Thank you very much, Mr. Chair and House finance committee members. Thank you for inviting me to speak today.
I might have connection difficulties. If I am lagging, please let me know, and I will turn off my screen.
My name is Sasha Caldera, and I am the beneficial ownership transparency campaign manager at Publish What You Pay Canada. Publish What You Pay Canada is part of the global Publish What You Pay movement of the civil society organizations working to make oil, gas and mineral governance open, accountable and responsive to all people. For the past four and a half years, I have been leading a coalition consisting of three civil society organizations to advocate for a publicly accessible beneficial ownership registry with our partners Transparency International Canada and Canadians for Tax Fairness.
In budget 2022, we applaud Minister Freeland's commitment to accelerate the timeline for a publicly accessible corporate beneficial ownership registry by 2023. This commitment is two years earlier than anticipated and includes participation from willing provinces and territories. Budget 2022 also includes a commitment for discussion with provinces and territories for a beneficial ownership property registry. Together these announcements are important to combat the proceeds of crime from entering Canada's economy.
Experts estimate that $45 billion to $113 billion is laundered annually into the country. Canada's announcement for a publicly accessible beneficial ownership registry is in line with other G7 and G20 countries committing to deploy such registries. These tools are now urgent national security priorities to prevent Russian oligarchs and other corrupt foreign officials from hiding dirty money in liberal democracies. Currently 105 countries around the world have made commitments to implementing publicly accessible registries.
The commitment in budget 2022 for a public registry includes ensuring that provinces and territories can participate in a registry system. As a vast majority of companies are registered within provinces, Ottawa will need to offer a blueprint that provinces can get behind. We recommend that the federal government reach an agreement with provinces and territories to allow provincially registered companies to send beneficial ownership information directly into a central registry that is managed by the federal government.
In turn, provinces can mirror legislation to their own business acts based on legislative amendments to the Canada Business Corporations Act. Using this approach, provinces would not have to devote resources to upgrading their own business registries, and provincial authorities can access the back end of the registry for investigations. Additionally, provinces can use beneficial ownership property registries to track down properties that might be owned by oligarchs on sanctions lists. We hypothesize that provinces can reap substantial revenues from asset forfeitures, as we recognize that properties are commonly used as vehicles to launder money in Canada.
Ottawa's leading the design, staffing and maintenance of a registry would be practical for a number of reasons. First, it would be appealing to smaller provinces that might not have the resources to collect and scrutinize beneficial ownership information. Second, Ottawa can commence work with willing provinces and eventually expand the registry to cover the entire country. Finally, if provinces start to collect and publish different information about beneficial owners on their own, it will be frustrating for businesses that require consistent data to fulfill anti-money laundering reporting requirements. Businesses having access to a free and searchable registry with verified data can reduce administrative costs to carry out due diligence checks and improve compliance with federal regulations.
With respect to the legislative changes in Bill C-19, I would recommend that under division 30, proposed subsection 21.21(1) should be revised to as follows: “The corporation shall conduct ongoing monitoring and, at least once each financial year, ensure that it has identified all individuals with significant control over the corporation and that the information in the register is accurate, complete and up to date.”
This revision is necessary because companies controlled by criminal organizations that wish to abuse the system or to evade taxes can delay updating beneficial ownership information by simply relying on this annual reporting requirement. The proposed change places the onus on the company to be proactive and ensures that the director of Corporations Canada is kept informed. Moreover, the public registry will possess the most accurate information about individuals of significant control.
Moving forward, we urge the federal government to ensure that all design elements of a publicly accessible registry are included in the second budget implementation act in order to meet the federal government timeline of 2023.
Furthermore, stakeholder consultations must be carried out in the most transparent manner, where a diverse cross-section of civil society, journalist and industry submissions are made public. We see this approach to be consistent with the goal of a publicly accessible registry, which is a crucial anti-money laundering tool that can strengthen the integrity of Canada’s economy.
Thank you so much for your time, and I'm happy to take your questions.