Bill C-42

An Act to amend the Canada Business Corporations Act and to make consequential and related amendments to other Acts

This enactment amends the Canada Business Corporations Act to, among other things,
(a) require the Director appointed under that Act to make available to the public certain information on individuals with significant control over a corporation;
(b) protect the information and identity of certain individuals;
(c) add, or broaden the application of, offences and provide the Director with additional enforcement and compliance powers; and
(d) add regulatory authority to prescribe further requirements in certain provisions.
It also makes consequential and related amendments to other Acts.

Motions in Amendment

[Daniel Blaikie, NDP, Elmwood—Transcona, MB]

Madam Speaker, it is my pleasure to rise today to speak to Bill C-42 at report stage. I will be talking about themes that have already been explored today.

One of the reasons a public beneficial ownership registry is so important is because Canada, notoriously, is losing tens of billions of dollars in tax revenue ever year as a result of tax havens. That is where Canadian corporations are able to declare their revenue in other jurisdictions, and then either bring that money back into the country or not, without paying any sort of tax. That means, despite corporations doing their business and raising their revenue here in Canada, they are finding ways out of paying their fair share.

That is from a more general point of view and about paying into general revenue that then goes to paying for things such as the Canada health transfer and other important sources of funding that ensure Canadians have access to health care, education and the other important services they depend upon. It is also because these companies are making use of a fair amount of Canadian infrastructure, which Canadians pay for through the public purse, to create the profits they are getting. It is only right that they pay their fair share.

If we look at the share of government revenue that comes from business and corporate tax over the last number of decades, that share has been decreasing considerably against the share that working Canadians are paying. We do end up in a difficult situation that is not financially tenable, where corporate Canada is no longer paying as much of the bill as it used to for government services.

One of the tools to do that is to better define the extent to which tax revenue is being avoided or escaped by corporate players in Canada. Part of that puzzle is lifting the veil of secrecy that so often covers various business arrangements and makes it hard to tell who needs to be held to account for their business practices.

Even though I think it is an interesting idea to have a global minimum tax, which is not to say that means Canada has to have a minimum corporate tax, we have a lot of other competitive advantages that make us an attractive place for investment, and Canada should not sell itself short in that regard.

Nevertheless, even if we did have a world minimum corporate tax, it is not going to address the issues of secrecy that a public beneficial ownership registry rightly addresses. It is also important to say that, in the current context and over the course of the last year or so, the arguments for a beneficial public ownership registry have become even more urgent because there is another side to this story.

When I talk about the veil of secrecy around corporate actors and ensuring they are paying their fair share, that is just one part of the story. We also know that there are malignant actors who are not just getting out of paying their fair share of taxes, but who are doing far more. I think of some of the Russia oligarchs who are known to be close associates of Vladimir Putin, who is currently waging an illegal and unjust war in Ukraine. Canada, unfortunately, is one of the places where they have seen fit to stash some of their cash and assets.

To be able to properly enforce sanctions against people like that, we have to lift the veil of secrecy around corporate ownership because those are the spaces where these kinds of folks are hiding. That is why we have seen so many of Canada's allies across the world, in the last 18 months or so, really accelerate their own programs for beneficial public ownership registries. This is why Canada cannot be left behind.

My understanding is that, to implement this registry, it will take some time after the legislation passes to do that. That is why I believe it is important this legislation pass before we break for the summer. That gives about six months to the end of the year for officials to, with a legislated mandate from Parliament, begin to put this registry into effect.

That is one thing we can do to support Ukraine and ensure that Canada is not a haven for those that would do Ukraine harm. It is why this has to pass with urgency.

I take some of the points that were made earlier in debate about the imperfections of the process at committee. What I am hearing is that there is some goodwill around this bill and a willingness, I hope, as we move forward, to look at some of the weaknesses of the bill and improve upon it in the future. However, I would rather see us improving upon something that is in place than continuing to talk about what might come to be in a context where the buddies of Vladimir Putin are having a relatively free run here in Canada because we do not have the information we need to adequately track those sanctions.

