An Act to amend the Canada Elections Act (verification of residence)

This bill was last introduced in the 39th Parliament, 2nd Session, which ended in September 2008.

Sponsor

Peter Van Loan  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Canada Elections Act to allow an elector or voucher who provides a piece of identification that does not prove his or her residence to use that piece of identification to prove his or her residence provided that the address on the piece of identification is consistent with information related to the elector or voucher that appears on the list of electors.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Canada Elections ActGovernment Orders

December 13th, 2007 / 11:55 a.m.
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Regina—Lumsden—Lake Centre Saskatchewan

Conservative

Tom Lukiwski ConservativeParliamentary Secretary to the Leader of the Government in the House of Commons and Minister for Democratic Reform

Mr. Speaker, it is a pleasure for me to stand in the House and speak to this bill at the third reading stage.

Bill C-18, quite frankly, fixes a problem incurred with voting. To provide a bit of context and a brief history of the reason for Bill C-18 coming before the House, it was because the House originally passed Bill C-31 which basically dealt with voter identification.

The intent of Bill C-31 was so that individuals who wished to cast ballots in federal elections would be required to produce identification showing their name and residency. This seemed to me to be a common sense provision because, as we all know, though Canadians have the right to vote, they have to be, number one, Canadian citizens and, number two, reside in the riding in which they wish to cast their ballot.

We wanted to put provisions in place that required individuals to produce identification, verifying that they lived in the ridings in which they wished to cast ballots. That was the genesis of Bill C-31. However, there was a problem. Bill C-31 stated that in determining proof of residency, voters had to prove their residential addresses.

This, of course, was debated in committee. The Chief Electoral Officer of Canada came before committee to analyze the bill. No one in the committee nor the Chief Electoral Officer of Canada recognized the fact that the term “residential address” or “civic address” would in fact exclude a great many Canadians.

Approximately one million Canadians, in fact, do not have residential or civic addresses. These are primarily rural Canadians living in ridings in Canada who would normally be allowed to vote, but instead of having residential addresses have post office boxes or rural route numbers or a land description, which would be their identification of residency.

Bill C-31 inadvertently excluded everyone who did not have a residential address. As I said just a few moments ago, approximately one million rural Canadians were in that category. If people lived in rural Canada, whether it be Saskatchewan, Ontario, British Columbia or Quebec, and had rural route numbers or post office box numbers instead of street addresses, with the passage of Bill C-31 they would be denied their right or ability to vote.

This flaw in Bill C-31 was first discovered in late September, early October, by the office of the Chief Electoral Officer. Following three byelections held in September in Quebec, the Chief Electoral Officer did a review of the voting practices in Quebec during those three byelections and during that examination discovered this flaw in Bill C-31 dealing with residential addresses.

He immediately informed the government, which, in turn, immediately took corrective action and the result is what we have before us today, Bill C-18. It very simply remedies the glitch found in Bill C-31 by stating that any individual who produces proper identification and whose residency information on that identification is consistent with the information on the electoral lists will then be eligible to vote.

In other words, to put it very clearly and graphically, if an individual has a driver's licence that says he or she resides at post office box 123 anywhere in Canada and the electoral list confirms that this individual resides at post office box 123 anywhere in Canada, or to put it another way, if the driver's licence information and the information on the electoral list are consistent, that individual can then vote and that remedied the situation.

That is why we introduced the bill, that is why the bill is before us today and that is why we wish, as a government, to ensure the bill passes and is delivered to the Senate today. We hope then that our friends in the Senate will pass it quickly and give it royal assent before the end of this calendar year.

The urgency is that there may be byelections or a general election very soon in the new year. No one knows the certainty of a general election, but we do know byelections will have to be called before the end of this month. We want to ensure that all Canadians in rural Canada, who had been disenfranchised inadvertently, are now back on the voters list, that they have the eligibility requirements correct and that they will be able to cast ballots.

I know almost all parties in the House, almost all members in the House, support this legislation. The exception being some members of the New Democratic Party. I find it interesting that their opposition is not really with Bill C-18, but with Bill C-31.

During debate and during committee examination of Bill C-31, the NDP primarily was concerned that many Canadians could potentially be disenfranchised because of the identification requirements contained in the bill. Specifically, the NDP was concerned because of the homeless. Many homeless people, perhaps the vast majority of them, do not possess identification. This was a legitimate concern raised by the members of the NDP. Their solution to that was quite simply that identification requirements contained in Bill C-31 should be eliminated, that people who did not possess proper identification as to proof of identity and residence should still be allowed to vote if they signed an oath or some kind of a declaration at a various polling station on voting day.

While I recognize there will be some individuals in the category of the homeless or maybe other transient individuals who do not have proper identification, the committee determined in its wisdom, and I supported this decision, that the public interest was best served if individuals were required to produce identification.

I believe it is a common sense approach. After all, if people cannot identify themselves, if they cannot prove they actually live in a particular riding, why then should they be allowed to vote? We were concerned about voter fraud. In fact, Bill C-31 was called the voter integrity bill. It was merely intended to ensure the integrity of the voting system, so everyone who wished to vote in a particular riding across Canada would have to demonstrate they actually resided in that riding. I think that is a reasonable approach to take. Hence, Bill C-31 was passed.

