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

This bill was last introduced in 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 often publishes better independent summaries.

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.

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 1st, 2018 / 3:30 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I want to thank the member for Skeena—Bulkley Valley for his speech, and for reminding us of this horrific, for me particularly and for many Canadians, anniversary of the February 1 breaking of the promise on electoral reform. I will have an opportunity to speak to Bill C-50 in a few moments, so forgive me for asking a question on electoral reform of my colleague.

The Prime Minister says that no one was able to convince him. I have been racking my brains. I know this issue well, and I know the Prime Minister well. I do not know of a single person who was ever given the opportunity to try to convince him, an opportunity to sit down and listen to the evidence, have it presented to him.

Does my hon. colleague from Skeena—Bulkley Valley know of any opportunities that were afforded either to members of his party or any other experts, or anyone at all? If we failed to convince him, I would like to have thought we had a chance.

Canada Elections ActGovernment Orders

February 1st, 2018 / 3:30 p.m.
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Halifax Nova Scotia

Liberal

Andy Fillmore LiberalParliamentary Secretary to the Minister of Democratic Institutions

Mr. Speaker, members will recall that after the last election in 2015, then Chief Electoral Officer Marc Mayrand produced a report. That report was characterized by a number of recommendations on how we might do better in this place.

One recommendation, A36, of the report said we should “make leadership and nomination financial transactions fully transparent and the political financing regime applicable to contestants more coherent.” That recommendation, A36, is implemented in Bill C-50 in clause 4.

However, in a puzzling motion that the member for Skeena—Bulkley Valley put on the floor, the implementation of recommendation A36 would be deleted. What is even more puzzling is that members from all parties of the Standing Committee on Procedure and House Affairs unanimously supported the recommendation from CEO Marc Mayrand.

Could the member help us understand why he would like to eliminate from Bill C-50 the implementation of the CEO's recommendation around transparency?

Canada Elections ActGovernment Orders

February 1st, 2018 / 3:20 p.m.
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NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Mr. Speaker, I enjoy this debate because a lot of Canadians look toward elected office, toward politics, and sometimes they have to then look away again, because some of the activities, both in reality and that portrayed through movies and such, do not accurately reflect what many of us are trying to do in politics, which is to simply represent people to the best of our ability.

The timing of Bill C-50 was interesting. It landed just after the Liberals broke their promise on electoral reform. We all remember it well because the Prime Minister repeated it so often before, during, and after the last election that 2015 was going to be the last election under first past the post.

Just a few days ago, he gave an interview here in the Library of Parliament to the CBC where he said, “Nobody was able to convince me”. Not all of the experts, not the tens of thousands of Canadians were able to personally convince him that what all the evidence pointed toward was a good thing for Canada. In his not humble opinion of himself, he needed that convincing that none of the evidence was enough on changing our system and evolving it into the 21st century. The timing of the bill was interesting.

We also see within Bill C-50, which is broadly-speaking supported by my colleagues, myself, and the New Democrats in terms of the listing of donors beyond $200. It is subjecting the Prime Minister, cabinet ministers, party leaders, and those aspiring to become party leaders to a higher level of disclosure.

Of course, all of this comes about because of Liberal fundraisers. The idea of the bill was borne out of the crisis of Liberal cabinet ministers and the Prime Minister himself holding secret fundraisers in private homes of billionaires and millionaires, where there was no accountability at all. The justice minister and finance minister were actually holding meetings that were fundraisers, $1,000, $1,500 to get in the door, and the people being invited to these meetings had direct dealings with these cabinet minister's departments. Just screaming conflict of interest all over the place.

The fact that the Prime Minister was then later found to have broken four of our ethical rules of Parliament by accepting a trip with the Aga Khan, who the Government of Canada has had long dealings with, showed a moral and ethical code that was completely warped within the Liberal leadership. My grandmother used to say, “Don't ever waste a good crisis”. If there is a problem, do not just simply have the crisis and then forget about it, and Bill C-50 is the result of Liberals going through the very public and political exposure of their ethical compass being totally off from what most ordinary Canadians would see as right behaviour.

The Minister of Justice should never, ever be accepting donations of any kind from lawyers who are also on the list of joining the bench. Why? Because it is the Justice Minister who is ultimately going to approve their ascension to that bench and become a judge. It seems obvious to me and to most people who have that kind of ethical core, but it was not obvious to the Liberals.