I will give an example. There has been talk about lowering the ownership threshold under the public beneficial ownership registry. That is an idea I am quite open to, but I am also mindful that, if this registry is going to be a success, we need to have participation from the provinces. My understanding is that, where provincial registries already exist, the threshold is around 25%, so that is a conversation the federal government needs to have to work with the provinces to bring everyone along together in order to lower that threshold. If we end up with a federal registry with a lower threshold and some provinces decide not to participate, or to delay their participation, I do not think we will be doing ourselves a service.

That is why, while there is room for legitimate criticism and an opportunity to do better as we learn more about public beneficial ownership registries, it should not delay this legislation's passing before summer, so this can be brought into place in a timely way. Then Canada would be able to begin applying more pressure, as it rightly should, to folks who are supporting Vladimir Putin and his illegal war in Ukraine.

[Brad Vis, Conservative, Mission—Matsqui—Fraser Canyon, BC]

Madam Speaker, I would like to understand the rationale behind lowering the significant threshold from 25% to 10%. Indeed, the New Democratic Party supported this amendment after hearing testimony during the debate at committee on why Canada should be a leader in money laundering to adopt a more progressive threshold, which was outlined by the RCMP.

[Daniel Blaikie, NDP, Elmwood—Transcona, MB]

Madam Speaker, as the member likely knows, when we talk about problems in the tax regime and folks who would like to evade paying their taxes, they can often structure their business in a way to come right up to the threshold but not exceed it. Therefore, with a 25% threshold, the concern is that it leaves a lot of latitude for a corporate organization to be able to go right up to a relatively higher threshold.

However, as I say, if Canada is going to have a lower threshold, which I am quite open to as an idea, that is not a decision that can be just taken here in Ottawa alone. It is a decision that the provinces have to go along with. It sounds like we are not there yet, unfortunately. I do not think we should delay setting up the registry while that conversation happens, and I certainly encourage the federal government to have a strong dialogue with the provinces about how to get that threshold lower. We should enable the government to set up that infrastructure now, while those conversations are happening, instead of insisting on the conversation before the infrastructure.

[Gabriel Ste-Marie, Bloc, Joliette, QC]

Madam Speaker, I thank my hon. colleague for his very detailed and interesting speech. With regard to the last question, it was mentioned that Canada could become a leader in the fight against tax evasion. Would this not require a major revolution?

I will give an example. There have recently been document leaks. Radio-Canada reported that Canada recovered 20 to 30 times less money than European countries. We also learned that even Revenu Québec recovered more money than the Canada Revenue Agency, and that is just for Quebec. Is that not outrageous?

We really need to send a message to the Canada Revenue Agency and the government that they need to do a lot more.

[Daniel Blaikie, NDP, Elmwood—Transcona, MB]

Madam Speaker, I thank my colleague for the question. A Canadian author, Alain Deneault I believe, wrote a book that describes the role played by Canadian banks in the creation of the entire international infrastructure of tax havens.

We need a major change in culture in Canada, not just in government, but in the banking sector, which is truly an integral part of this entire international enterprise. We have work to do.

We must change how we think about this to ensure that Canada is no longer a place where it is impossible to obtain justice for accountants who want big corporations to pay their taxes, and not just the Canadian workers who are footing the bill.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Madam Speaker, I just want to emphasize that, when we talk about corporations and laundering and so forth, it is important to recognize that many of these companies are actually under provincial jurisdictions. With the federal government bringing forward legislation of this nature, this demonstrates leadership and the hope that the provinces and territories would do likewise. Both complementing each other would give strength to what is actually being proposed.

Could the member expand on that particular point?

[Daniel Blaikie, NDP, Elmwood—Transcona, MB]

Madam Speaker, this is certainly an area for federal and provincial co-operation.

As I said before, what is important is that we create the legislative mandate for the federal government to move forward as expeditiously as possible, and that the government take a lot of the constructive feedback that has already been offered in the course of this debate into very serious consideration. It should take that into their conversations with the provinces and territories so that we could build the best possible public beneficial ownership registry.