The opposition to Bill C-18 from my colleagues in the NDP has really nothing to do with Bill C-18. It goes back to their opposition to Bill C-31. Up to this point, they have been trying to, in my opinion, unduly delay passage of Bill C-18 because of their opposition to the provisions contained in Bill C-31.

However, I am very pleased to see Bill C-18 before us today. I believe we will see passage of this very important bill later today. I also hope, as I mentioned a few moments ago, that our friends and colleagues in the Senate, in their wisdom, will give speedy passage to Bill C-18.

I will reiterate that the bill was brought forward as a corrective measure to ensure that rural Canadians, who had been inadvertently disenfranchised by the provisions contained in Bill C-31, were dealt with in an appropriate manner to ensure they would have the ability to vote in the next general election.

There is nothing more complicated than that. There is nothing more detailed than that. It is merely a simple bill designed to correct an inequity that occurred.

In dealing with the bill in an expeditious manner, as we have, we have demonstrated that Parliament and the committee system within Parliament can work when all members determine that partisan interests should be set aside and the greater good be addressed. Even though there have been disagreements at committee, and I am sure we will still see disagreements to some extent in the debate today, at the end of the day objections will have been duly noted but the bill will pass and for good reason.

I do not want to stand in the House and say that a wrong was not corrected. We have the ability to correct, but we chose not to for whatever reasons. I believe most Canadians would vehemently disagree with that.

While Bill C-18 perhaps should not have been necessary, it was done so to correct an unintended consequence as a result of the passage of Bill C-31.

The House proceeded to the consideration of Bill C-18, An Act to amend the Canada Elections Act (verification of residence), as reported (without amendment) from the committee.

Business of the HouseRoutine Proceedings

December 13th, 2007 / 10:10 a.m.
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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons and Minister for Democratic Reform

Mr. Speaker, pursuant to Standing Order 56.1, I move:

That, notwithstanding any Standing Order or usual practices of the House, the notice requirement to call Bill C-18 for debate today shall be waived; when the House adjourns today, and provided Bill C-18 and Bill S-2 have been read a third time and passed, it shall stand adjourned until Monday, January 28, 2008, provided that, for the purposes of Standing Order 28, it shall be deemed to have sat on Thursday, December 13 and Friday, December 14, 2007; and if Bill C-18 and Bill S-2 are not completed before the end of government orders, the House shall sit beyond the ordinary hour of daily adjournment for that purpose and shall not be adjourned except pursuant to a motion proposed by a minister of the Crown.

Citizenship and ImmigrationCommittees of the HouseRoutine Proceedings

December 13th, 2007 / 10:10 a.m.
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Conservative

Peter Van Loan Conservative York—Simcoe, ON

Mr. Speaker, I rise on a point of order. I seek the unanimous consent of the House for the following motion: That, notwithstanding any Standing Order or usual practices of the House, the notice requirement to call Bill C-18 for debate today shall be waived; when the House adjourns today, and provided Bill C-18 and Bill S-2 have been read a third time and passed, it shall stand adjourned until Monday, January 28, 2008, provided that, for the purposes of Standing Order 28, it shall be deemed to have sat on Thursday, December 13 and Friday, December 14, 2007; and if Bill C-18 and Bill S-2 are not completed before the end of government orders, the House shall sit beyond the ordinary hour of daily adjournment for that purpose and shall not be adjourned except pursuant to a motion proposed by a minister of the Crown.

Procedure and House AffairsCommittees of the HouseRoutine Proceedings

December 12th, 2007 / 3:35 p.m.
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Conservative

Gary Goodyear Conservative Cambridge, ON

Mr. Speaker, I have the honour to present, in both official languages, the seventh report of the Standing Committee on Procedure and House Affairs regarding its order of reference of November 16. Your committee has considered Bill C-18, An Act to amend the Canada Elections Act (verification of residence) and reports the bill without amendments.

Budget and Economic Statement Implementation Act, 2007Government Orders

December 11th, 2007 / 5:05 p.m.
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Conservative

Gary Goodyear Conservative Cambridge, ON

Mr. Speaker, I would like to table a report today to Your Honour to consider Bill C-18, the verification—

December 11th, 2007 / 12:15 p.m.
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Conservative

The Chair Conservative Gary Goodyear

Colleagues, let's resume our meeting.

Pursuant to the order of reference of Friday, November 16, 2007, the committee will now move to clause-by-clause consideration of Bill C-18, An Act to amend the Canada Elections Act (verification of residence).

In front of you, colleagues, you should have a copy of the bill as well as amendments that were in fact handed in. We will go through this in the usual fashion.

(Clause 1 agreed to)

(On clause 2)

December 11th, 2007 / 12:10 p.m.
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Conservative

The Chair Conservative Gary Goodyear

Colleagues, are there any further questions for the witnesses?