The finance minister should not be meeting with Bay Street executives, and accepting large donations from the very same people over which he is the regulator. He is the ref. He is the one who is supposed to be making it fair for everyone, not just those who can pay the $1,500 and get into his private fundraiser. However, Liberals did not see a problem with this.

The Prime Minister was holding private fundraisers in the homes of wealthy billionaires, so that millionaires could show up and give him $1,550, and then have dealings with some of their very specific issues that went ahead.

All of this was borne out of the Liberals, and this is not easy to do all the time. They were embarrassed. It is not always easy to embarrass a Liberal, but it happened. The result of this is Bill C-50, which says we now have to publicly declare who is showing up. Wait, the Liberals wanted to leave themselves a loophole, the Laurier Club loophole. If people donate to the Liberal Party to the maximum amount, particularly at a convention, under the bill their names do not appear. How fortunate is that, that the five-day declaration that exists under Bill C-50, if the maximum donation to the Liberal Party is made at the convention, then people do not have to worry about it.

The only filings that come out are the filings that come out right now which is when end of the year reporting happens. All of this transparency stops right at the door of the Laurier Club, this special donor elite club that the Liberals have set up to make sure the money keeps coming in from their top donors. We tried to close it. As New Democrats, we do not just want to oppose, we want to propose.

We asked why they put this loophole in. It accomplishes nothing. It does not help in terms of transparency, and it seems to be almost handwritten by the chief Liberal fundraiser to say, “Do not embarrass anybody by having to put them on a public list when they show up at our conventions as Liberals, and donate the maximum amounts.” We said to fix this.

We also said to allow the Chief Electoral Officer investigative powers. It seems about right that the person who guides our elections, and tries to make sure our elections are done fairly should have investigative powers. We moved amendments to allow that to happen.

In fact, we heard from a former Chief Electoral Officer about the $1,000 penalty that exists within this bill that was done away in the nineties. It was seen as a non-deterrent, because there are large incentives to do these sketchy fundraisers, as the Liberals have proven. A person can make a lot of money. If there were a penalty on it, one would think the penalty would be more than $1,000, which is far less than the maximum donation someone could make at these potentially illegal fundraising events.

Through all of this, we see the intention of the government. We see that the Liberals want to bring more openness to these private, very exclusive fundraisers, where people in some cases are giving a great deal of money. We welcome that.

We would like the Liberals to show a little of that contrition that is so hard to find around here, and to acknowledge that it was borne out of the controversy surrounding the Prime Minister and members of his cabinet who were engaging in fundraisers that were suspicious, at best, if not unethical. We would also like the Liberals to acknowledge the central problem.

What Canadians, and specifically the people who I represent in northern British Columbia, say is that there should not be privileged access for those who have money. The wealthy and the well-connected should not simply get FaceTime with the Prime Minister and cabinet ministers, who have so much power under our system, simply because they are rich. Yet, this bill maintains all of that.

Nothing is actually done about the elephant in the room walking around, which is if someone is loaded, he or she can get personal one-on-one time with the Prime Minister, and virtually anyone in his cabinet, to move agendas forward, to say he or she knows the person, and use that for their own personal advantage. That is all maintained. None of that so-called tradition is threatened at all by this. We wondered just how far the Liberals were willing to go, and we found out.

Bill C-50 aims to address certain aspects of the problem of rather unethical donations. The Liberals have made an effort. We will support most of the elements of this bill, but there are some things that need improvement, going by the testimony we heard in committee. The Liberals, however, have ignored and rejected every amendment proposed by the NDP to improve their bill. That is that party’s new attitude, now that they are in government. When they were in opposition, it was different.

In conclusion, the aspects of Bill C-50, on the whole, accomplish a stepping up of transparency. The concern we have is with regard to cash for access, that tradition where if one has a lot of money, one will get personal time with the Prime Minister. The Liberals will now jump up and say, “Oh, but he does town halls.” Congratulations. We all do town halls. Good for him. There is nothing wrong with that.

However, the Liberals still have the tendency where if someone has a lot of money, he or she does not have to line up for a town hall to sit in the crowd, and maybe ask a question. If one has $1,550 to donate to the Liberal Party, then the Liberals will get that person FaceTime and that sacred selfie, and make sure he or she has time with whichever minister is chosen, right up to the Prime Minister.

The Liberals maintain that practice, and they allow a loophole in this bill, which they are well aware of, that will make these very large donations not be transparent if they take place at a Liberal convention. That is a missed opportunity. However, like so many opportunities when it comes to ethical behaviour, the Liberals are only too happy to sit on their hands and miss them.