What we have in the legislation now is good, but it could be better. However, we do not need it to be better to get started on all the work that needs to happen in order to start applying pressure to folks like Putin's buddies who are stashing cash here in Canada.

The House resumed from June 16 consideration of Bill C-42, An Act to amend the Canada Business Corporations Act and to make consequential and related amendments to other Acts, as reported (with amendments) from the committee, and of Motion No. 1.

Canada Business Corporations Act

[Michael Chong, Conservative, Wellington—Halton Hills, ON]

Madam Speaker, I am rising today to speak to Bill C-42, which is the government's proposal for a beneficial ownership registry.

I would like to critique this registry, because this is an incredibly important issue. The fact of the matter is that Canada has become a haven for global money laundering. In fact, do not take it from me. Here is just some international reporting on Canada. In the New York Times, just a few months ago, on March 25, an article written by Ian Austen, the Times journalist who covers Canada, begins with the sentence, “Canada is such an attractive place for money laundering that there’s even a special name to describe the activity here: ‘snow washing’.”

The U.S. State Department, in 2019, designated Canada as a “major money laundering country”. In fact, I pulled up the State Department's report from March 2022, titled “International Narcotics Control Strategy Report”, volume 2. The report says, under “Canada”, that it is estimated that between “$36 billion [and] $91 billion is laundered annually in Canada”. Assuming those are U.S. dollars, that represents, roughly, between $50 billion and $120 billion a year that is laundered through this country. One hundred and twenty billion dollars a year is roughly 5% of our GDP. Five per cent of our GDP consists of money laundering.

That March 2022 report says, “Noted deficiencies include limited oversight of the domestic non-profit sector, gaps in [customer due diligence] responsibilities for [designated non-financial businesses and professions], and a lack of beneficial ownership transparency for trusts and similar legal mechanisms.” Therefore, not only has our status as a money-laundering haven and, by consequence, a sanctions-avoiding haven and a proceeds-of-international-crime haven become documented in The New York Times; it has also been noticed by the State Department.

It is not just internationally that it has been documented. In the province of British Columbia, there was a huge commission of inquiry into money laundering. Its final report was published in June 2022 by the Honourable Austin Cullen, who was the commissioner. The commission found that billions of dollars were being laundered through British Columbia companies, British Columbia real estate and British Columbia trusts, and that this was having a deleterious impact on people living in British Columbia. This report came out just last year, highlighting the problems with money laundering in just one province, which represents roughly 10% of Canada's population. It is clear that we have a problem with money laundering and that, by consequence, we also have a problem with becoming a destination for the proceeds of sanctions evasion and a destination for the proceeds of international criminal activity. The government introduced this legislation, in part, to try to respond to these very real concerns, but the problem with the legislation in front of us is that it is deeply flawed.

I asked the Library of Parliament to do some research on the number of federally incorporated entities in Canada. The information it provided for me was that, for the year 2020, the most recent year for which data have been provided, the number of CBCA corporations, federally incorporated entities, is 421,301. The problem is that there are some 4.3 million businesses in Canada, of which only roughly 10% are CBCA corporations.

Ninety per cent of businesses in Canada are incorporated under 10 different provincial statutes, of the ten different provinces, and these corporations and trusts would not be included in Bill C-42's beneficial ownership registry. The Liberal government would say that it is working with the provinces to encourage them to create a beneficial ownership registry. The problem is that one province, Alberta, has not made any moves to create one. The problem with the other provinces is that their beneficial ownership registries have major loopholes in them. The only beneficial ownership registry in the country that is worth the paper it is written on is that of the province of British Columbia. That proposed registry includes provincially incorporated entities, trusts and real estate; it is capturing all of that in its registry. As a result, that provincial registry, combined with the federal one, would include all companies in the province of British Columbia. The problem for the other nine provinces is that they are not including real estate, which the Cullen commission in British Columbia identified as a major asset through which money, international money in particular, is being laundered.

