44th Parl. 1st Sess.
April 28, 2023 10:00AM
Madam Speaker, I rise today to speak to a bill that is of crucial importance to the Quebec and Canadian economies, specifically, Bill C-42, an act to amend the Canada Business Corporations Act and to make consequential and related amendments to other acts.
Bill C-42 was introduced in the House of Commons to modernize the Canada Business Corporations Act and make it more competitive and adapted to the current needs of businesses. The amendments to the act seek to enhance the transparency, responsibility and sustainability of Canadian businesses while ensuring their competitiveness on the international stage.
The bill has several important provisions. First, it introduces an obligation for corporations to declare their real economic interests to enhance transparency and fight money laundering and terrorist financing. This provision will also help prevent corporations from hiding their true ownership behind opaque structures and improve the public's confidence in the integrity of the corporate system.
The bill also brings in a new corporate social and environmental responsibility strategy. Corporations will be held accountable for social, environmental and governance factors in their decisions and their trade action. The purpose of this provision is to encourage businesses to adopt a long-term vision and make a positive contribution to society in addition to generating profits.
My colleague from Joliette, who is also our finance critic, had questions the last time this bill was introduced. His question was the following: If business A belongs to company B, which belongs to corporation C, can we find out who the beneficial owner is? What happens when a business is in another, less co-operative country where information is not automatically shared, like in a tax haven? Will Bill C‑42 allow us to identify the true owner?
This question needs to be answered. Countless reports and investigations on multinational corporate activities indicate that organizational charts and operational structures are not always clear. The takeover of national security sensitive sectors or sectors that might jeopardize our supply chains is a real concern for our party.
The example we are talking about here of a company that is owned by a chain of other companies can create a situation where it is difficult to identify the real owner, particularly if one or more of the companies are located in countries that do not have automatic information-sharing agreements.
For example, I am thinking of two places in particular from a case I was looking at recently, where, at the centre of the company's complex structure were shell companies located in Labuan, a territory of Malaysia, and the British Virgin Islands, two places where strict laws and secrecy prevent the public and foreign courts from accessing information about the real owners of these companies.
The two shell corporations were involved in transactions in France, Brazil and the United States. How are those countries managing this issue right now? Does the existing legislation provide tools for better monitoring and more flexibility in dealing with the challenges of the ongoing technological transition? I hope so.
Although the new provisions of the bill improve the transparency of Canadian companies, they do not necessarily make it possible for Canadian authorities to identify the real owners of Canadian companies owned by entities located in uncooperative countries or tax havens.
In such cases, Canadian authorities may have to rely on other methods to identify beneficial owners, such as requesting information from foreign authorities, using agreements for mutual legal assistance or relying on other sources of information such as media reports or leaked documents. It is therefore important that the teams monitoring and conducting assessments are well equipped.
In February 2020, the Quebec government announced its intention to create a registry of beneficial owners of companies. Bill 78, an act to modernize legislative provisions respecting legal auditing, was introduced in the Quebec National Assembly in June 2020 and passed in December of the same year. Bill 78 contains provisions to create a registry of beneficial owners and make it public.
We could take a closer look at the challenges of setting up such a registry and determine where the various provinces stand on this issue. How will the registry work? I look forward to hearing from officials on this issue.
It is important to note that Canada has a number of information exchange agreements with other countries, including tax information exchange agreements that would allow Canadian authorities to access information from foreign companies operating in Canada.
These agreements have made it easier for Canadian authorities to identify beneficial owners, even in cases where companies are owned by entities located in uncooperative jurisdictions or tax havens. I would really like to have a chance to hear the opinions of experts, as well as some recommendations for conditions that could be considered for the next round of negotiations with certain countries.
The bill also includes amendments to strengthen shareholders' rights. It gives shareholders the right to vote on executive compensation and management succession plans. This provision will ensure greater transparency and accountability to shareholders, while increasing board members' accountability. We are pleased that some of our recommendations caught the attention of the department and have been included in Bill C‑42.
Finally, the bill introduces amendments to facilitate access to capital for Canadian corporations. It simplifies the process for issuing shares and eliminates some existing restrictions, making it easier and more efficient for companies to raise capital. In short, the act to amend the Canada Business Corporations Act and to make consequential and related amendments to other acts is a crucial bill for the future of our economy in Quebec and in Canada.
The proposed amendments aim to strengthen the transparency, accountability and sustainability of Canadian companies, while enhancing their ability to compete internationally. As a member of Parliament, I am certain that this legislation is necessary to protect the interests of Quebeckers and Canadians and to ensure long-term economic growth.
In conclusion, I would like to draw a comparison related to my duties as critic for sport, a field in which good governance has been raised as an issue. Governance and accountability are key factors in sport. Governance refers to the way sport organizations are managed and led, while accountability refers to the way actors involved in sport are held accountable for their actions.
In terms of governance, sport organizations must be managed transparently, effectively and fairly. Decisions must be democratic, and all stakeholders must have a say in the decision-making process. Governance structures must also be accountable to their members and to stakeholders.
