Bill C-33 (Historical)

An Act to amend the Canada Elections Act and to make consequential amendments to other Acts

This enactment amends the Canada Elections Act to
(a) remove limitations on public education and information activities conducted by the Chief Electoral Officer;
(b) establish a Register of Future Electors in which Canadian citizens 14 to 17 years of age may consent to be included;
(c) authorize the Minister of Citizenship and Immigration to provide the Chief Electoral Officer with information about permanent residents and foreign nationals for the purpose of updating the Register of Electors;
(d) remove the prohibition on the Chief Electoral Officer authorizing the notice of confirmation of registration (commonly known as a “voter information card”) as identification;
(e) replace, in the context of voter identification, the option of attestation for residence with an option of vouching for identity and residence;
(f) remove two limitations on voting by non-resident electors: the requirement that they have been residing outside Canada for less than five consecutive years, and the requirement that they intend to return to Canada to resume residence in the future; and
(g) relocate the Commissioner of Canada Elections to within the Office of the Chief Electoral Officer, and provide that the Commissioner is to be appointed by the Chief Electoral Officer, after consultation with the Director of Public Prosecutions, for a non-renewable term of 10 years.
In addition, the enactment contains transitional provisions and makes consequential amendments to other Acts.

Elections Modernization Act

[Blake Richards, Conservative, Banff—Airdrie, AB]

Mr. Speaker, it is a pleasure to stand to speak to this legislation.

The Liberal government is really good at saying one thing and doing another, and Bill C-76 is another classic example of exactly this point.

First, the fact is that this is an omnibus bill. It is a 350-page bill. The Liberals can say what they want about the previous government's use of omnibus legislation, but they have plain out campaigned against the use of it. The 2015 Liberal Party platform said:

...Stephen Harper has also used omnibus bills to prevent Parliament from properly reviewing and debating his proposals. We will change the House of Commons Standing Orders to bring an end to this undemocratic practice.

Here we are today, debating a 350-page piece of legislation. It is certainly omnibus legislation, and not the Liberals first use of it either. There is a term I could use to describe that, but it is unparliamentary language so I will not use it.

However, members do not have to take it from me. Senate Liberal Joseph Day stated recently, “This government has evidently abandoned its election promise to end the practice of omnibus bills”, and indeed it has. Bill C-76 is a shining example of that.

That is not the only broken promise or the use of Liberal doublespeak I will be talking about today. In fact, that is just the tip of the legislative iceberg on the level of egregiousness the Liberals have used in this bill.

What is worse is that the Liberals sat on the predecessor of Bill C-76, which was Bill C-33, for almost two years without debating it even once. November 24, 2016, was when Bill C-33 was tabled. It is now past the eleventh hour. The deadline of April 30 was set by the acting Chief Electoral Officer. He stated for some time, as did his predecessor, that action needed to be taken by a certain time in order to change electoral legislation.

I think it was a few weeks ago when the acting Chief Elector Officer was before the procedure and House affairs committee once again. He testified that April 30, 2018, was the absolute drop-dead date that he would need to have legislation, with royal assent, in order to have it implemented prior to the 2019 federal election. Maybe the Liberals slightly misunderstood that and thought it had to be tabled by April 30, because that is when they tabled the legislation. However, the Chief Electoral Officer was quite clear that the bill would need to have had passed and received royal assent by that date. Therefore, here we are late into May and just starting to debate it.

The Liberals have slapped a bunch more changes on Bill C-33 and have rushed it out the door. We have even heard reports of the Liberal's minister did not knowing what was in the bill. This was indicated in a Huffington Post article, entitled “Bill C-76: Democratic Institutions Minister's Office Didn't Know Elections Bill Closes Loophole”. Even their own minister and his office were not familiar themselves with what was in the bill. That is how quickly the Liberals rushed this thing out. Then they expected members of Parliament to digest the 350-plus pages so quickly that after one hour of debate, they gave notice of time allocation.

The minister has invited members of Parliament to submit amendments to the bill, but as it turns out, the bill already would accomplish things that the minister did not even realize. The minister's communications director told the Huffington Post in that same article “neither she nor [the minister] was aware that the bill actually addresses the long-standing loophole.”

He went on to say:

She wasn't certain why all the government's communications material relating to Bill C-76, the Elections Modernization Act, makes no mention of it or why officials had also glossed over the change.

As a legislator, that certainly does not instill too much confidence in me and my colleagues when neither the minister nor his staff know what this legislation does, or what is even contained in it. I am not sure whether that is incompetence or a result of political masters having no idea of what bureaucrats are doing, or what it is, but any way, it is completely unacceptable.