The registry in front of us would only be as good as the weakest link in the entire system, and at least eight of the 10 provinces are not including real estate in their beneficial ownership registry. As a result, people overseas trying to avoid sanctions enforcement and trying to launder the illicit proceeds of crime and terrorism would be able to use Canadian real estate in eight out of 10 provinces to continue to launder their money, just like the Cullen commission identified in the province of British Columbia. Those individuals overseas and outside of Canada who want to avoid sanctions or want to launder the illicit proceeds of their crimes or terrorism could do so through provinces where a beneficial ownership registry for provincially incorporated entities has yet to be proposed. It is clear that the proposed beneficial ownership registry that the government has put in front of us today would not solve the problem of Canada's status as a destination for snow washing, a destination for international money laundering.

What the government should have done is to have used the broad and deep criminal powers accorded to it in the Constitution, which courts in this country, through various rulings, have long upheld as being broad and deep, to create a national beneficial ownership registry that would have included all companies in Canada, whether they are incorporated under the Canada Business Corporations Act or whether they are incorporated under one of 10 provincial statutes. It should have included all trusts in Canada, whether they were incorporated federally or provincially, and it should have included the beneficial owners of all real estate, real property in Canada, in order to ensure that we start cracking down on those who would use our country as a haven for money laundering for the proceeds of terrorism or for the proceeds of crime. The Liberal government did not proceed down that path, so, once again, we would have implementation of a good idea from the government in a very flawed manner, as it has been with so many things that the government has made announcements about.

I will finish here. The beneficial ownership registry in front of the House today would not plug the hole that has allowed this country to become such a haven and such a destination country for sanctions evasion for the proceeds of crime, for the proceeds of terrorism and for money laundering in general that landed us, in March, on the front page of the New York Times, and in the State Department's assessment of global havens for money laundering.

[Daniel Blaikie, NDP, Elmwood—Transcona, MB]

Madam Speaker, I would encourage the member to go back a little further in terms of Canada's involvement in money laundering. Donald Fleming, a former Conservative finance minister, was instrumental in setting up the Cayman Islands as an international tax haven, and he set up many others, in the Bahamas and elsewhere. Therefore, it is not a coincidence that Canada is known for money laundering, because Canada helped set up some of the financial centres of the world where money laundering takes place, and, through various taxation treaties to avoid so-called double taxes, made it possible for money to move very easily between Canada and these other jurisdictions. That is why we lose tens of billions of dollars in tax revenue from legitimate sources of income, in addition to the damage that is done in Canada through money laundering.

I wonder if the member perhaps has some reflections on the way that a certain kind of anti-tax rhetoric has been used over decades now to position Canada as a world leader in money laundering.

[Michael Chong, Conservative, Wellington—Halton Hills, ON]

Madam Speaker, the member's question allows me to highlight that there is a distinction between tax havens, like the Cayman Islands, which was mentioned, and money laundering. The whole purpose of money laundering is separate and distinct from that of tax havens. The purpose of money laundering is to hide the provenance of the money, and, in particular, to hide the fact that the money was produced illicitly through criminal activity, terrorism or sanctions evasion.

With the plethora of sanctions that have been announced by the government and other governments in the last year because of the Russian invasion of Ukraine, it becomes even more important to enforce sanctions, and it starts with having a proper beneficial ownership registry, which this one is not. I am pointing out the holes in this registry so that when we come back in another Parliament, the holes can be fixed and plugged so we can start cracking down on money laundering in this country.

[Dan Albas, Conservative, Central Okanagan—Similkameen—Nicola, BC]

Madam Speaker, the one part of the member's speech that certainly drew my attention was when he said that the system is only as strong as the weakest link. One of the challenges is that provinces may say that they are going to put in place their own registries, but the problem is the interoperability. The government has raised expectations and has basically said it is going to eliminate money laundering and see greater transparency in real estate, but that would apply to only a very small number, regulated under the federal watch.

