44th Parl. 1st Sess.
April 28, 2023 10:00AM
- Apr/28/23 10:14:27 a.m.
- Watch
Madam Speaker, we know that the federal registry is not enough to fight money laundering because most small and medium-sized businesses in Canada are regulated by the individual provinces and territories.
Does my Bloc Québécois colleague think that the Government of Quebec could enter into an agreement with the federal government to improve the federal level's capacity to fight money laundering while respecting Quebec's jurisdictions?
72 words
- Hear!
- Rabble!
- add
- star_border
- share
- Apr/28/23 10:15:05 a.m.
- Watch
Madam Speaker, I thank my hon. colleague for his question, which he asked in excellent French. I really appreciate that.
In my opinion, what we are seeing in this bill is a possible harmonization with the provinces. It seems to be respectful of the rights of the provinces. For example, Quebec has had its own registry for a month now. This will require collaboration and information sharing, as with all countries around the world, but things seem to be on the right track. Obviously, we must always do more to fight against money laundering, and our job is to remain vigilant to ensure that everything works well and that we can do more.
113 words
- Hear!
- Rabble!
- add
- star_border
- share
- Apr/28/23 10:58:10 a.m.
- Watch
Madam Speaker, I apologize.
The price of a home under the Liberals has doubled, and many Canadians have entirely given up on the dream of home ownership. Most young people now believe that owning a home is unachievable. Even if the money-laundering problem is adequately combatted by the passing of this bill, it is years too late. Therefore, it is not enough to stop the snow-washing in our housing market that is escalating costs for Canadians.
I have concerns about the bill; not only does it exclude real estate in the scope, even though we know that this is a major place for money laundering to happen, but it also covers only federally regulated businesses. Many business owners are provincially regulated, so if the provinces do not come on board, then there are many ways that this could slip through the cracks.
In terms of amendments, Conservatives would like to see amendments to protect privacy rights in the registry. We also want the registry to achieve the government's stated goal and have the capacity to do so. Will the bill give law enforcement enough necessary tools to capably combat money laundering and terrorist financing?
Conservatives have some recommendations. The new and existing penalties for violating reporting requirements under the CBCA should be strengthened, corporations should be held accountable as individuals, and if the act is violated, there needs to be clarification on who can and cannot be exempted from the regulations.
This bill is a critical update to our laws, and I look forward to seeing it at committee, where we can make amendments to improve the bill and eliminate money laundering in Canada.
277 words
- Hear!
- Rabble!
- add
- star_border
- share
Madam Speaker, it is my honour today to rise in the House to talk about Bill C-42. “Money laundering” is the short description. Canadians would be surprised to know that, aside from the soft reputation our country has on the international scene, Canada is increasingly known as a popular safe haven for criminals to launder and hide their money.
In 2022, Canada ranked 14th on Transparency International's corruption perceptions index, with a score of 74 out of 100. Canadians would be in their right minds to ask why our country's score is not higher, especially since this problem with lack of transparency has been known for a long time, for the past seven years, to be exact.
People will remember that, in 2016, the Panama papers leak exposed the fact that international criminals had been exploiting the gaps in Canada's corporate beneficial ownership regulatory scheme to engage in corrupt conduct through federally, provincially and territorially administered corporations.
That same year, the Financial Action Task Force, which acts as the world's international money-laundering watchdog, warned Canada that it was being used as a safe haven for money laundering and that a registry was needed to help identify and crack down on this activity. However, since then, under the current government, Canada has been slow to act, and when it did, it failed to go far enough. It took until 2018 for the Liberal government to begin introducing requirements to increase transparency around who exerts significant control over corporations and assets in this country. In 2021, the Financial Action Task Force indicated that Canada had made improvements but remained only partially compliant in five areas and wholly non-compliant in one. Laundered money was still able to find its way into our country with no questions asked.
Now, here we are in 2023, introducing measures that are long overdue to tackle a problem that should have been dealt with years ago by the government. Unfortunately for Canadians, while the Liberals were in no hurry to tackle the issue of money laundering throughout all those years, it has had a very real and devastating impact on a sector of our economy that affects everyone, one that keeps being mentioned extensively as of late. I am referring to the housing market.
Since the government took office, the price of a home in Canada has doubled, leaving citizens across the country to give up on the dream of home ownership. The situation is dire: Seven in 10 Canadians now believe owning a home is financially reserved for those who are wealthy. Part of this phenomenon of housing growing increasingly out of reach for Canadians is explained by criminals using real estate as a vehicle to launder their money in Canada. This is enabled by the fact that Canada's anti-money-laundering compliance regime is itself least compliant with international standards, when it comes to supervising real estate agents and identifying the buyers of property. For young Canadians looking to start a home and a family, this pushes prices up and puts their dreams of home ownership farther out of reach. Why is this? It is partly because they have to compete against criminals who wish to use real estate to hide their dirty money. It is supply and demand.
