44th Parl. 1st Sess.
May 9, 2022 11:00AM
Madam Speaker, two weeks ago, I had the privilege of rising in the House to speak to the many ways that budget 2022 will improve the lives of Canadians. Today, I have the privilege to speak to how the rubber would hit the road with the budget implementation act.
There are so many topics I would like to cover, but in the short time I have, I am just going to choose one because we are finally setting in motion the changes that are outlined in this bill, and this is a topic that deserves debate in the chamber. These changes are increasing the transparency and accountability in our financial system and in land ownership through legislative changes that would result in the creation of a registry for beneficial ownership.
Canada has developed a reputation as a haven for money laundering, tax evasion and other financial crimes due to the relative sophistication of our banking sector and the opacity, which is a defining characteristic of our corporate and land ownership. This reputation has led Canada to have an internationally recognized term for money laundering, which is “snow washing”. It refers to the fact that anonymously owned corporations in Canada are presumed by banks and other financial institutions as being legitimate without the transparency that should underpin such a determination.
An expert panel on money laundering in B.C. real estate estimated that, in 2018, some $46 billion in list funds were laundered in Canada, much of it moving through real estate. The 2017 analysis by Transparency International found that Canada had the weakest corporate transparency rules in the G20, tied only with South Korea.
Why does this matter? Few realize that white-collar crime such as this has very real impacts, even if it may not be obvious from the beginning. The fact is that these vulnerabilities feed directly into the largest challenges we face in the present day. Consider the example of the Vancouver model of money laundering. In this model, opioids are shipped in large quantities from China to Canada as a way of Chinese residents moving capital out of China to the safe haven of Canada by evading the country's currency export controls of $50,000 U.S. per year. The proceeds from the drug trade are laundered through casinos or invested in, among other things, Canadian real estate, where it is purchased through blind trusts or numbered companies with the real owners obscured.
Money laundering not only supports criminals. It is also estimated to have contributed to a 5% increase in the price of housing in B.C. as of 2018. When studies show that we do not know the true owners of over half of the 100 most expensive properties in B.C., we know that it is not just causing more housing unaffordability, it may also be linked to tax evasion of our treatment of principal residences. Importantly, it is also fuelling the deadly health emergency we have in the province of B.C., which is the opioid epidemic. Dirty and dark money comes from both domestic and foreign sources.
In the House, it has been a source of great pride to see how members of all parties have come together to support our Ukrainian friends who have been victimized by the brutal invasion of Vladimir Putin. One of the main tools we have relied on has been the use of targeted sanctions on Putin's inner circle. This budget implementation act indeed contains measures that will create the conditions for the seizing and disposal of assets from sanctioned individuals. However, when the ownership of assets is undertaken through complex, international schemes of shell companies in countries that have similar opaque corporate registries, then we currently have very little ability to determine who the real owners of assets are in Canada, which are held in Canadian banks, and our sanctions, therefore, have limited effect.
It is abundantly clear that we need to act, and through measures in this budget, we are doing just that. We are reviewing and strengthening our anti-money laundering and terrorist financing regime by extending the current system to monitor payment service providers and crowd-funding platforms for money laundering and terrorist financing. About $90 million is provided to FINTRAC to significantly expand and modernize its ability to detect and prevent financial crime.
We are also taking the first steps to establish a new Canada financial crimes agency, which will become Canada's lead enforcement agency for financial crimes. This is important because we need to have financial and accounting experts in law enforcement and the public prosecution services to effectively tackle complex, white-collar crime cases.
Most importantly, we are amending the Canada Business Corporations Act to implement a public and searchable beneficial ownership registry, which would be available by the end of 2023. This will require that corporations report the identities of those who own and control significant portions of any corporation. It will allow law enforcement, the CRA, banks, journalists and the public at large to see exactly who owns any given company and ensure that criminals can no longer hide behind anonymous numbered corporations. Beneficial ownership registries are the gold standard when it comes to combatting corporate financial crime, and this has been recognized throughout the world.
In fact, this is not even going to be the first beneficial ownership registry in Canada, as B.C. has had a land registry since May 2019. However, unfortunately, what was supposed to be a world-leading system has been plagued by delays, unclear and poorly defined rules and heretofore a lack of compliance. The system should be in place by the end of this year, but that already puts it a year behind schedule. The registry currently has information on only 46,000 owners with a total of 73,000 properties, which is just a tiny fraction of the 2.2 million titles in British Columbia. Therefore, it is crucial that when we develop our federal beneficial ownership registry, we learn through some of the challenges that British Columbia has had and adopt some of the best practices that we can find from around the world.
