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How do we follow the money? Canadian real estate gets ‘abysmal’ anti-money laundering grades

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An internal report from Canada’s anti-money laundering watchdog found nearly half of the real estate companies audited weren’t complying with key areas of the country’s anti-money laundering regime and experts warn these “serious gaps” can hurt criminal investigations.

The report prepared by the Financial Transactions and Reports Analysis Centre of Canada (FinTRAC) for Finance Minister Bill Morneau included an audit of 172 real estate companies, brokers and developers in 2017-18.

As B.C. cracks down on money laundering, Ontario casinos risk becoming ground zero

FinTRAC found a 52 per cent compliance rate when it came to training employees to detect money laundering or suspicious transactions and 53 per cent in the area of client identification – a requirement for real estate agents to verify a person’s identity.

“There is still a misunderstanding across the sector as to how the real estate sector can be used for money laundering and terrorism financing,” read the document obtained by Global News under access to information laws.

FinTRAC’s on-site examinations targeted large brokerages in Vancouver, B.C.’s Lower Mainland, the Greater Toronto Area and Montreal. B.C. has launched an inquiry into how money laundering distorted housing prices in the province and fuelled the opioid crisis.

Matt McGuire, a former intelligence officer for FinTRAC, called the compliance rates “abysmal.”

“It’s a significant non-compliance rate,” said McGuire. “How can you expect agents and brokers to detect suspicious transactions if they don’t know what they’re looking for?”

 

When it comes to identifying clients, real estate brokers are required to record simple details to confirm a person’s identity, like information on a driver’s licence, according to McGuire.

I can forgive somebody not being able to pick out a suspicious transaction on a real estate deal, given a limited fact scenario, but I can’t forgive the sloppiness of not identifying somebody with a very simple set of rules.

“How are we supposed to follow the money if we don’t know who is involved?”

 

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Laws against money laundering and terrorist financing require sectors – like banking, casinos and real estate – to identify their clients, keep records and report large cash deals and other suspicious transactions to the federal government.

 

FinTRAC warned that the real-estate sector “still has one of the lowest reporting levels” among sectors, but did not offer detailed numbers.

McGuire said Canadian real estate has been “extensively exploited” by the problem of money laundering and all financial sectors need to fight against it.

“It’s important in the first line of defence, the people actually interacting with those who are buying and selling property, pay attention to the potential for suspicious indicators that there might be crime behind the transactions.”

The report did find the sector performed well in two other areas, including 100 per cent of companies fulfilling the requirement to have an anti-money laundering compliance officer and a 95 per cent pass rate with third-party determination – identifying a person or entity who instructs another person to conduct a financial transaction on their behalf.

McGuire said the 100 per cent compliance rate is misleading, as firms are graded solely on whether a person is identified by the company as a compliance officer.

“I can point and if somebody puts up their hand in the room, you have a compliance officer. One hundred per cent pass,” he said. “There’s no measure of how good you are or how well you know the requirements.”

The report followed previous years of FinTRAC data from 2012-16 that showed more than 800 real estate companies had “significant” or “very significant” deficiencies with the anti-money laundering and anti-terrorist financing controls.

Renée Bercier, a spokesperson for FinTRAC, said the real estate sector performed well in some areas, but needed to improve in the areas of training and identifying clients.

“What FINTRAC has found more generally in the real estate sector is that the level of compliance knowledge and resources varies across the sector and is often a function of an entity’s size, capacity and access to resources,” Bercier said in an emailed statement.

Bercier noted that not all 172 examinations assessed training or client identification.

“In order to address these issues, FINTRAC is working with real estate entities and the Canadian Real Estate Association to increase this sector’s understanding of their obligations under [anti-money laundering laws],” Bercier said.

The agency noted that over $172 million was allotted in the 2019 budget for the RCMP, CRA and FinTRAC to help crack down on financial crimes.

Warnings for Ontario and elsewhere


The CN Tower can be seen in the Toronto skyline in Toronto, Ontario. THE CANADIAN PRESS/Cole Burston


THE CANADIAN PRESS/Cole Burston

Criminals using Canada’s hot housing markets of Vancouver, Toronto and Montreal to launder illicit cash have grabbed headlines across the country.

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“The more criminal money there is, the more demand there is for property, the higher the prices go,” McGuire said. “That can impact the accessibility of housing.”