Canada Elections ActGovernment Orders

February 1st, 2018 / 3:15 p.m.
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Liberal

Andy Fillmore Liberal Halifax, NS

Mr. Speaker, my friend for Skeena—Bulkley Valley described in his question the state of political fundraisers as they have been for many successive governments over many years. It is important that with Bill C-50 we are improving on that. We are making it much better. We are taking concrete action to improve our already strong and robust rules around political fundraising. However, as I said before, contributing to political parties and attending fundraising events is an important part of democratic expression for Canadians.

With regard to the proposed amendment at report stage to delete clause 4, that is actually the implementation of one of the Chief Electoral Officer's recommendations, A36 I believe, which would increase transparency and openness in our fundraising regime.

I welcome the member's comments and hard work, and I look forward to working with him as we pass Bill C-50.

Canada Elections ActGovernment Orders

February 1st, 2018 / 3:15 p.m.
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NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Mr. Speaker, I am not sure my friend heard the previous question, which is strange because I thought it was pretty straightforward.

When a minister of the crown, justice minister or finance minister, holds a fundraiser and people who have business with the government attend that fundraiser, people who have certain aspirations with that particular minister and that minister's office, while Bill C-50 has improvements on transparency, it would do nothing to prevent that activity. Therefore, the finance minister could continue to meet with Bay Street executives and raise money from them. The justice minister could continue to meet with lawyers who are seeking appointment to the bench and raise money from them. The Prime Minister can meet with people, or vacation on their islands from time to time, who have direct dealings with the government under this proposed legislation. That stays perfectly fine.

The member might wish to address that. If he is comfortable with it, then he should just simply say so. If he is not, then why did the Liberals not address it in the bill?

My specific question is on clause 4 of the proposed legislation, which has a loophole that would allow anyone who is donating to any of the parties to show up at conventions, drop $1,550 at the convention, and simply not be reported publicly. It seems like a loophole the Liberals would want to close. We tried to. We are trying to do it now at report stage.

Does my friend not agree that, first, ministers should not have that conflict of interest through their fundraising activities; and second, that this glaring limo-loophole that the Liberals baked into this proposed legislation should be closed?

Canada Elections ActGovernment Orders

February 1st, 2018 / 3:10 p.m.
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Halifax Nova Scotia

Liberal

Andy Fillmore LiberalParliamentary Secretary to the Minister of Democratic Institutions

Mr. Speaker, when we left off before the welcome and scintillating interruption of question period, I was talking about the comments of acting Chief Electoral Officer Stéphane Perrault at the Standing Committee on Procedure and House Affairs meeting on Bill C-50. It is quite clear from Mr. Perrault's testimony at committee that he felt Bill C-50 is accomplishing the goal that it set out to do, which is to make political financing more transparent for Canadians.

Last fall, I wrote a letter to the Leader of the Opposition, the member for Regina—Qu'Appelle, regarding his own fundraising activities. I wrote to him after reports surfaced that he was refusing to disclose his own fundraisers and keeping his fundraising activities hidden from Canadians. What was deeply concerning was that his party's senior spokesperson initially denied that the Leader of the Opposition had attended a private fundraiser, but after being presented with evidence to the contrary, the Conservative Party of Canada finally acknowledged that its leader had in fact held a private fundraiser.

It was, frankly, astounding that his initial defence to this was to state that he does not believe he should be held to the same standard as the Prime Minister. I felt obliged, in the letter, to remind him that he is also a public office holder and aspires to be Prime Minister and, as the leader of a party, he has the responsibility to uphold the highest of standards. To date, I have not received a reply to my letter. No pen pal is he. On this side of the House, we are deeply disappointed that the official opposition does not feel the need to support this legislation, when it claims to value openness and transparency in political fundraising.

Regrettably, it is not just the Conservatives who are refusing to be open and transparent about their fundraising. The new NDP leader is also refusing to disclose higher-value fundraisers that he attends. We know that he attended such fundraisers when he was a candidate for leadership, but now will not follow the Liberal Party's open and transparent example.

In addition to Bill C-50, the Minister of Democratic Institutions is working diligently to ensure that more Canadians have the ability to exercise their right to vote. We are expanding the voting franchise to more Canadians by reversing elements of the previous government's so-called Fair Elections Act, which actually made voting more difficult and resulted in fewer Canadians getting to the polls.

If passed, this bill will enable Canadians to vote more easily and in greater numbers while strengthening the integrity of our electoral system and people’s trust in that system.