The U.K., as one of the first countries to create a publicly accessible beneficial ownership registry, has one of the best systems in the world so far. U.K. companies are required to keep an up-to-date register of people with significant control over it, meaning anyone who holds more than 25% of the shares or voting rights of a company, either directly or indirectly, through another company or trust. Failure to comply with this is a criminal offence, not only for the company but also for the officers of the company. In the wake of Russia's invasion of Ukraine, the U.K. has expanded its register to apply to land ownership to give the government the ability to require identity verification for people who manage, control or just set up companies.
There are uniquely Canadian challenges that we will need to face as we build our own beneficial ownership registry. Unlike the U.K., Canada is a federal system where provinces and territories have jurisdiction over real property and for federally incorporated entities. This covers an enormous number of the entities that we need to have transparency on, so we will need to work with such partners to ensure that we have a national system that works. We have a national registry for money services businesses, regardless of where in Canada they are registered. This system was also created to combat money laundering and is centrally administered by FINTRAC.
There are many forms that this system could take, but what is most important is that the data is standardized to make it easier for law enforcement to analyze, for simplifying regulatory compliance and to minimize the regulatory burden on companies that operate in multiple jurisdictions in Canada. What is most important is that this registry be publicly accessible and free to access. This is important because we know that law enforcement has a limited capacity to monitor the millions of corporate structures in Canada. The public, particularly the press, has the ability to play a role to connect the dots and uncover wrongdoing that can assist in uncovering illegal actions as well.
To give an example of why this is important, I note that B.C.'s land ownership registry was not able to find any property owned by a sanctioned individual. It was only due to leaks that were involved in the Paradise papers that we were able to find a single piece of land in British Columbia, in the riding of the member for Saanich—Gulf Islands, connected to a sanctioned individual. That really shows the value of investigative reporting.
I would like to end by saying the following. We know the impact of financial crime is deep and far-reaching. It is clear that we need to act decisively and think big to mitigate the negative effects of money laundering and tax evasion, and to catch those who are using Canadian property and corporations to transfer, hide and launder their money in Canada. Now is the time to take lessons learned from jurisdictions around the world, calibrate them to the Canadian context and develop a system that will make Canada a leader in preventing financial crime.
Budget 2022 contains the building blocks for a financial system that has more integrity, and I look forward to working with my colleagues from all parties in the House to pass this bill as a first step in getting dirty money out of Canada.
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Madam Speaker, I think my hon. colleague's question speaks directly to the reasons why we need to move ahead on some of these measures. It is one thing to have a list of sanctions and individuals we are going to be sanctioning, but if we do not actually have the tools in place to ensure that we are able to go after the assets in Canada, those sanctions are not going to have significant effect.
In this budget implementation act, we have a number of measures that are going to allow us to do just that on beneficial ownership of companies. We have actions that are happening right across the country, in British Columbia and Manitoba and now Ontario as well. I would encourage the member opposite to talk to some of his colleagues in the provincial government in Alberta to see if they can start moving ahead with some of the measures that we need to have so we can move ahead with the measures that we need to bring in for sanctioned individuals.
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Madam Speaker, I disagree with what the member said about the government not investigating tax havens.
We are going against some of the tax havens that we have here. There are new measures in the budget this year that do just that, including ways in which individuals are using international companies to get around paying taxes in Canada.
There is much more that we need to do. There are ways we can simplify our tax code to do that. Some of the measures I am talking about today will allow us to increase the amount of tax revenue that we can receive by going after some of the ways money is laundered, as well as the ways people are evading taxes through some of these anonymous organizations.
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Madam Speaker, I absolutely agree. In this budget, there is over $2 billion going to Immigration, Refugees and Citizenship Canada to be able to deal with the backlogs. The idea is that by the end of this year, with these investments, we will get back to a normal service standard, as well as introducing new programs, such as an expedited temporary foreign worker program, which I know would be a game-changer for some of the hardest-hit sectors where there are major labour shortages, such as tourism in my riding.
There is a lot here on immigration. Because of the backlogs related to COVID, we have a lot we need to do. With these investments and some of the changes that are being made to expedite the processes, we are going to be able to deal with some of the backlogs that are causing major issues.
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