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Decentralized Democracy

House Hansard - 216

44th Parl. 1st Sess.
June 19, 2023 11:00AM
  • Jun/19/23 7:36:13 p.m.
  • Watch
  • Re: Bill C-42 
Mr. Speaker, money laundering in Canada is a big problem, and it is a very big problem because it has a worth. That worth, as we heard in committee, is $113 billion a year. It is a staggering number. The UN estimated that Canada's has up to 5% of the world's money laundering. Canada has become known, unfortunately, across the world as a place to park dirty money. There is even a name for Canada's ability to hide money. It is called snow washing. I think there are advertisements in some circles. It is theft, plain and simple. While Bill C-42 aims to combat this $113-billion problem, it falls short of combatting the future of money laundering and relies on the provinces to do most of the work. The bill may do some of the work for today, and certainly in this House we can support a lot of that, but there is a lot of work to do as we move forward. I sit on the Standing Committee on Industry and Technology, and we dealt with this very rushed bill. It came through very suddenly. We were talking about how it is tackling things not only today but tomorrow. As we went to the witnesses, we heard how it fails to address the problems of tomorrow and money laundering. Money laundering became very popular after the 2016 release of the Panama papers. The Panama papers revealed trillions of dollars of money laundering, and there were certain lessons we were meant to learn from that. One was that there was a widespread scope. The Panama papers showed a vast scale of global money laundering and tax evasion. They exposed offshore financial activities of individuals and entities from around the world, including politicians, but we will not talk about that today. The Panama papers exposed the use of shell corporations. They exposed the widespread use of shell companies and offshore entities to conceal the true ownership of assets and facilitate money laundering. It was of a cross-border nature. When we looked at how money was being laundered, it was being done across state lines and country lines across the world. The papers also brought attention to the role of professionals, such as lawyers, accountants and financial intermediaries, in facilitating money laundering. In other words, it was widespread. When we talked about this with regard to Bill C-42, there were a couple of lessons the bill probably has taken into account that we can learn from. One is the need for transparency. Another is public awareness and the fact there are shell corporations using their own entities to launder dirty money. We looked at the benefits we wanted to see from this bill in bringing it from committee to Parliament. The Conservative Party stands behind the fact that we need to combat money laundering. When it comes to certain aspects of the future of how money is going to be laundered, including blockchain technologies, the use of AI, decentralized exchanges, privacy enhancing technologies, and smurfing and layering, this bill falls short in addressing those things. Furthermore, many people do not understand that when we look at the way we are going to collect data from these businesses when tackling money laundering, which is through the Canada Business Corporations Act, or the CBCA, it is only on 15% of businesses in Canada, meaning that we will rely on the provinces to do the work for the remaining 85%. If any last holdout province, for instance, does not want to join the registry and all of a sudden we see a certain province's limited partnerships start to skyrocket as other provinces' go down, there is pressure to be put on that particular province: Why do they want to be Canada's last secrecy jurisdiction? This follows what we saw with the U.K. registry, where Scottish limited partnerships dropped by 80%. One way to mine the data once the registry comes online is to look for movement shifts, because of course crooks are going to go where the weakest link is. That is why it has to be a harmonized approach, not just a federal approach. The CBCA governs the incorporation and operation of businesses at the federal level, setting the framework for corporate governance, accountability and transparency. By enforcing strict obligations on corporations, directors and officers to maintain accurate records and disclose information, the CBCA enhances transparency and hinders criminals from exploiting corporate structures for illegal purposes. Additionally, the CBCA empowers regulatory bodies, law enforcement agencies and courts to investigate suspected money laundering activities within corporations. We heard from the RCMP at committee. One of the concerns we had was about how strict the rules are that protect whistle-blowers. We need whistle-blowers to identify where illegal activity is happening. As a small business owner myself, I have about four corporations that govern different parts of my business. Members can understand that without the ability to protect whistle-blowers, it is really easy sometimes for a small business owner to hide money and find different loopholes to hide it. I normally rely on an accountant to do that for me, but there is a reason that Canada has been able to hide $113 billion a year: It has become very easy. One of the main aspects of this is that we have to be able to protect whistle-blowers. We asked questions of the RCMP on whether that is going to happen. This bill was so rushed that it went through committee in only two meetings, which included clause-by-clause and having testimony alongside the clause-by-clause. Some of the experts could not even get back to us, including the RCMP, on how effective this bill would be in protecting whistle-blowers, and that is a big concern. When it comes to the future of money laundering, there was also testimony on the fly during clause-by-clause, with questions that I tried to get witnesses to answer, but the witnesses