The issue of cybersecurity has never been more important. In accordance with her mandate letter from the Prime Minister, the Minister of Democratic Institutions presented a threat assessment from the Communications Security Establishment, or CSE, to analyze the risks to Canada's political and electoral activities from hackers.

The Minister of Democratic Institutions also has a mandate to bring forward options to create an independent commission or commissioner to organize political party leaders' debates during future federal elections. The Standing Committee on Procedure and House Affairs is currently studying this and has gathered valuable feedback from witnesses and stakeholders with interest and expertise in this aspect of Canadian democracy. The Minister of Democratic Institutions shared her own views on this important issue with the committee last fall. Additionally, the minister and I recently completed a cross-Canada tour to meet with stakeholders to hear their thoughts on how a commission or commissioner could be established to organize federal leaders' debates.

We also invite all Canadians to share their views on the future of leaders' debates in Canada by visiting the Democratic Institutions website by February 9, 2018.

Be assured that our government, this minister, and I will never stop working to further protect, strengthen, and improve our democracy, which I hope will be with the help of all members of the House, and to acknowledge that better is always possible.

The House resumed from 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.

Business of the HouseOral Questions

February 1st, 2018 / 3:05 p.m.
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Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons and Minister of Small Business and Tourism

Mr. Speaker, I would like to thank the opposition House leader for her good work this week and welcome a third new House leader to the team.

This afternoon, we will continue debate on Bill C-50, political financing, at report stage. We will return to this debate tomorrow, as well as next week, on Monday and Wednesday.

I would like to inform the House that next Tuesday and Thursday will be allotted days.

Democratic ReformOral Questions

February 1st, 2018 / 2:40 p.m.
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Burlington Ontario

Liberal

Karina Gould LiberalMinister of Democratic Institutions

Mr. Speaker, when it comes to strengthening our democracy, Canadians want us to focus on what unites us, not on what divides us. We listened to Canadians. They expect us to protect the integrity of our democracy.

My job is to strengthen and protect our democratic institutions and ensure they represent the values of Canadians. Through the introduction of Bill C-33 and Bill C-50, we are moving to accomplish that mandate.

I know every member of the House shares the deep affection Canadians have for our democracy. Canadians want us to work together on priorities that unite us, and that is where our focus will remain.

Motions in amendmentCanada Elections ActGovernment Orders

February 1st, 2018 / 1:50 p.m.
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Halifax Nova Scotia

Liberal

Andy Fillmore LiberalParliamentary Secretary to the Minister of Democratic Institutions

I am pleased to rise in the House today to speak to Bill C-50, a piece of legislation introduced by our government to amend the Canada Elections Act and improve the transparency of political financing.

As all colleagues in the House can agree, political fundraising is a key element in our Canadian democratic process. Political parties must fundraise for nearly all aspects of their operations, everything from basic day-to-day functioning to political campaigns during elections. I would like to respectfully remind the House that the existing regulations around fundraising in Canada are among the strongest in the world. These existing regulations include strict spending limits, a cap on annual donations, and an outright banning of corporate and union donations.

However, our government wants to ensure that transparency is at the heart of this new legislation, which is why Bill C-50, if passed, would legislate the following. It would make public all fundraising events involving the Prime Minister, cabinet ministers, party leaders, and leadership contestants of parties with a seat in the House of Commons, when over $200 a person is necessary to attend an event.

Information about such activities will have to be posted on the political party's website at least five days before the event.

It would also require political parties to report a list of attendees to Elections Canada within 30 days after the event.

Finally, technical amendments will be made in order to harmonize the rules applicable to nomination and leadership race expenses and those related to candidates' election expenses.

This legislation would account for certain privacy considerations involving the disclosure of the names of youth under 18, volunteers, event staff, media, support staff for those with a disability, and those supporting a minister or a party leader in attendance such as security personnel. These would all be exceptions to the requirement to disclose their names on party websites.

Before I discuss Bill C-50 in detail, I would like to address the motion of the member for Skeena—Bulkley Valley that is at report stage. The member's motion asked the House to delete clause 4 of the bill. I was disappointed to see this motion put forward because clause 4 enacts a direct recommendation made by the Chief Electoral Officer in his report after the last election.

In his report, the former Chief electoral Officer, Marc Mayrand, noted that:

...the definitions of “leadership campaign expense” and “nomination campaign expense” are problematic in that they do not include expenses incurred outside the contest period, even if the goods or services are used during the contest. Nor do these expenses include non-monetary contributions or transfers. This has consequences for the coherence of the political financing regime applicable to leadership and nomination contestants.

