own money to buy these things. When a teenage high school student who makes his money mowing lawns goes to an Apple store to buy an iPad, he may have a net worth of $1,000. He is negotiating with a nearly trillion-dollar enterprise, yet in that one moment that high school student has just as much power as the biggest company the world has ever known, because it cannot get his money unless it gives him something that is worth more to him than what he has to part with to get it. That is the genius of the free market. Everybody must necessarily win in every single transaction for it to occur.

If the government wants to democratize our economy, it will reinstate the free market system and put an end to the excessive controls of the government and the elites that the Liberals have instilled since they took office.

Canada Elections ActGovernment Orders

February 9th, 2018 / 10:50 a.m.

NDP

Anne Minh-Thu Quach NDP Salaberry—Suroît, QC

Mr. Speaker, I thank my colleague, and I would like to ask him a question.

The Liberals are trying to seem as though they are more transparent. They want to show that they are more ethical and moral. However, they are proposing a maximum fine of $1,000 in the bill. Now, we know that the Liberals' extremely wealthy friends who were invited to their fundraisers were paying much more than $1,000. They were paying $1,500. Consequently, the fine provided for in the bill still allows the Liberals to make money.

What is more, the bill does not give the Chief Electoral Officer investigative powers, even though that was requested. There is thus very little opportunity to really shed any light on not-so-ethical and extremely questionable behaviour.

I would like to know what my colleague thinks about that.