What we have in Bill C-76 is the Liberals claiming to fix a problem, but actually making it worse in the process. What they are proposing with regard to third party spending, for example, would increase the potential opportunities for foreign money and foreign interference in our democratic process. There have been numerous claims about millions of dollars in foreign funding being funnelled into third party advocacy groups here in Canada during the last election. It is something we have raised time and again as an issue and a problem. If we look at the Ontario provincial election currently in progress, we can see the practice of third party advocacy and advertising in action now. Global News reporter, David Akin tweeted on May 4:

Coincidental? As shadowy @ActWow seeds social networks fear-mongering about Ford cutting healthcare, latest release from @ontario_liberal party is … fear-monering about Ford cutting public services.

Akin was wondering whether the messaging being tied together in that regard was just coincidental.

Canadians would certainly not have an issue if these third parties were solely funded and supported by Canadian money, because third party groups certainly have a right to have its say in our elections. However, I think people would expect that these would be funded and supported by Canadians, and not a result foreign money coming in to push viewpoints upon Canadians and to interfere in our elections. However, we are certainly seeing more of that. We are seeing foreign entities funnelling money into Canada through these third party groups to try to affect the outcomes of our elections. I think all Canadians expect that only Canadians should be allowed to determine the outcome of our elections.

Foreign interference in Canadian policy is happening already, and it is time that the Liberals realized it. There are groups like the U.S.-based Tides Foundation that have poured considerable amounts of money and manpower into shutting down our oil industry. Its goal is to land-lock Alberta and our oil, and it does not care how many Canadians it puts out of jobs. It does not care how many opportunities are lost to Canadians as a result. It is not concerned about that.

The loudest groups, like those against the Trans Mountain expansion project, are usually foreign funded. They are acting in ways that do not serve the best interests of Canada. However, only Canadians should be able to determine Canadian policy.

Currently, Canadians are allowed to contribute $1,575 annually to political parties or to candidates, and corporations or unions are completely banned from making those types of contributions. Under the government's proposed legislation, foreign entities could contribute an unlimited amount to third parties to engage in campaign activities just weeks before an election.

Third parties wish to behave like political parties and engage in campaigning. That is certainly fine. We live in a democracy. They are able to do that. However, they should be required to follow the same rules that political parties do. They should be held to the same kinds of standards that political parties are. If a political party needs to account for and pay for campaign expenses like polling and organizing rallies, so should third parties.

If not, John Ivison of the National Post rightfully pointed out that it could lead to U.S.-style political action committees emerging, funded in part by foreign money, to influence federal elections. It is not just me and my colleagues in the Conservative Party who are speaking to this; it is coming from a media source as well, and others out there. It is certainly a pretty accurate concern. It is a concern that many Canadians would have if they were aware of this.

Does the Liberal government want to see big money, foreign-backed political action committees here in Canada? I ask because that is what we are getting, and it is due to its inaction on this very serious threat to our democracy. The vote and voice of each Canadian is diminished when foreign parties try to sway the outcome of our elections. Foreign interference in our elections is a concern I have heard from many Canadians, and I am sure that all members have heard those same kinds of concerns.

I will turn now to another common concern I hear, namely, voter identification. It is really unfortunate that the Liberal government is going to weaken the laws on the requirements for proving one's identity when one votes. The Liberals want to move backward and allow the use of voter information cards as acceptable pieces of ID for voting.

There is a high rate of error in the elections register. Elections Canada shows that in the National Register of Electors, there can be error rates as high as 16% in the records at any given time. It is a very significant, high rate. In the last election, the rate of erroneous cards sent out was also quite high. There were nearly one million of them erroneously sent out in the 2015 election. This policy could really have far-reaching implications, and certainly leaves our Canadian democratic process open to the potential for fraud.

In their response to Parliament and written Question No. 333, Elections Canada and the Privy Council Office said that “there were 986,613 updates to elector information during the revision period which resulted in another Voter Information Card (VIC) being mailed to the elector.” That was during the last election.

As well, there were 509,397 individuals who received voter information cards, representing about two per cent of the voter information cards, who proactively advised Elections Canada of incorrect information on the cards. Those are the numbers of those who notified them.

How many more did not, in fact, notify Elections Canada of errors? It was about 16%, as I mentioned earlier, according to the testimony of the previous Chief Electoral Officer, Mark Mayrand, of Elections Canada. He confirmed the statistic I just gave: 16% of entries in the National Register of Electors are erroneous at any given time. He also indicated that after the revisions period during an election, the error rate is still approximately 12%. That is a pretty significant error rate, one that could potentially affect three million or four million electors, because the National Register of Electors contains about 26 million electors.

This legislation would allow the use of the voter information cards, which have an average error rate of 16%, as an acceptable form of ID to vote. Again, 16% is roughly four million electors. That means that with voter information cards, nearly four million electors could be sent erroneous information. For the life of me, I do not understand how the Liberal government could see that as acceptable. Right now, there is a long list of potential pieces of ID that can be used and are acceptable to Elections Canada for voting.