It is the implementation of this recommendation, recommendation A36 of the CEO report, that the member for Skeena—Bulkley Valley would like to see eliminated from Bill C-50. That recommendation is to “make leadership and nomination financial transactions fully transparent and the political financing regime applicable to contestants more coherent.”

What is even more confusing is that this recommendation from the former Chief Electoral Officer received all-party support at the Standing Committee on Procedure and House Affairs, leaving us all wondering whether the member checked with his NDP colleague on that committee before putting his curious motion forward.

Our government has set forth legislation that would increase transparency in fundraising in a balanced and efficient manner, and that is Bill C-50.

I would like to turn to the evidence that we heard at committee.

During his appearance before the Standing Committee on Procedure and House Affairs, the current acting Chief Electoral Officer, Stéphane Perrault, stated:

...I note that the bill offers a calibrated approach. Not all parties will be subject to the new requirements and I believe that is a good thing. Similarly, the rules will not apply to all fundraising activities, but only those for which a minimum amount is charged to attend and where key decision-makers are also present.

Mr. Perrault went on to say:

There is also an important exception for party conventions, including leadership conventions, except where a fundraising activity takes place within the convention. The convention itself is exempted, but if there's a fundraiser that meets all the conditions within the convention, then that is caught by the new rules. Again, this reflects a concern to achieve a proper balance and I think it is wise.

Later in his testimony, Mr. Perrault stated:

Generally speaking, the bill increases the transparency of political fundraising, which is one of the main goals of the Canada Elections Act. It does so without imposing an unnecessary burden on the smaller parties that are not represented in the House of Commons or for fundraising events that do not involve key decision-makers.

When asked if he felt that Bill C-50 captured the right political entities for disclosure, Mr. Perrault said, “It captures a number of key decision-makers, and it doesn't capture, by contrast...people who are not key decision-makers”.

He went on to say:

This bill is carefully drafted. It avoids some of the traps we've seen elsewhere.... I would say only that it increases transparency, that it's calibrated, and that I can administer this piece of legislation, with some improvements.

Motions in amendmentCanada Elections ActGovernment Orders

February 1st, 2018 / 1:35 p.m.
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Conservative

Blake Richards Conservative Banff—Airdrie, AB

moved:

Motion No. 5

That Bill C-50 be amended by deleting Clause 5.

Motion No. 6

That Bill C-50 be amended by deleting Clause 6.

Motion No. 7

That Bill C-50 be amended by deleting Clause 7.

Motion No. 8

That Bill C-50 be amended by deleting Clause 8.

Motion No. 9

That Bill C-50 be amended by deleting Clause 9.

Motion No. 10

Bill C-50 be amended by deleting Clause 10.

Motion No. 11

That Bill C-50 be amended by deleting Clause 11.

Madam Speaker, I appreciate the opportunity to rise to speak to this bill and these amendments. As a member of a political party and a member of Parliament, I certainly understand the importance of fundraising for our ability to campaign. Without it, we certainly could not carry out the activities that we do for our campaigns and our political parties.

However, there is certainly a difference between fundraising by asking supporters or friends to chip in $10 or $20, $50 maybe, to help buy some lawn signs or pamphlets to distribute door to door, and, for example, a swanky $500-a-plate dinner at a law firm attended by top Bay Street lawyers, with the Minister of Justice as the special guest. I cannot imagine how the Liberals cannot see the issue of lawyers being able to buy access to the Minister of Justice, for example.

That is exactly what was happening before the Liberals hastily introduced this bill. They were caught with their hands in the cookie jar and had to scramble to come up with an excuse. Bill C-50, or as I have called it in the past, the “got caught with my hand in the cookie jar so I am blaming the cookie jar” act, is their excuse. This is what they are using as their cover. They have broken their own pledge of having an open and accountable government. The legislation that has been introduced is certainly incredibly underwhelming.

In a document entitled “Open and Accountable Government”, one of the general principles listed for ministers and parliamentary secretaries when fundraising and dealing with lobbyists states, “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.” That is a pretty clear statement. Who was that document signed by? It was signed by none other than the Prime Minister himself. This is hardly shocking to Canadians, as this government is well known for being all talk with, at best, very little action.