The situation is especially problematic in British Columbia. In 2018, the province launched the expert panel on money laundering in real estate. That panel estimated that, in B.C. alone, more than $7 billion in dirty money was laundered across the economy in 2018, and that up to $5.3 billion of that money was laundered through the real estate market, raising housing prices by an estimated 5%. It is no secret that housing is exceptionally unaffordable in cities like Vancouver, and criminal activity plays a non-negligible part in aggravating the situation.
The situation is so dire that the number of British Columbians moving to Alberta reached a 20-year high in 2021-22, and for most, the main reason was affordability. Alberta is proud of its strong economy. It is one that welcomes Canadians from across the country with open arms and offers opportunity and affordability to its citizens. However, due to the Liberals' weak approach to money laundering in Canada, the problem that plagued British Columbians is now following them across the Rocky Mountains. Calgary, the city I represent here in Parliament, is now also being used as a hub for the criminal network of money-laundering groups that has grown across Canada under the current government.
I knocked on a lot of doors during elections in Calgary Centre, and I knock on doors between elections. When I go into the large condos that have recently been developed, sometimes I will find a condo where half of the units are empty. Nobody lives there, yet they are all sold. There has been a lot of construction in Calgary, with a lot of vacant suites, yet there is no one living in these buildings. It is quite clear that it was foreign owners who bought those properties. Whether it is legitimate foreign ownership because people are actually moving their money out of where they live and want to make sure they have some safety elsewhere, or whether it is connected with the criminal element that has also increased the illicit activity of drug addiction in Calgary, is another question entirely. It is a mix between the two. That is something we need to address here, going forward.
My constituents are particularly concerned about it because of the effects it has across society, not just on the housing market; housing is only one part of the problem. The broader issue at hand is the fundamental question of who owns what in this country. Are Canadian assets held by hard-working and law-abiding Canadians or by criminals using them as a means to engage in offshore money laundering? As someone who worked in the financial industry for decades, I understand the importance of transparency and accountability, two things that are currently lacking when it comes to the ownership of assets in this country.
In last year’s budget, the government committed to finally implementing a national public registry by the end of 2023, ahead of the previously committed year, 2025, but this acceleration of the timeline in the Liberal agenda was not prompted by the housing affordability crisis and its heart-wrenching impact on Canadians. Rather, it was the public concern about the misuse of nominee and corporate ownership by Russian oligarchs that led to the acceleration of this timeline.
That is why I support this bill, but I also believe that it should be more ambitious in its reach right now, as opposed to when the next international crisis forces the government to act. The fact remains that we are perceived internationally as having weak laws to combat money laundering and the proceeds of crime. Our Five Eyes partners see us as a laggard on corporate transparency. This is why Conservatives not only support the additional measures being introduced by Bill C-42 but also call on the government to do a number of things.
I will interject here and talk about my experience. I acted in the financial industry for years. I actually represented a number of investors who had their money laundered through a bunch of different vehicles. That was a manipulation of the legal process by several parties involved. This happens all the time in Canada. The laws are set out now. I know that since 9/11 in 2001, the government tried to get more transparency through the legal mechanisms, the legal profession, to try to make sure they disclosed when they had transactions of $10,000 or more coming into their accounts. That was overturned by the Supreme Court of Canada in 2015. It ruled that, in fact, lawyers had the right to withhold that information from governments. What I have seen personally is that those lawyers give good advice on how to launder money through accounts in Canada, whether it is offshore accounts or whether it is Canadian “quasi-criminals”. It is hard to call them criminals until they have actually been convicted. That is the direct experience I have had.
There are things we need to do. Of course, we need to change the offences outlined in the bill and the existing offences under the Canada Business Corporations Act from summary convictions to Criminal Code offences, which would then rank money laundering on par with the most serious offences under the Criminal Code in Canada, as it should be. We also need to change the threshold for significant interest at which disclosure is required, from 25% control of shares to 10%. That is a threshold already used by the Ontario Securities Commission for public disclosure requirements. Reducing the currently suggested threshold would further reduce the ability of criminals to hide their activities.
We need to clarify the degree of back-end access to the registry of law enforcement, in relation to the proceeds of crime and money laundering. Under the bill right now, in its current form, law enforcement, as well as the Financial Transactions and Reports Analysis Centre, or FINTRAC, would require an affidavit to access all of the information contained in the registry.
1560 words
- Hear!
- Rabble!
- add
- star_border
- share
- Apr/28/23 12:28:00 p.m.
- Watch
Mr. Speaker, I will not address the Broadcasting Act, because I am not sure that should be covered here or should be covered in a different bill, but I will address what the member talked about regarding lawyers' trust accounts. Lawyers' trust accounts are not held to the same standard as financial transactions. I remember that, in the financial industry, if $10,000 in cash came into one's account, one had to report that to FINTRAC authorities immediately. If one was at a brokerage, $1,000 of cash was actually the hurdle. Money laundering actually happens at places like currency exchanges, where people walk in with a thousand bucks and will exchange $999 and effectively do it that way. We do need to include the trust from lawyers in here. We will watch them fight it again in the Supreme Court, but making sure we bring them under the umbrella of what is acceptable for money-laundering mechanisms in Canada is very important.
164 words
- Hear!
- Rabble!