Global News first reported on a secret police study in 2018 that roughly $1 billion was laundered through B.C.’s real estate market in 2016 in homes valued above $3 million. Police did not study the non-luxury home market, but believe there is significant money laundering in lower-valued homes as well.

A subsequent report from a panel of B.C. experts on the issue estimated that the problem of money laundering in Canada’s real estate sector was roughly $46.7 billion.

 

Denis Meunier, the former deputy director of financial intelligence at FinTRAC from 2008 to 2011, said the real-estate industry needs better training and more accurate record-keeping to help federal agencies tackle the billion-dollar problem.

“These requirements that haven’t been met are serious gaps,” he told Global News. “You’re supposed to find out if the person in front of me are ‘they doing business on behalf of someone else?”

Meunier said FinTRAC findings were particularly galling as real-estate brokers and firms had low compliance rates when it came to identifying clients.

“It’s not encouraging,” he said. “You’re looking at about half of the population that isn’t meeting the requirements.”

Canada is a great place to launder money because of our lack of ownership transparency, according to experts.

Houses or condos can act as a kind of bank account for criminals, as they can park large amounts of illicit cash by buying up real estate and hide the purchases behind numbered corporations or shell companies located in offshore tax havens.

Meunier said client identification records can help guide investigators looking into organized crime.

“If you’re not recording, you’re not providing the right kind of information so that records are available when criminal investigations are conducted in [real time].”

Calls for change

Tim Hudak, president of the Ontario Real Estate Association, said he was “very nervous” that Toronto’s housing market could see an influx of dirty cash as B.C. regulators crack down.

“I’m very nervous that the Greater Toronto area will become the epicentre for dirty money in Western democracies,” Hudak told Global News. “For some reason, Canada still seems to be in a bit of the dark ages when it allows drug dealers to hide behind numbered companies and snap up real estate.”

 

B.C. announced Canada’s first beneficial ownership registry set to begin in May 2020, aimed at ending the use of trusts, corporations or partnerships to hide transactions from public view. The province has also made a new anti-money laundering course mandatory for all real estate agents.

Hudak has been calling on Premier Doug Ford’s government to adopt a beneficial ownership registry with harsh penalties for those who break the law. He also supported calls for anti-money mandatory training for people working in real-estate.

“If B.C. closes their door to the flood of laundered money, guess where it’s all going to go? The province of Ontario,” Hudak said.

 

A spokesperson for Ontario Finance Minister Rod Philips said the province would not commit to its own registry but said it was in “consultations” on the issue with Ottawa and other provinces.

“The government is also engaging in various actions to address money laundering including collecting certain beneficial ownership information under the Land Transfer Tax Act and working proactively to assist the Canada Revenue Agency in addressing non-compliance in the real estate sector,” Scott Blodgett said in an email.

Quebec’s finance minister said the government held a “public consultation a few weeks ago” on corporate transparency and is currently under analysis.

“We are also working on reinforcing enacting stricter rules against tax evasion and are looking into giving more powers to Revenu Québec to reinforce transparency,” spokesperson Fanny Beaudry-Campeau said.

 

For Hudak, tackling the issue of money laundering makes the housing markets in major cities a more even playing field.

“Our concern is that a young couple who’ve been scraping every dime together to finally find a place to call their own is left on the sidelines while some drug dealer’s niece snaps up that property.”

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Here are some facts about British Columbia’s housing market

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Housing affordability is a key issue in the provincial election campaign in British Columbia, particularly in major centres.

Here are some statistics about housing in B.C. from the Canada Mortgage and Housing Corporation’s 2024 Rental Market Report, issued in January, and the B.C. Real Estate Association’s August 2024 report.

Average residential home price in B.C.: $938,500

Average price in greater Vancouver (2024 year to date): $1,304,438

Average price in greater Victoria (2024 year to date): $979,103

Average price in the Okanagan (2024 year to date): $748,015

Average two-bedroom purpose-built rental in Vancouver: $2,181

Average two-bedroom purpose-built rental in Victoria: $1,839

Average two-bedroom purpose-built rental in Canada: $1,359

Rental vacancy rate in Vancouver: 0.9 per cent

How much more do new renters in Vancouver pay compared with renters who have occupied their home for at least a year: 27 per cent

This report by The Canadian Press was first published Oct. 17, 2024.

The Canadian Press. All rights reserved.