Accountability in sports has to do with how those involved are held responsible for their actions. That can include the responsibility of athletes when it comes to fair play and following the rules and the responsibility of coaches and the heads of sports organizations when it comes to keeping players safe and promoting a healthy sports environment.
In the end, good governance and accountability are essential to ensuring the integrity and durability of sports. Sports organizations must be transparent in how they operate, accountable to their stakeholders and held responsible for their actions in order to maintain the trust and respect of fans and sports communities. It is unfortunate that the funding was established without a full understanding of what sports organizations would have to do to demonstrate real change. Obviously, I am thinking here of the government restoring funding to Hockey Canada.
We need to ensure that the intentions of Bill C‑42 live up to expectations, particularly those that will be expressed before the Standing Committee on Industry and Technology.
I therefore call on all members of the House to support this important bill and to work together to pass it as quickly as possible.
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- Apr/28/23 12:04:47 p.m.
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Mr. Speaker, I thank my colleague for his question. As he knows, the minister is in Japan defending the interests of Canadian agriculture. He must be well aware of that, because he is the one who moved the motion to have the Standing Committee on Agriculture and Agri-Food hear from the various stakeholders in the coming days. The Government of Quebec has committed to working with Olymel.
Obviously, Olymel made a business decision and has not yet contacted us about what the solution will be, but, of course, we are prepared to work with the industry to defend the interests of farmers and workers.
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Madam Speaker, it is a pleasure to rise to speak to Bill C-42 today. I think it is very important for us to recognize that, as time goes by, we have had, very much, a heightened sense of awareness on such an important issue. If I reflect back to a number of years ago, very rarely would we hear about the types of situations that are being debated today inside the chamber.
We are very much aware of things, such as the Paradise papers and issues surrounding corporations, the issues surrounding money laundering and so many other issues. Canada and other countries around the world are looking at ways we can deal with the issue of beneficial ownership and the impact it is having. We are looking at a registry and trying to improve the system.
Listening to the many comments today from members across the way, and members within the Liberal caucus, we find that there seems to be fairly widespread support. Yes, I respect that opposition members and others do have questions about the legislation. I suspect that will be the opportunity, once we get into the committee stage, to look at what possibilities there might be to strengthen the legislation.
I have actually been encouraged by the debate thus far on the legislation. I have had the opportunity to ask a few questions, and I would like to be able to highlight a few concerns, in a broad way, that I have.
If I were to respond to the debate today, there are a couple of things that come up. In particular, the NDP made reference to the whole issue of tax fairness and lost revenues. I think that, if we were to canvass Canadians as a whole, we would find that Canadians do not mind paying their taxes, as long as there is a sense of fairness to it.
People want to pay or are prepared to pay their fair share. That is the reason why, if we take a look at it, over the last number of years, virtually since we have been in government, the government has taken a number of actions to build on the fact that Canadians' expectations are that we improve and make the system better for all. I do not know how many times I have had the opportunity to talk about some of the initial initiatives we have taken as a government.
I would like to start off from the particular point that, shortly after being elected, in recognizing Canada's middle class and supporting Canada's middle class, there were a number of tax initiatives taken, as well as actions by the government.
I would like to amplify a couple of those initiatives. The first one that comes to mind, of course, is the tax reduction legislation we brought forward at the beginning of the mandate for the middle class. It was a piece of legislation, very clear, to ensure there is a higher sense of tax fairness by enabling a break for the middle class.
At the same time, if we will recall, there was an additional tax that was put on Canada's wealthiest 1%. That is something we recognize is an issue in tax fairness. We have also seen other budgetary measures.
I mentioned the issue of tax avoidance and those individuals who go out of their way in order to pay their fair share of taxes. This is something that, I would suggest, we can look at through a lens of tax fairness. However, if we are going to be true to our word, we need to properly resource the CRA to go after those individuals, groups or corporations that are trying to avoid paying taxes in questionable ways.
There was a significant amount of money allocated to CRA over a couple of budgets. Prepandemic, we saw an additional investment of hundreds of millions of dollars. Do not quote me on this, but I believe if we were to combine the total investments that the federal government has put in supporting CRA in going after individuals or corporations trying to avoid paying their fair share of taxes, it is likely just over $1 billion. The expectation for CRA is to look at ways to recover money from lost taxes.
The last time I looked, the number of records being looked at was well over 1,000. Pre-2015, it might have been fewer than 100. So we know that CRA is in fact much more proactive today than it has been in the past. Again, from my perspective, it is about looking at ways to ensure that there is a higher sense of tax fairness.
In the recent budget, we have a sense, in terms of taxes, with respect to banks and insurance companies where inappropriately high profits were taken. We have seen taxes being put onto those sectors in the most recent budgets, again, with the goal of ensuring that there is a higher sense of tax fairness.