did not really have the right answers. For cryptocurrencies and blockchain, for instance, criminals may increasingly turn to cryptocurrencies for money laundering purposes. The anonymous nature of certain cryptocurrencies and the decentralized nature of blockchain technology can make it more challenging to trace and monitor transactions. We saw that in a study we finished on blockchain technology. Blockchain is really good for Canada and good for the future. We employ 16,000 employees in blockchain, and it is worth over $2 billion. However, as we have seen blockchain for good, there is also blockchain for bad. This is certainly one aspect in the future where criminals will try to hide and launder money, and this bill would do nothing to address that. When we talk about decentralized exchanges, criminals might explore those exchanges to launder money. DEXs, as they are called, operate on blockchain technology and facilitate peer-to-peer transactions without centralized oversight, making it more difficult for authorities to track and identify suspicious activities. We just had an incredible blockchain study, but at the same time as this bill would not address the criminal element of blockchain technology, we are not looking at the good. That is something the government is not embracing. Most times, it would rather slag cryptocurrencies and blockchain as a whole, even though we should be looking at deregulation and ensure they are part of money laundering bills. On privacy-enhancing technologies, criminals may utilize emerging privacy-enhancing technologies that aim to provide increased anonymity and obfuscation of transactions. Those technologies could make it harder for authorities to trace the origins and destinations of funds involved in money laundering. Smurfing and layering involves breaking down large amounts of money into smaller, less conspicuous transactions. That brings me to an amendment we brought forward that was turned down by the government. Instead of looking at ownership that was only 25% or higher, it should go as low as 10%. The technologies of the future are going to allow companies to hide more money easily, and 10% is something that we found should have been easily amended in this bill and was not. It is important to address the potential regulatory gaps and weaknesses and make sure that this bill addresses the system that criminals may wish to exploit. As regulations evolve, criminals may identify new vulnerabilities or target regions with less robust anti-money laundering frameworks. Strengthening international co-operation and collaboration among governments and financial institutions is crucial to countering the global nature of money laundering effectively. The Conservatives can support this bill. This bill would address the $113-billion problem. We just wish it was not so rushed. We wish that we had been able to address some of the amendments that went further. What the bill would not address is the future of money laundering, which will include blockchain and advanced technologies. This bill would just address today and would not address tomorrow. I know that a Conservative government, which will be in power in the next few years, will be able to address that. I look forward to contributing to it to make sure that we bring down the $113-billion theft of Canadian money and work toward a better future where we have less snow washing in Canada.
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Mr. Speaker, I am happy to talk about the beaches of Bay of Quinte. Sandbanks is the largest freshwater sandbar in all the world. We welcome well over a million visitors a year, and everyone is welcome. Some of us wish we were there today. The bill deserves the attention that we are trying to give it, as rushed as it is. We need to spend time on a lot of different bills right now. We are dealing with Bill C-34 and are waiting for Bill C-27. The reality is that there is a lot of important legislation that we need to get through, and we need to spend the ample amount of time that these bills deserve to have spent on them. As I have mentioned, we certainly would have liked to see a few more amendments studied. We wanted to see the future of money laundering studied and not just to catch up to today. There is a lot of great work to happen ahead, and as soon as we are done with the beaches and it gets a little colder, we will see everyone back here in Parliament so we can keep working on behalf of Canadians.
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  • Jun/19/23 7:49:09 p.m.
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Mr. Speaker, there is a lot of great work my hon. colleague and I do, and I have a lot of respect for him. He does a lot of great work at the INDU committee, and I am happy to work with him. There is a $113-billion question for money laundering, and my colleague and I are on the same page when it comes to blockchain technologies. As I mentioned in my speech, we finished that report. When it comes to blockchain, it is tremendous for Canada, because it is about a $2-billion industry, with 16,000 jobs. With the companies and the work being done here in Canada, Canada right now, in the meantime, is considered a world leader. From there, we need bills that tackle the regulation of those industries so we can become and continue to be a leader. We also need to tackle money laundering problems that exist with cryptocurrencies and blockchain itself. The member is right that we need a separate bill that takes up the work we completed over eight or nine meetings at the industry committee on blockchain to ensure that cryptocurrencies and blockchain are used for good in Canada. Canada can be a world leader in this. We can take the examples that have been brought to committee and make sure that Canada benefits the most from them. I know that my colleague and I would be happy to work further on that together at the INDU committee as we continue it.
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