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B.C. voters face atmospheric river with heavy rain, high winds on election day

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VANCOUVER – Voters along the south coast of British Columbia who have not cast their ballots yet will have to contend with heavy rain and high winds from an incoming atmospheric river weather system on election day.

Environment Canada says the weather system will bring prolonged heavy rain to Metro Vancouver, the Sunshine Coast, Fraser Valley, Howe Sound, Whistler and Vancouver Island starting Friday.

The agency says strong winds with gusts up to 80 kilometres an hour will also develop on Saturday — the day thousands are expected to go to the polls across B.C. — in parts of Vancouver Island and Metro Vancouver.

Wednesday was the last day for advance voting, which started on Oct. 10.

More than 180,000 voters cast their votes Wednesday — the most ever on an advance voting day in B.C., beating the record set just days earlier on Oct. 10 of more than 170,000 votes.

Environment Canada says voters in the area of the atmospheric river can expect around 70 millimetres of precipitation generally and up to 100 millimetres along the coastal mountains, while parts of Vancouver Island could see as much as 200 millimetres of rainfall for the weekend.

An atmospheric river system in November 2021 created severe flooding and landslides that at one point severed most rail links between Vancouver’s port and the rest of Canada while inundating communities in the Fraser Valley and B.C. Interior.

This report by The Canadian Press was first published Oct. 17, 2024.

The Canadian Press. All rights reserved.

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No shortage when it comes to B.C. housing policies, as Eby, Rustad offer clear choice

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British Columbia voters face no shortage of policies when it comes to tackling the province’s housing woes in the run-up to Saturday’s election, with a clear choice for the next government’s approach.

David Eby’s New Democrats say the housing market on its own will not deliver the homes people need, while B.C. Conservative Leader John Rustad saysgovernment is part of the problem and B.C. needs to “unleash” the potential of the private sector.

But Andy Yan, director of the City Program at Simon Fraser University, said the “punchline” was that neither would have a hand in regulating interest rates, the “giant X-factor” in housing affordability.

“The one policy that controls it all just happens to be a policy that the province, whoever wins, has absolutely no control over,” said Yan, who made a name for himself scrutinizing B.C.’s chronic affordability problems.

Some metrics have shown those problems easing, with Eby pointing to what he said was a seven per cent drop in rent prices in Vancouver.

But Statistics Canada says 2021 census data shows that 25.5 per cent of B.C. households were paying at least 30 per cent of their income on shelter costs, the worst for any province or territory.

Yan said government had “access to a few levers” aimed at boosting housing affordability, and Eby has been pulling several.

Yet a host of other factors are at play, rates in particular, Yan said.

“This is what makes housing so frustrating, right? It takes time. It takes decades through which solutions and policies play out,” Yan said.

Rustad, meanwhile, is running on a “deregulation” platform.

He has pledged to scrap key NDP housing initiatives, including the speculation and vacancy tax, restrictions on short-term rentals,and legislation aimed at boosting small-scale density in single-family neighbourhoods.

Green Leader Sonia Furstenau, meanwhile, says “commodification” of housing by large investors is a major factor driving up costs, and her party would prioritize people most vulnerable in the housing market.

Yan said it was too soon to fully assess the impact of the NDP government’s housing measures, but there was a risk housing challenges could get worse if certain safeguards were removed, such as policies that preserve existing rental homes.

If interest rates were to drop, spurring a surge of redevelopment, Yan said the new homes with higher rents could wipe the older, cheaper units off the map.

“There is this element of change and redevelopment that needs to occur as a city grows, yet the loss of that stock is part of really, the ongoing challenges,” Yan said.

Given the external forces buffeting the housing market, Yan said the question before voters this month was more about “narrative” than numbers.

“Who do you believe will deliver a better tomorrow?”

Yan said the market has limits, and governments play an important role in providing safeguards for those most vulnerable.

The market “won’t by itself deal with their housing needs,” Yan said, especially given what he described as B.C.’s “30-year deficit of non-market housing.”

IS HOUSING THE ‘GOVERNMENT’S JOB’?

Craig Jones, associate director of the Housing Research Collaborative at the University of British Columbia, echoed Yan, saying people are in “housing distress” and in urgent need of help in the form of social or non-market housing.

“The amount of housing that it’s going to take through straight-up supply to arrive at affordability, it’s more than the system can actually produce,” he said.