Apart from explicitly stating that there is to be no preferential access to government by people who have made financial contributions to politicians and political parties, the document also clearly states that there should be no appearance of that. “Appearance” is a word that I am sure the Liberal government is quite familiar with. Does having a $500-a-plate fundraiser at a Bay Street law firm, attended by the justice minister, pass the appearance test? I would say it does not.

Does having Chinese nationals with business interests in Canada attend a Liberal fundraiser with the Prime Minister and then provide six-figure donations to the Trudeau Foundation pass the appearance test? I would say no.

Does the Prime Minister vacationing on a billionaire's private island in the Bahamas, a billionaire who heads an organization that actively lobbies the government, pass the appearance test? I think I know the answer to that one, too, and it is no. It did not just fail the appearance test; it also failed the Ethics Commissioner's test, and the Prime Minister became the first one to have broken ethics laws. For the record, there are many ways to have a vacation on a private island that do not require selling access to the government. By all means, if that is the lifestyle that the Prime Minister likes to enjoy, I can certainly connect him with a number of travel agents across the country who could help him with his next trip.

However, let us get back to the serious issue at hand, which is simply this. How can Canadians trust a government that pledges to take accountability seriously and then fails its own appearance test at every single turn?

In an attempt to change the channel, Bill C-50 was introduced. It is like letting the foxes guard the henhouse. The Prime Minister is supposed to lead by example, but if his cabinet ministers see him enjoying a vacation on the private island of someone who lobbies the government, they probably think to themselves that there is nothing wrong with fundraisers attended by people who are going to lobby them. Therefore, it is no surprise that this bill was introduced.

There is only one thing this bill would do. It would bring these fundraisers into the open. The bill would not end the question about how appropriate it is for ministers of the crown or even the Prime Minister himself to attend fundraisers where they are being lobbied. No, it would not do that at all. The bill would simply move it into the public eye. Again, it is about appearance.

At least the bill would fulfill one aspect of the “Open and Accountable Government” document. The Liberals think that if the public can see it, everything is just fine. That is the logic they are going on. However, let us be clear. Cash for access does not become ethical simply because it is conducted in public. The Liberals should not need rules or laws to know that cash for access is unethical. That should simply be clear. There should not be a need for any rules or laws to make it clear.

Special interest groups and lobbyists should not have preferential access to very powerful figures simply because they can afford $1,500 for a fundraiser ticket. To the Liberals, bringing these fundraisers into the public eye is enough, but is it really? Have we come to expect so little of our government that simply doing the bare minimum, simply having the appearance of doing the right thing, is acceptable?

Someone once said this:

Most of all, we defeated the idea that Canadians should be satisfied with less, that good enough is good enough and that better just isn’t possible. Well, my friends, this is Canada, and in Canada better is always possible.

Who said that? It was none other than the Prime Minister himself, on election night in 2015.

Well, if better is always possible, according to the Prime Minister, then we need to do better than this bill, to be more accountable to Canadians. Certainly the Liberals need to do better.

Better does not mean a PR stunt where the actual issue is not addressed. Again, that is what Canadians have come to expect from this Liberal government: PR stunts that give the appearance of something being done, but in reality nothing changes. In this case, which is one of many examples, wealthy lobbyists will still be able to gain access to the Prime Minister and to senior cabinet ministers by simply buying a ticket for a fundraiser. That is what they have to do, put out a little cash and get some access. The Liberal government has missed a great opportunity to address this issue. Instead, the Liberals have chosen to duck and hide.

There is a very simple solution to this. If the Liberals would just take a moment to listen to the opposition, we can fix this. The Liberals should simply follow their own guidelines and stop attending these fundraisers, and that includes the Prime Minister. That is all it would take. We do not need a piece of legislation to figure that out. It is common sense.

By attempting to pass this underwhelming legislation, all the Liberals are doing is ensuring that the Prime Minister gets to continue to charge $1,500 for wealthy and connected insiders to meet him and discuss government business. Perhaps they meet him and then make big donations to the Prime Minister's family foundation.

At this point, one thing is clear. The Prime Minister does not believe that the rules should apply to him. A new law would not make the Prime Minister's cash for access fundraisers ethical. He does not respect even the laws we have now. What in the world would make us think that he would respect this law?

The Prime Minister knew that the vacation he took was not allowed, yet he did it anyway. Then he just apologized because he was caught. Clearly, the Prime Minister believes that these laws are meant only for regular Canadians and not for him. That is why we have an issue with this bill. It is simply a PR stunt designed to cover up the fact that the Liberals are engaged in unethical behaviour, and it does not do anything to actually address the problem.

