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Tories to outlaw political loans from unions and corporations

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Tories to outlaw political loans from unions and corporations
john ibbitson Ottawa— Globe and Mail  Wednesday, November 2, 2011
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Corporations and unions will be banned from lending money to political parties and candidates, under Conservative legislation introduced Wednesday.

Loans from individuals will also be severely curtailed, and political parties will be liable for any campaign debts that leadership candidates accumulate but cannot pay off.

The goal of the legislation, which was introduced into the House Wednesday by Democratic Reform Minister Tim Uppal, is “to reduce the potential for undue influence of wealthy interests in the political process,” according a government release.

But the effect could be to further hobble the finances of the opposition parties. In particular, it could influence the financing of the upcoming Liberal leadership race.

The Political Loans Accountability Act, which will certainly be passed by this majority Conservative government, is the latest item in a raft of laws aimed at reforming campaign financing.

Jean Chrétien’s Liberal government banned corporate and union donations to parties in the wake of the sponsorship scandal.

When the Conservatives came to power, the Harper government lowered the maximum individual contribution to what is now $1,100 annually. Finance Minister Jim Flaherty’s latest budget fulfills a Tory campaign promise to gradually eliminate the public funding that replaced corporate and union donations.

But it is still possible for an individual, business or union to lend money to a party or candidate. Under the new law, corporate and union loans will be banned outright.

Individuals can still lend money, but loans and donations combined will not be allowed to exceed the $1,100 annual limit.

Banks and other accredited financial institutions will be able to lend money to parties and candidates, and political parties can lend money to constituency associations or candidates. But the terms must be publicly disclosed, including amount, interest rate and the names of the lenders and guarantors.

Constituency associations and political parties will be liable for any loans that candidates are unable to pay off through fundraising. Several candidates from the 2006 Liberal leadership campaign still haven’t succeeded in paying off their debts. Since that matter is before the courts, it is unclear whether the Liberal Party might ultimately become liable for those debts.
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Another necrothread, I'm afraid ...

The Conservative Party of Canada, the party of which I am a member, I remind readers, and the party which I support, financially, to the maximum allowed by law, has failed to follow through on campaign financing reform, and that's a shame.

This article, which is reproduced under the fair Dealing provisions of the Copyright Act from the Globe and Mail highlights just one problem area:

http://www.theglobeandmail.com/news/politics/liberal-leadership-candidates-with-outstanding-loans-wont-be-taken-to-court/article13496625/#dashboard/follows/
globe_logo.jpg

Liberal leadership candidates remain off the hook for outstanding debts

GLORIA GALLOWAY
OTTAWA — The Globe and Mail

Published Tuesday, Jul. 30 2013

The head of Elections Canada is urging the new Minister for Democratic Reform to give him the power to bring down the hammer on candidates, including those for party leadership, who fail to repay campaign loans.

Seven years after the 2006 campaign to lead the federal Liberals, four of the candidates have not fully repaid the money they borrowed to finance their bids. Surprisingly, they include Stéphane Dion, the man who won that race and who was earlier declared to have cleared all his debts.

Marc Mayrand, the Chief Electoral Officer, has said repeatedly that, even though the law that requires candidates to repay their debts within 18 months of their election includes penalties of $1,000 and up to three months in jail, it is essentially “toothless.” In addition, he has said, the political loans regime is overly complex and difficult to understand.

Mr. Mayrand turned the problem of the unpaid Liberal leadership debts over to Yves Côté, the Commissioner of Canada Elections, who reported back on Tuesday saying the election law, as currently drafted, “lacks sufficient clarity to support enforcement action in the criminal courts with respect to loans or claims that remain unpaid following the expiry of an extension.”

As a result, said Mr. Côté, “no enforcement action can be taken against the leadership contestants in relation to their unpaid debts.”

With that report in hand, Mr. Mayrand issued a statement calling on Pierre Poilievre, the new Minister for Democratic Reform, to do what his predecessor could not: Reform the election law.

“It is clear that the leadership contestants who continue to have unpaid debts from the Liberal Party of Canada's 2006 leadership contest are not in compliance with the Canada Elections Act,” Mr. Mayrand said in the statement. “However, the Act, as currently drafted, does not provide a means by which these contestants can be sanctioned or compelled to repay their outstanding debts.”

Tim Uppal, the previous minister for democratic reform, attempted last year to revise the law but Mr. Mayrand said his proposals would have created even more confusion in an already complicated system, while leaving loopholes for candidates. Faced with flawed legislation, the government has left the matter on the back burner.

Meanwhile, the 2006 Liberal leadership loans go unpaid.

Mr. Dion, who apparently owes $7,500, expressed some surprise Tuesday that he was on the list of those with debts from that race.

“For a year I have lived with the idea that my debt related to the Liberal leadership race of 2006 had been reimbursed and that we even had a surplus,” he said in a statement. “Elections Canada tells me that might not be the case. As always, we will work with Elections Canada.”