Could the member maybe elaborate a little further on his views about this issue and the lack of interoperability between these systems?

[Michael Chong, Conservative, Wellington—Halton Hills, ON]

Madam Speaker, in the research we did, only the Province of British Columbia, at the provincial level of government, is implementing a registry that will include provincially incorporated companies and provincially incorporated trusts, which will include real estate. Nova Scotia is the other province that has already implemented a separate beneficial ownership registry for real estate. None of the eight other provinces has any plans to implement a registry for real estate, and that is a problem because the Cullen commission highlighted the fact that significant international money laundering is being laundered through real estate in British Columbia, and, no doubt, is being laundered through real estate in other provinces, such as Ontario.

The system is only as strong as the weakest link, and the fact that eight out of 10 provinces do not have a beneficial ownership registry for real estate, and that one province has no beneficial ownership registry for provincially incorporated entities and trusts, means that the system would be ineffective. That is why the federal government should have proposed legislation that used the criminal power given to it in the Constitution to create a registry that mandated all companies in Canada, federally incorporated companies, provincially incorporated companies, all trusts and all real estate, be registered under a single system to start giving law enforcement the tools they need to crack down on money laundering, the proceeds of crime and the proceeds of terrorism.

[Damien Kurek, Conservative, Battle River—Crowfoot, AB]

Madam Speaker, as always, it is an honour to be able to enter into debate on the important issues that Canadians are facing in this country and, specifically, those issues that impact Battle River—Crowfoot.

However, I was celebrated, along with so many in this place and fathers across this country, this past weekend on Sunday, as our nation recognized fathers. If I could for a brief moment, before I get into the substance of what is a very substantive debate, I would just like to pass along my greetings, officially on the record, to my father, all fathers across the country and those grandfathers who have impacted us. Although I do not have grandfathers alive anymore, I know the significant role they played in my life. I wish a happy belated Father's Day to all the fathers represented across our country from coast to coast to coast.

We are debating Bill C-42 here this evening. Although, unfortunately, it seems that the government did some tricky manoeuvring to change the debate from Bill C-18 to Bill C-42, this is an important issue that bears fulsome and comprehensive discussion in this place.

I will back up a bit and talk about something that is probably not on the radar of many Canadians, because when it comes to the idea of money laundering, most Canadians do not really understand the significance of what it is. For example, I know the Panama papers are part of the discussion that has surrounded this bill in particular. I will enlighten us on the challenge that brought us to the point that we would be debating this here this evening. I will then get into what is proposed and where I think some additional items need to be challenged, discussed and addressed, when it comes to the larger issue of what the bill is trying to accomplish.

Most people who have spent much time watching Hollywood movies will have heard of the Cayman Islands, Switzerland or other jurisdictions that are known for hiding money. Criminal enterprises, gangs and thugs store money there, access it in a secretive manner and ensure they could take dirty money that was earned by some nefarious process, whether that be the sale of something illegal, the proceeds of crime or whatever the case is. They go through a process where the money comes out, and it might not be clean on the other side, but at least it is not traceable to the original way that it was earned. This is why we call it “laundering”.

Things like the Panama papers and other news articles make headlines on occasion, and specifically, they often only make headlines when there are significant figures that are involved. This may happen if there is a businessperson or a politician who has some notoriety and is named in these sorts of releases. However, one of the really unfortunate realities is that Canada has become a place where we are known for being able to have money laundering take place.

That is incredibly concerning, especially in a world where digital technology, artificial intelligence and the dynamics associated with some of these things are incredibly complex. We have not had a great deal of time to discuss artificial intelligence in this place. The fact that Canada has become something of a safe haven for money laundering and the proceeds of crime is incredibly concerning.

Some of those proceeds would be from criminal activities that take place on Canadian soil, but the unfortunate signal that has been sent to the criminal enterprises that exist around the world is that Canada seems to be the place where one can see money laundered, regardless of where those proceeds are from. This is something that definitely needs to be addressed.