The member for Elmwood—Transcona also made reference to the whole issue of corporate tax. I noticed that he tried to group the Liberals and the Conservatives together by saying that whether it was Liberals or Conservatives, we believe in giving corporate tax breaks. Yes, there have been corporate tax breaks. I am not one who believes in the trickle-down theory of corporate tax breaks personally, but I would suggest to the member that when the NDP has had the opportunity to govern, particularly in my home province of Manitoba when I was in opposition during NPD Premier Gary Doer's administration, there were corporate tax reductions. I think we have political parties of all stripes that have implemented corporate tax deductions. However, Canadians are very concerned when they hear of that, especially if they are having to pay their taxes when there are all sorts of inflationary demands.
So, if we take a look at the comments I just put on the record, there is a need for Bill C-42.
Bill C-42 is an attempt by the government to do a number of things. It is not only ensuring that there is tax fairness, but also a higher sense of transparency and accountability.
As has been pointed out, money laundering is a very serious issue in Canada, in some provinces more than others. It has caused a great deal of hardship. The best example is likely the one the member across the way mentioned in regard to housing.
We have speculators and people who want to launder money using housing as a tool. Not everyone who invests in housing in Canada is necessarily money laundering. I am not trying to say that, but we do know that money laundering does take place in our residential communities and in the development of condominiums.
The member made reference to Vancouver and British Columbia. We know it goes far beyond any one province. We can talk about what is taking place in Toronto and find that there is laundering and speculation. That does drive up the cost of housing.
With the budgetary measures that we have taken in the past and the budget implementation bills in the past, we have tried to put in some restrictions in order to prevent that foreign ownership, or even put a tax on individuals who are not living in or a resident of Canada, with the idea of having a fairer share of taxation.
The issue with respect to the transparency and accountability of corporations really does kick in here. At the end of the day, when we look at the Canada Business Corporations Act, it is all about the modernization of that legislation to ensure there is a higher sense of corporate transparency and accountability.
From my perspective, if we take a look at the primary tool, we are going to have a registry that is open and public, and quite searchable for ownership information or beneficial ownership. By doing that, I believe there will be a huge difference.
If we look at what the Canada Business Corporations Act does, it enables certificates of compliance, as an example. If a corporation is not in compliance with the legislation, we would have a tool that would ensure that the corporation might not get that certificate. That can have a profound impact on the corporation itself. Without that certificate of compliance, it would have difficulties with things such as loans and suppliers.
At the end of the day, I believe the passage of this, and the establishment of a public, searchable beneficial ownership registry, would ensure there is a lot less money not taken into account, so less money laundering and less money being used in illegitimate forms. For me, that is something we need to recognize within the legislation.
The government has been committed to a robust and effective regime to combat money laundering and terrorist financing to improve the public trust in our corporations. It does not take much for a corporation to fall on the wrong side of the whole issue of money laundering and the impact it has on the corporate community. A vast majority of our corporations are in fact good entities that contribute in many different ways. It is not just jobs. It is all forms of opportunities, community development and so forth. Because of the bad apples that are out there, it does leave a negative stain.
Therefore, when we talk about the legislation trying to minimize issues like money laundering and improving accountability and transparency, a vast majority of corporate stakeholders do not have any problem with this. The consultation that has taken place goes back to 2020, going right into 2022 where there was a great deal of consultation with different stakeholders and interest groups. There were even foreign consultations with other nations.
We want to make sure that we get it right. We appreciate the privacy issues and that has been raised here. With respect to what had taken place in Europe, there was a court decision in regard to the issue of privacy, so we do want to tread carefully on that particular issue. However, it is absolutely critical that we continue to see the legislation move forward because it would make a difference.
There are some provinces that have actually gone further than other provinces. Quebec has passed its legislation and I believe it has been implemented. I am not 100% sure of that. Because in a federal system we have to take into consideration that there are jurisdictional issues, we have to be aware that some provinces still need to do a whole lot more than other provinces. Therefore, taking a pan-Canadian approach to looking at best practices and looking at the legislation that we are bringing forward today would go a long way in ensuring that not only those federally regulated corporations that are registered through the Canada Business Corporations Act but also those in provincial and territorial jurisdictions will have that obligation of ensuring that there is more transparency and accountability.
In looking at the legislation and listening to the comments, I believe I have a fair reflection in terms of many of the comments that were said earlier today. I would encourage members to view the legislation in part in terms of the commitment that has been made to try to get this passed before the end of this year, which is faster than we had initially indicated. However, in order to do that, we look to opposition parties to follow through on some of the words that they have stated today in terms of that tentative principled support that they are providing and allow the legislation to go to committee. I would think that would be a positive thing, given that all parties seem to support the principle of the legislation.
Therefore, I would encourage members to take the issues, as I know they have, of money laundering and of ensuring more accountability and transparency within a very important sector, in the name of making sure that there is a higher sense of tax fairness. Again, that, to me, is what it is all rooted in. Canadians do not mind paying their fair share of taxes and it is very upsetting when they hear of the money laundering that takes place, or of individuals or corporations wanting to get off the hook for paying their fair share of taxes.
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