Speaker's RulingCanada Elections ActGovernment Orders

February 1st, 2018 / 1:35 p.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

There are 11 motions in amendment standing on the Notice Paper for the report stage of Bill C-50.

Motions Nos. 1 to 11 will be grouped for debate and voted upon according to the voting pattern available at the table.

The House proceeded to the consideration of Bill C-50, An Act to amend the Canada Elections Act (political financing), as reported (with amendments) from the committee.

Canada Elections ActPrivate Members' Business

December 7th, 2017 / 4:40 p.m.
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Liberal

David Graham Liberal Laurentides—Labelle, QC

Madam Speaker, it gives me great pleasure to rise on Bill C-364 to discuss election financing law.

To start with, I will not be supporting this bill. That is not because I do not believe in a stronger role for public financing; I do believe that. It is because the alternative is a stronger role for private financing.

The key question I want to address in our democracy is a complete re-evaluation of political fundraising itself. Is fundraising necessary, and if so, what should it look like? Conventional wisdom is that it is. However, I want us to ask the question honestly and objectively.

Political parties need funds to operate and campaign. That is a given. However, what is a fair way to achieve that funding?

First, parties and riding associations should not have to fundraise in competition with each other. The fundraising should come from the riding, with a share sent to the party in order for it to remain a part of the party, with the specific details left up to each party or riding association to figure out. A party is not a party, after all, without ridings and representatives. The parties themselves are only meant to exist as a vehicle for like-minded members to work together, not as a means for members to become like-minded. That is a discussion for another day.

I disagree with the current fundraising model of 100% private funds, coupled with non-refundable tax credits and expense reimbursements that do not give equal ability to all members of society to participate, which is a fundamental tenet of any democracy. Those who have money can participate and get tax credits. Those who do not have money to participate are not eligible for the tax incentive to do so. Therefore, having less means that each dollar costs less fortunate individuals more in absolute terms, and prohibitively more in relative terms. Once again, those who need are at a disadvantage compared to those who do not, and politicians, with their insatiable need for funds, must necessarily gravitate toward those who have.

Many donors donate because they believe in the cause. However, I think it is naive to believe that all donors do. I am sure most of us have received an angry email or phone call at some point from someone who has given money to either our riding or our party saying, “I am a donor and I am angry.” Personally, I do not take well to this kind of message. I want people to donate because they believe in what we are doing and want us to continue, not in order to tell us what we need to do. If they are angry, I want to know that, not because they are donors but because they are citizens. I want that fact detached from the comment, and I want people who did not donate to express themselves with equal fervour. I am here to represent and work for all of my people to the best of my ability, not just those who supported me or may do so in the future.

I also disagree with the concept of annual per-vote funding, the primary objective of Bill C-364, for the simple reason that how people voted in 2015 may not reflect where they want their financial support to go. At that, it may not be the same in 2016, 2017, 2018, or 2019. If people vote for a Liberal candidate to block a Conservative candidate when they actually support the Green Party, why should the money go to the Liberals and not the Green Party in that circumstance? It does not make sense. If we do have per-vote funding, we should also have a preferential ballot so that the money we assign goes to our first pick, even if we have specified additional choices in order to prevent the unfavourable results that can sometimes come from not voting strategically.

On the other hand, I also do not believe that just because one has registered a political party it is automatically entitled to some funding or an equal level of funding as all the others. It must be tied to that party's actual support in some way. Giving the Rhinoceros Party $18 million simply because it is registered may not necessarily serve the interests of democracy, and providing per-party financing may motivate some people to register political parties for the purpose of simply collecting the money without any actual interest in the electoral process. I think these risks are fairly self-evident.

While I know I am very much in the minority on this, my preferred model for addressing all these concerns is to put a question on the tax returns of Canadians that would go something like this, with the numbers being completely arbitrary for the sake of demonstration here today.

With respect to let us say tax return line number 500, an answer to this section is required for my tax return to be accepted as complete. Therefore, the questions might be, “Question 1, I am entitled to direct $25 to a party registered in my riding or to be held in escrow for an independent candidate to be returned or forfeited if the candidate I name does not register to run in the next election: a) Yes, I would like to exercise this right, or b) No, I do not wish to contribute to any political party or independent candidate at this time.” If we check off no, then we are finished and have met our obligations under this section of the return. If we answer yes, that we do wish to direct $25 to a political party, we have three more questions to answer.