This has a few unintended consequences as well that I think bear mentioning. Just to highlight for those watching, one of the things that has been highlighted that would be a possible way to see this happen is through the purchase of real estate. At a time when we already have some of the lowest per capita housing availability in the developed world, it is incredibly concerning that some of the pressures that exist there would be for purposes that are nefarious and certainly not benefiting Canadians for the pricing structure that exists. Especially when we have a price point that is determined in a market that is not based on the product and its availability, laundering artificially inflates it. This is something that definitely needs to be addressed.

That is the problem. Now we have Bill C-42, which is a step in the right direction to address some of those things. The question is whether it goes far enough, and I will get to the ways that I do not think it does. However, it does address some of the challenges and attempts to ensure that some of the currently existing loopholes that allow Canada to be this safe haven, as I mentioned, are addressed.

One thing is to ensure that there is greater accountability for those who are purchasing businesses that have those large financial interests in this country. The reason this is important is to ensure that there is that registry and that ability to have accountability at every stage of the corporate process. For those who have no reason to hide their actions, of course, this is not something that will concern them. There may be some reporting requirements through financial institutions and whatnot, but if a person is not doing anything wrong, these burdens are not something that would be part of the daily life of the accounting of a business's operations; that is valuable.

When it comes to the fines, and we have certainly heard a lot about the fines as we have had debate about this issue, there would be an increase in the penalties, both monetary penalties and possible prison sentences. Certainly, I think that is important, although I will note the irony that it seems as though the Liberals have this habit of being soft on crime in many regards, but they want to send a signal through the legislation, it would seem, that Canada is willing to get tough when it comes to white-collar crime. However, there are certainly some challenges when it comes to the crime that is affecting so many Canadians.

There are a number of aspects that build on some of the actions that have been taken by the previous Conservative government under Prime Minister Stephen Harper, which saw this as a challenge and started to make some of those changes. Notably, back in 2014, I believe, there were some significant changes that the Harper government made to ensure that it would tighten up some of the areas that were loopholes at that point in time. A number of steps have been taken over the last number of years.

I believe my colleague for Wellington—Halton Hills said it well when he talked about a chain being only as strong as its weakest link. We are seeing that there could be some holes plugged in the challenges that Canada faces when it comes to money laundering. However, it is fundamentally important to ensure that we do not stop here.

A lot of this discussion took place at committee, and I know folks who are watching are interested in seeing some of that. The work that the committee did highlighted some opportunities that existed in terms of strengthening this legislation, and we saw a few amendments pass. However, a whole host of other amendments could have made this legislation stronger.

To address some of this strange occurrence that happens increasingly with the government, it seems to be quick to rush everything through, because it is a crisis. This is unfortunate; as it is rushing things through, it often ends up having to go back and fix the challenges or the gaps that could and should have been addressed in the earlier stages of the process. At the industry committee, there were some challenges brought up, including from some senior public servants who were concerned about the possibility of challenges when it comes to implementation. There are privacy concerns that the Liberals have to address, and this is simply another part of those areas.

To conclude, it is incumbent on us all in this place to do our utmost to ensure that every bill that comes forward is debated thoroughly and that we have engagement from the affected stakeholders. When it comes to something like this, it may not be on the forefront of many Canadians' minds, but it is fundamentally important that we get it right, so that we can stop Canada from being a safe haven for money laundering in this world.

[Frank Caputo, Conservative, Kamloops—Thompson—Cariboo, BC]

Madam Speaker, it is always a pleasure to rise on behalf of the people of Kamloops—Thompson—Cariboo.

My colleague spoke with a great deal of knowledge on this point. I can see he represents his constituents well for a relatively young MP, compared with people in mid-life like me; I am at the tender age of almost 45 now. I said I was 44 the other day, and I heard about it.

Money laundering has had both a pervasive and a significant impact. I will ask my colleague this: Could he comment on how his riding of Battle River—Crowfoot has perhaps been, maybe not directly impacted, but impacted generally by these types of things?