Among the three leaders, Yan said it was Furstenau who had focused on the role of the “financialization” of housing, or large investors using housing for profit.

“It really squeezes renters,” he said of the trend. “It captures those units that would ordinarily become affordable and moves (them) into an investment product.”

The Greens’ platform includes a pledge to advocate for federal legislation banning the sale of residential units toreal estate investment trusts, known as REITs.

The party has also proposed a two per cent tax on homes valued at $3 million or higher, while committing $1.5 billion to build 26,000 non-market units each year.

Eby’s NDP government has enacted a suite of policies aimed at speeding up the development and availability of middle-income housing and affordable rentals.

They include the Rental Protection Fund, which Jones described as a “cutting-edge” policy. The $500-million fund enables non-profit organizations to purchase and manage existing rental buildings with the goal of preserving their affordability.

Another flagship NDP housing initiative, dubbed BC Builds, uses $2 billion in government financingto offer low-interest loans for the development of rental buildings on low-cost, underutilized land. Under the program, operators must offer at least 20 per cent of their units at 20 per cent below the market value.

Ravi Kahlon, the NDP candidate for Delta North who serves as Eby’s housing minister,said BC Builds was designed to navigate “huge headwinds” in housing development, including high interest rates, global inflation and the cost of land.

Boosting supply is one piece of the larger housing puzzle, Kahlon said in an interview before the start of the election campaign.

“We also need governments to invest and … come up with innovative programs to be able to get more affordability than the market can deliver,” he said.

The NDP is also pledging to help more middle-class, first-time buyers into the housing market with a plan to finance 40 per cent of the price on certain projects, with the money repayable as a loan and carrying an interest rate of 1.5 per cent. The government’s contribution would have to be repaid upon resale, plus 40 per cent of any increase in value.

The Canadian Press reached out several times requesting a housing-focused interview with Rustad or another Conservative representative, but received no followup.

At a press conference officially launching the Conservatives’ campaign, Rustad said Eby “seems to think that (housing) is government’s job.”

A key element of the Conservatives’ housing plans is a provincial tax exemption dubbed the “Rustad Rebate.” It would start in 2026 with residents able to deduct up to $1,500 per month for rent and mortgage costs, increasing to $3,000 in 2029.

Rustad also wants Ottawa to reintroduce a 1970s federal program that offered tax incentives to spur multi-unit residential building construction.

“It’s critical to bring that back and get the rental stock that we need built,” Rustad said of the so-called MURB program during the recent televised leaders’ debate.

Rustad also wants to axe B.C.’s speculation and vacancy tax, which Eby says has added 20,000 units to the long-term rental market, and repeal rules restricting short-term rentals on platforms such as Airbnb and Vrbo to an operator’s principal residence or one secondary suite.

“(First) of all it was foreigners, and then it was speculators, and then it was vacant properties, and then it was Airbnbs, instead of pointing at the real problem, which is government, and government is getting in the way,” Rustad said during the televised leaders’ debate.

Rustad has also promised to speed up approvals for rezoning and development applications, and to step in if a city fails to meet the six-month target.

Eby’s approach to clearing zoning and regulatory hurdles includes legislation passed last fall that requires municipalities with more than 5,000 residents to allow small-scale, multi-unit housing on lots previously zoned for single family homes.

The New Democrats have also recently announced a series of free, standardized building designs and a plan to fast-track prefabricated homes in the province.

A statement from B.C.’s Housing Ministry said more than 90 per cent of 188 local governments had adopted the New Democrats’ small-scale, multi-unit housing legislation as of last month, while 21 had received extensions allowing more time.

Rustad has pledged to repeal that law too, describing Eby’s approach as “authoritarian.”

The Greens are meanwhile pledging to spend $650 million in annual infrastructure funding for communities, increase subsidies for elderly renters, and bring in vacancy control measures to prevent landlords from drastically raising rents for new tenants.

Yan likened the Oct. 19 election to a “referendum about the course that David Eby has set” for housing, with Rustad “offering a completely different direction.”

Regardless of which party and leader emerges victorious, Yan said B.C.’s next government will be working against the clock, as well as cost pressures.

Yan said failing to deliver affordable homes for everyone, particularly people living on B.C. streets and young, working families, came at a cost to the whole province.

“It diminishes us as a society, but then also as an economy.”

This report by The Canadian Press was first published Oct. 17, 2024.

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