- add
- star_border
- share
- Apr/28/23 12:30:00 p.m.
- Watch
Mr. Speaker, I thank my colleague for his good question.
He is right. The CRA's weakness internationally is appalling. Every other country in the world says that it has recovered more “dirty money”, as it is called, from the money laundering that is done in countries like Panama.
I am sure that the Canada Revenue Agency should be producing better results.
64 words
- Hear!
- Rabble!
- add
- star_border
- share
- Apr/28/23 12:30:45 p.m.
- Watch
Mr. Speaker, I agree with the hon. member on the need to combat money laundering and tax evasion. On the disclosure norms, I think he mentioned the threshold of 10%. He seems to agree with that. My concern is this. Why should we have any threshold of any percentage before the names of the shareholders are made public? It is very easy to work around this owner threshold.
68 words
- Hear!
- Rabble!
- add
- star_border
- share
- Apr/28/23 12:45:02 p.m.
- Watch
Mr. Speaker, on the issue of money laundering, the impact on housing has been significant. In fact, in British Columbia, it has been indicated that it has contributed to inflating the cost of housing as much as 5%.
With this piece of legislation, could the member advise whether or not it would be effective in addressing the issue particularly on the land registry perspective?
64 words
- Hear!
- Rabble!
- add
- star_border
- share
- Apr/28/23 12:55:49 p.m.
- Watch
Madam Speaker, one of the concerns I have with the bill is the ability of law enforcement agencies in Canada to use the information in a correct way to go after money launderers and those who would be committing crimes under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act.
I was pleased to see that the member for Richmond Hill referenced the Cullen commission in British Columbia. I wonder if the Liberals would be open to exploring at committee stage further clarifications as to the power of law enforcement to use this tool to get to the root of the criminals who are undertaking money laundering in Canada, denigrating our institutions, and as a result, Canadians losing faith in the ability of our law enforcement to combat these kinds of crimes.
133 words
- Hear!
- Rabble!
- add
- star_border
- share
- Apr/28/23 12:56:42 p.m.
- Watch
Madam Speaker, we are looking forward to getting this bill to committee where we can explore all the opportunities available to us to further strengthen it. Any measures, tools, regulations or legislation that help our law enforcement officers to identify the criminals and people who are money laundering, using the values of the Canadian people in a very negative way, need to be addressed. They need to be empowered.
69 words
- Hear!
- Rabble!
- add
- star_border
- share
- Apr/28/23 12:57:21 p.m.
- Watch
Madam Speaker, the issue around how money laundering is impacting real estate is very significant. In fact, a special panel did a review on this in British Columbia, and one of its top recommendations was to have a beneficial ownership of land registries across the country. B.C. did that, and I believe we need to do that, given the housing crisis we are faced with. The conservative estimate on the impacts of money laundering on real estate in British Columbia is at least a 5% hit with respect to the cost to housing.
I have previously asked this question. It appears the government members do not think this is incorporated into the bill. My question for the member is this: Does he feel this should be incorporated into the bill to ensure that we also tackle money laundering through real estate?
142 words
- Hear!
- Rabble!
- add
- star_border
- share
- Apr/28/23 12:58:20 p.m.
- Watch
Madam Speaker, indeed, we need to make sure that we tackle money laundering through real estate.
I believe that, if the real estate is purchased through corporations, the current bill would be able to assist, but I strongly suggest that we introduce a land registry with a clear indication of who the beneficiaries are, because that in itself is a tool to flip real estate and further assist in the laundering of money.
73 words
- Hear!
- Rabble!
- add
- star_border
- share
Madam Speaker, overall, as the member for Winnipeg North summarized, we have been having a pretty comprehensive debate on Bill C-42. There have been suggested amendments from each party, with broad unanimity that we need to take further action to combat money laundering in Canada and its impact on the housing market. I was particularly pleased that a number of members on all sides raised the Cullen commission and the impact crimes are having, especially on British Columbia.
The future public beneficial registry will be a tool to combat the use of illicit funds in our economy. Is the Liberal Party open to providing further clarification as to the extent of the power of law enforcement to use it? What other tools can we give our law enforcement agencies to make sure that money laundering is finally combatted in the way Canadians expect us to do?
147 words
- Hear!
- Rabble!
- add
- star_border
- share
- Apr/28/23 1:20:16 p.m.
- Watch
Madam Speaker, I recognize that the member of Parliament represents an area in British Columbia. Nowhere in Canada have we seen the issue of money laundering raised and brought to our attention more than in British Columbia. It has been raised through the media, showing the complexities of the problems resulting from money laundering. There are very strong criminal and tax avoidance elements to it. It is an issue that is very upsetting for Canadians, because it is about tax fairness. Canadians expect that the government is going to do what it can in order to resolve the issues. I say that pre-emptively to indicate to the member that it is really important for Ottawa to continue to work with the Province of British Columbia and look at joint ways in which we can deal with that very serious issue.
141 words
- Hear!
- Rabble!
- add
- star_border
- share
- menumenu
- notificationsnotifications
- home
- mailmail
- searchsearch