The other candidates with outstanding debts include Joe Volpe who owes $97,800, Hedy Fry who owes $69,000 and Ken Dryden who owes $225,000.

But it is not just leadership candidates who have failed to pay back campaign debts. Hundreds of past candidates, including many of those who now hold seats in Parliament, collectively owe millions of dollars.

In the case of the 2006 Liberal leadership contestants, they are caught in a bind created by the Conservative government when it changed the law partway into 2006 campaign to prevent any donor from giving more than $1,100, in total, to candidates in a single leadership race. That means that a donor who has already given $1,100 to a candidate to help with expenses from the 2006 race is not permitted to make any further donations related to that campaign.

With the pool of regular Liberal donors already tapped, it has not been easy for the candidates to raise funds to pay for a contest they lost seven years ago.

The legislation introduced by Mr. Uppal would have restored donors’ ability to contribute a maximum annual amount to contestants in the same leadership campaign year after year.


Part of the problem is with laws and regulations and another part is with Elections Canada, itself.

The laws and regulations bit is entirely within the remit of the government of the day. If Prime Minister Harper wishes he can have effective, fair and strict campaign financing laws on the books well before 2015 ... but it is not, apparently, a priority.

Elections Canada is a thornier issue. It is not that electoral commissions are bad things, most functioning democracies, and a few totalitarian regimes,  have them:
_______________________________
Albania: Central Election Commission
Australia: Electoral Commission
Australian Capital Territory: Electoral Commission
New South Wales: Electoral Commission
Queensland: Electoral Commission
South Australia: Electoral Commission
Victoria: Electoral Commission
Western Australia: Electoral Commission
Bangladesh: Election Commission
Belarus: Central Election Commission
Belize: Elections and Boundaries Commission
Bolivia:
Plurinational Electoral Organ (since 2010)
National Electoral Court (defunct since 2010)
Brazil: Superior Electoral Court
Regional Electoral Courts
Republic of China: Central Election Commission

Canada: Elections Canada
    Directeur général des élections du Québec
    Elections Alberta
    Elections BC
    Elections Manitoba
    Elections New Brunswick
    Elections Newfoundland & Labrador
    Elections Nova Scotia
    Elections Nunavut
    Elections NWT
    Elections Ontario
    Elections Prince Edward Island
    Elections Saskatchewan
    Elections Yukon

Colombia: National Electoral Council
Democratic Republic of the Congo: Independent National Electoral Commission
Ethiopia: National Election Board
France: Constitutional Council
Ghana: Electoral Commission
Guyana: Elections Commission
Haiti: Provisional Electoral Council
Hong Kong: Electoral Affairs Commission
India: Election Commission
Iran: Guardian Council
Iraq: Independent High Electoral Commission
Kenya:
    Interim Independent Electoral Commission (since 2008)
    Electoral Commission (defunct since 2008)
Liberia: National Elections Commission
Malaysia: Election Commission
Mexico:
    Federal Electoral Institute
    Federal Electoral Tribunal
Moldova: Central Election Commission
Myanmar (Burma): Union Electoral Commission
Nepal: Election Commission
New Zealand: Electoral Commission
Nicaragua: Supreme Electoral Council
Nigeria: Independent National Electoral Commission
Pakistan: Election Commission
Palestine: Central Elections Commission
Philippines: Commission on Elections
    Once a winner is proclaimed, only these tribunals can rule on election matters:
        Presidential Electoral Tribunal (entirely composed of the Supreme Court)
        Senate Electoral Tribunal
        House of Representatives Electoral Tribunal
        Regional Trial Courts for local officials
Puerto Rico: State Elections Commission
Russia: Central Election Commission
Singapore: Elections Department
South Africa: Independent Electoral Commission
South Korea: National Election Commission
Sweden: Election Authority
Thailand: Election Commission
Turkey: Supreme Electoral Council
Ukraine: Central Election Commission
United Kingdom: Electoral Commission
United States:
    Election Assistance Commission, administers federal elections and establishes standards for state and local elections
    Federal Election Commission, regulates campaign finance legislation
    Electoral Commission, a special commission for the 1876 presidential election
    Florida: Election Commission
    New York: State Board of Elections
    Oklahoma: State Election Board
    Virginia: State Board of Elections
Uruguay: Electoral Court
Venezuela: National Electoral Council
Zimbabwe: Electoral Commission


The problem, as I perceive it, is that Canadian election commissions are too often used a dumping grounds for underperforming functionaries - hat may be unfair but it is how it appears to me.
 
And.....there has been little love lost between the CPC and Elections Canada...
 
Curtailing unions and businesses from donating is a good idea. No doubt creative individuals will find interesting ways to skirt around the rules regardless. Frankly I hate my union dues going to political parties of any type.
 
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