The first question would be, “The party or independent candidate I wish to support in my riding is”, then there would be a blank space or drop-down menu with data provided by Elections Canada for electronic filers. The second question would be, “I would like this money to: a) come from general revenues, or b) be added to my own tax assessment.” The final question would be, “I would like the origin of this contribution to be: a) disclosed to the party or independent candidate receiving it, or b) kept anonymous and confidential.”

Splitting up the questions like this allows those who believe it must be their own funds that contribute to political parties to put their money where their mouth is. However, more importantly, it means that someone who does not have two cents, and someone who is a millionaire, have the same weight in the fundraising process.

Everybody has the option but not the requirement to do so anonymously, so the data cannot be automatically used by political parties. Allowing people to say no to donating at all, and not knowing who, should help force all parties to retain a more positive message. Divisive dog-whistle fundraising will not work on an anonymous tax-assessment-based fundraising model. Being negative would serve to discourage people from contributing to political parties overall, with them answering no to the question of whether to give before seeing the options of who to give to.

The pie can be pretty big if Canadians all have a positive view of political parties, rather than the negative views promulgated today by some elements of our political system to sew division and make people hate, rather than to want to work together.

While the Canada Revenue Agency will no doubt be less than excited to get involved in this manner, and there must be careful and specific controls to protect the privacy of the responses to this question, in my view it is the fairest possible way to ensure that political financing is put on an equal basis by all citizens for those they support here and now, at all times, in all parts of the country.

There are no doubt other models and solutions that could be looked at, but I firmly believe that the question must be asked, and I thank the member for Terrebonne for bringing public financing reform forward for us to discuss.

This legislation also reduces the fundraising limits significantly in conjunction with the reintroduction of per-vote funding. The amount of the donation cap is largely irrelevant if there is still an inequity between donors who have means and donors who do not, and so the cap at $500 or $1,500 is largely immaterial to me. Someone who makes enough to pay taxes giving $400 is still out of pocket only $100, while someone who does not make enough to pay taxes giving $400 is out of pocket the full amount, not to mention possibly out of a home or a few meals. Therefore, I find the particular change proposed in the bill to be fairly meaningless. It would not solve any existing problem.

Finally, the member for Terrebonne's bill has an absolute rather than relative coming into force provision. Given that the bill is only at second reading here in the House and has yet to get through the Commons committee, report stage, third reading and referral to the Senate, second reading at the Senate, Senate committee, Senate report stage, Senate third reading, and royal assent, it is not realistic to suggest that the bill could be in force 24 days from now.

Over the past two years, we have made strides forward on these matters. I do not believe my views on fundraising reflect those of very many of my colleagues on any side of the House, but we are seeing changes both here and in several provinces.

Conservative Bill C-23, the so-called Fair Elections Act, reformed fundraising in a whole lot of ways that were detrimental to democratic society, including removing fundraising costs from capped expenses in an election campaign, and upping the donation limit by 25%, and then indexing it by $25 per year instead of by an an inflation-based formula.

I do not wish to re-litigate that particular bill. As the assistant at the time to the Liberal critic for democratic reform, I had more than enough sleepless nights trying to grok every word of that act once, and it certainly contributed to my motivation to seek a seat in this place so that this kind of abuse of democracy could not happen again.

Our own government's Bill C-50 brought in strict reporting requirements for fundraising events involving the key power brokers of government, and those working hard to replace them, which I think is genuinely important.

The thing about fundraising, and public financing of political parties, of course, is that there is no such thing as a perfect answer, only a balance of imperfect solutions. What I am sure of, though, is that Bill C-364 does not address the fundamental inequalities within our existing fundraising and public financing structure for our political system.

Business of the HouseOral Questions

December 7th, 2017 / 3:05 p.m.
See context

Winnipeg North Manitoba

Liberal

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

Mr. Speaker, this afternoon, we will continue the report stage debate of Bill C-24, the one-tier ministry bill. Tomorrow, we shall commence second reading debate of Bill C-66, the expungement of historically unjust convictions act.

On Monday, we will call report stage and third reading of Bill C-51, the charter cleanup legislation. Tuesday we will return to Bill C-24 at third reading.

If Bill C-66 is reported back from committee, we would debate that on Wednesday with agreement. The backup bill for Wednesday will be Bill S-5, concerning vaping, at second reading.

On Thursday, the House will debate Bill C-50, political financing. Then on Friday, we will consider Bill S-2, the strengthening motor vehicle safety for Canadians act.