Canada's New Government Introduces the Accountability with Respect to Loans Bill

Photo: Peter Van Loan

Peter Van Loan, Minister for Democratic Reform and Government House Leader, today announced the introduction of legislation amending the Canada Elections Act, Accountability with Respect to Loans. The bill is an important part of the federal government’s agenda to strengthen accountability and democracy in Canada.

“Canada’s New Government fought the last election campaign on a commitment to eliminate the influence of rich, wealthy individuals from the political process and to restore accountability in Government,” said Minister Van Loan. “Once this Act passes, we believe we will have created an airtight system of political financing that will eliminate, once and for all, the influence of rich, wealthy individuals from the political process.”

The Act ensures that the treatment of loans is consistent with the higher standards of transparency put in place for political contributions by the Federal Accountability Act, which was passed in December 2006.

The proposed changes are fourfold:

• The bill would establish a uniform and transparent reporting regime for all loans to political parties, associations, and candidates, including mandatory disclosure of terms such as interest rates, and the identity of all lenders and loan guarantors.

• Unions and corporations would now be banned from making loans to political parties, associations, and candidates, consistent with their inability to make contributions as set out in the Federal Accountability Act.

• Total loans, loans guarantees, and contributions by individuals could not exceed the annual contribution limit for individuals established in the Federal Accountability Act ($1,100 in 2007).

• Only financial institutions (at commercial rates of interest) and other political entities could make loans beyond that amount.  Rules for the treatment of unpaid loans would be tightened to ensure candidates cannot walk away from unpaid loans: riding associations will be held responsible for unpaid loans taken out by their candidates.

The bill is consistent with a recommendation from the Chief Electoral Officer of Canada.  It reflects a legal approach to political loans already in place in several provinces such as Ontario, Quebec, Manitoba, and Alberta.

For information, contact:
Michael White
Communications Assistant
Office of the Leader of the Government in the House of Commons and Minister for Democratic Reform

(613) 995-7226

BACKGROUNDER
Amendments to the Canada Elections Act
(Accountability with Respect to Loans)

The Government is committed to maintaining the highest standards of transparency and accountability in political financing.  To that end, it has introduced amendments to the Canada Elections Act to create more transparent accountability requirements and stringent restrictions on the use of loans by political entities.  The current rules do not create uniform standards of transparency, and loans could be used to circumvent contribution limits and restrictions on the source of contributions.  The new loans provisions will apply to political entities governed by the Canada Elections Act, i.e., parties, candidates, nomination and leadership contestants, and riding associations. 

The current rules on loans are a series of inconsistent and incomplete measures adopted over time.  They are no longer consistent with the broader legal framework for political financing or the higher expectations of Canadians.   For example, the current rules are inconsistent: registered parties must make full disclosure of any loans, but there is no such requirement in place for individuals who are nomination contestants or candidates.  Enforcement of the rules is difficult since the information required to ensure compliance (e.g., the interest rate at which a loan is made) is not always disclosed. 

A major concern is that loans could be used to circumvent both the legal contribution limits and the restrictions on the source of contributions.  The rules governing political contributions were strengthened through the Federal Accountability Act, which reduced the maximum annual contribution by individuals to political entities to $1100 for 2007, and prohibited unions and corporations from making political contributions.  Since loans are not subject to either of these restrictions, there is no limit on the amount of loans any person or entity can make.    Loans can therefore be used to circumvent the contribution limit and in effect can be disguised contributions.

The proposed changes update and strengthen the treatment of loans:

• The bill would establish a uniform and transparent reporting regime for all loans to political entities, including mandatory disclosure of terms, and the identity of all lenders and loan guarantors.  The current rules for disclosure are not uniform and impose different requirements on different political entities.

• Total loans, loans guarantees, and contributions by individuals could not exceed the annual contribution limit for individuals established in the Federal Accountability Act.  The current annual contribution limit is $1100 for individuals, but there is currently no limit on the amount of money an individual can lend to political entities.

• Only financial institutions and other political entities could make loans beyond the annual contribution limit for individuals, and only at commercial rates of interest.  Unions and corporations would now be unable to make loans, consistent with their inability to make contributions as set out in the Federal Accountability Act, and financial institutions could not lend money at rates of interest other than the market norm.  (The changes would not require a commercial rate of interest for loans made by individuals since the entire loan amount would be counted towards the individual contribution limit, irrespective of the interest rate.)

• Rules for the treatment of unpaid loans would be tightened to ensure candidates cannot walk away from unpaid loans: riding associations will be held responsible for unpaid loans taken out by their candidates.  This measure would ensure that riding associations are held responsible for debts incurred by the candidates they endorse. 

The overall goal of these measures is to reduce the potential for undue influence of wealthy interests in the political process, and thereby ensure greater accountability to citizens and enhanced confidence amongst Canadians in the integrity of their political institutions.

In January 2007 the Chief Electoral Officer of Canada completed the first comprehensive review of political loans since 2000.   In his report to Parliament he concluded that “loans granted by lenders—who are not in the business of lending, who lend money at non-commercial rates, with terms that are not available to others, or in cases where there is little prospect of reimbursement—may be perceived as a means to influence the political entity to which the funds are provided.”

The Chief Electoral Officer recommended that Parliament review the rules on loans to impose additional controls, make loans more transparent, and establish consistency in the treatment of loans for all classes of political entities.  The amendments proposed by the Government adopt those recommendations.

The election laws in Quebec, Ontario, Manitoba, and Alberta currently place some restrictions on the source or amount of loans to political entities.

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