Witnesses, first of all, let me apologize to you. It appears you were not told specifically enough, and my apologies on behalf of all members of the committee. In future we will make sure that witnesses who are invited are briefed better about the relevance of the issue before us.

We look forward to hearing from you again in the future when we deal with other aspects of the subject matter. But we certainly appreciate the information you have given to us, or attempted to give to us, on Bill C-18.

At this point, seeing no further questions from the members, I will thank you again, with the compliments of the committee. We appreciate your coming back again. You're dismissed.

Colleagues, we now have the option to move to clause-by-clause, which I believe is what the committee adopted as the first point, if that's the will of the committee. Do I see nods?

Okay. I will give members a few moments to get their bills out.

December 11th, 2007 / 12:10 p.m.
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Conservative

The Chair Conservative Gary Goodyear

Thank you very much, Mr. Angus. I don't see what that has to do with Bill C-18. You can talk to me about that after. If it has relevance, I'll put you in touch....

December 11th, 2007 / 12:10 p.m.
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Conservative

The Chair Conservative Gary Goodyear

Let's be even more open.

Are there any more questions about Bill C-18 for our witnesses?

Mr. Angus, I will offer you the mike, but I'm going to hold you to relevance.

December 11th, 2007 / 12:05 p.m.
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NDP

Charlie Angus NDP Timmins—James Bay, ON

Madame Bradford, I'd like to ask you about vouching. That's being touted as the solution for people who, for whatever reason, do not appear on the voters list and slip through the cracks. Will the issue of vouching suffice? Do we need to go to a simpler amendment, in the case where someone does not meet the necessary requirement but is willing to swear an oath? Would that address concerns about Bill C-18?

December 11th, 2007 / 12:05 p.m.
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NDP

Charlie Angus NDP Timmins—James Bay, ON

Thank you.

Mr. Boyko, I was interested in your perspective. We had a lot of conversation here about how we all want to encourage young people to vote. Everybody's patting themselves on the back about how much they love students and can't understand why students won't vote.

It seems to me that Bill C-18 speaks specifically to the problems students have in voting. The scenario that's being put forward is simply rural addresses. However, many people are not on the voters list, or should be on the voters list, so the question is of being able to vouch because you're not found there with proper presentation. You are saying that tens of thousands of students are not going to be able to vote. Do you believe this issue of vouching in any way, having one person appear to vouch, will address that issue?

December 11th, 2007 / noon
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Liberal

Marcel Proulx Liberal Hull—Aylmer, QC

That gentleman just agreed with my point: Bill C-18 is strictly for one situation, and that's the only thing we are looking at under Bill C-18.

Thank you.

December 11th, 2007 / noon
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Liberal

Marcel Proulx Liberal Hull—Aylmer, QC

Thank you, Mr. Chairman.

Contrary to what my colleague, Mr. Angus, has said, it is not that the other parties are not interested. We gave Mr. Angus the opportunity to explain to us what the witnesses wanted to tell us. So I have a question for all the witnesses.

The first clause of Bill C-18 reads as follows:1. Section 143 of the Canada Elections Act is amended by adding the following after subsection (3):

If I may, Mr. Chairman, I will read the following clause in English because I want it to be understood.

So section 3.1 reads as follows:

If the address contained in the piece or pieces of identification provided under subsection (2) or paragraph (3)(a) does not prove the elector's residence but is consistent with information related to the elector that appears on the list of electors, the elector's residence is deemed to have been proven.

Correct me if I'm wrong, ladies and gentlemen, witnesses, but my understanding of Bill C-18 is that we are looking strictly at the situation whereby somebody who is already appearing on the list of electors has a problem voting because their pieces of identification do not necessarily correspond to what's on the electors list.

So you may be talking about people who are not on the electors list who would want to be on the electors list. But that's not the point of Bill C-18. I think you're knocking on the wrong door. I think Bill C-18 is strictly with regard to, and again I quote, the phrase “related to the elector that appears on the list of electors”.

So you would you please tell me how you can manage talking and wishing for something else?

Thank you, Mr. Chairman.

December 11th, 2007 / 11:55 a.m.
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James (Jim) Quail

Yes. This bill, C-18, and actually I thought I was addressing it in my comments, deals with fixing one of the problems that was created by Bill C-31, and that is the rural voters. That's a very serious problem, and as I said, it's good to see that Parliament is doing something to fix that bit. It's like a coat full of tatters and there's one big patch being put on it.

This does nothing, though, for the people whose problem is not that their address isn't a civic address; it doesn't deal with the problem of people who don't have an address. It doesn't deal with the problem of people who don't have documentation. I'm assuming that Parliament introduced this bill in order to fix the problems created by Bill C-31, and my advice to the committee is it fixes a part of the problem, but there's still a lot of work to do.

If the real concern is that there be adequate identification of voters, there's a simple solution that doesn't require 700,000 people. A whole host of circumstances are going to disenfranchise people: people who are homeless, seniors who no longer have driver's licences or other necessary identification, people who have moved recently and their identification doesn't square with their address.

We filed a very large body of evidence with our petition to the court, and I commend that to anybody who wants to study it in detail. There's a big problem still left behind in spite of this bill.