There are 39 potential forms of ID available for electors to use. They range from drivers' licences, to bank statements, to letters confirming residency, and even e-statements and e-invoices are acceptable if they are shown on a mobile device. There are 39 different forms, and it is hard to imagine a scenario in which someone would not have one of the 39 forms, and yet they would have a correct voter information card. That is very hard to imagine.

It is really not too much to ask that Canadians show some form of ID before casting a ballot? That is not unreasonable, and it is not just me who thinks that. Canadians overwhelming accept that showing ID before voting is a positive thing. When polled, 87% of Canadians indicate it is reasonable to require someone to prove their identity before they vote. The Liberal government needs to explain to those Canadians why it does not think that ID should be required to vote. Why does it not want to protect our electors from potential voter fraud?

We want to encourage as many Canadians as possible to vote, but we have to do everything we can to ensure that we prevent all potential avenues of voter fraud as well. People are expected to show ID before they rent a car, check into a hotel, buy alcohol or tobacco, or consume marijuana, and before they board an airplane. I could go on and on with that list. Why not for voting as well? That is a question the government has failed to answer, but leave it to the government to introduce a bill that is 350 pages long and lacks some specifics.

There have been all kinds of attempts by the government to make changes to its benefit. The Liberals have been caught in scandal after scandal, with ethics violations and cash for access to the Prime Minister, and when they tried to make electoral changes to their benefit. If they had wanted to do something to strengthen democracy rather than attempt to benefit themselves, they would not have sat on their hands with this piece of legislation for two years. They waited until we were past the eleventh hour to bring forward this legislation, and nothing was done to properly consult with opposition parties in the process either.

Conservative Party members have raised the issue of foreign interference in our elections multiple times. The Liberals could have maintained that voters need to have proven identity to vote. They could have ensured there were proper privacy safeguards for our children, but none of those things were done. We are left with a massive disaster of omnibus legislation that the Liberals are trying to rush through after waiting and delaying and making other attempts to try to benefit themselves. Here we are with legislation that is 350 pages long. After one hour of debate, they moved notice of time allocation. It is absolutely astounding that the government breaks every promise it has made during the election. It continually says one thing and does another, and this legislation is another example of that.

We will continue to push the Liberals on that, and I know that Canadians will hold them accountable as well. I look forward to taking questions on the bill.

[Alupa Clarke, Conservative, Beauport—Limoilou, QC]

Mr. Speaker, thank you for giving me the opportunity to speak today as we get back to the House after a week in our ridings. Last week was very busy, I must say. I also want to take this opportunity to say hello to the many constituents of Beauport—Limoilou who, as always, are watching now on Facebook Live or who will be watching at a later time when the videos are posted on CPAC.

Today we are talking about democratic participation, which I find fascinating. If there is one thing that interests me most in life, it is democratic participation. This was the reason I got involved in politics. I urge Canadians to get involved. Last week I held the first-ever “Alupa à l'écoute!” public consultation in Beauport—Limoilou. I spent more than six hours listening to my constituents and answering their questions. Ultimately, my goal was to hear about the concerns, challenges, and difficulties they face in their day-to-day lives. The next consultation will be in Giffard on September 13, and the third will be in Beauport on November 17. For more information, people can call 418-663-2113. After these three public consultations, I will produce a report in the winter of 2019 and introduce a bill to address an issue that people face in their day-to-day lives. In those six hours last Thursday, I answered every question from around 40 constituents. I was very proud, because this kind of democratic accountability is absolutely essential. That actually ties into this bill.

Let us talk about participatory democracy. Once again, Bill C-76 is not all bad, but we expect that the Conservatives will vote against this bill for specific reasons. I did say “expect”, but that will depend on what happens in committee. My first impression is that this is another attempt by a government that brags about its international and national brilliance. Specifically, the Liberal government thinks it has a monopoly on being virtuous all the time. They want to sell to Canadians on the idea that with this bill they are again improving the accessibility of the electoral system and the eligibility to vote. A number of Liberal colleagues spoke in this place about the integrity of the system. With respect to Bill C-76, we feel that some of the amendments and new rules will directly or indirectly undermine Canada's electoral system.

My Liberal colleague, who as usual was fiery and spouted anti-Conservative rhetoric, said that voting is of course a fundamental right, but that it is also a privilege, as my colleague from Lethbridge stated. It is a privilege that requires a right and individual responsibility first and foremost. The laws that govern Elections Canada at present seek not just to foster participation, but also to ensure that this duty is carried out with integrity and responsibly. It is really a conflict between how to increase the public's participation and how to ensure that the right to vote remains a protected right.

The Liberal member for Willowdale spoke eloquently of the history of our great federation by talking about the changes in voting almost every decade; we went from suffrage on the basis of property ownership to popular ballot. We went from the popular ballot, just for men, to voting for women, thank God. It was Borden's Conservative government that gave women the right to vote. All the parties here, Canada's major governing parties, Liberal and Conservative, are always in favour of making voting more accessible.

We have some technical questions about the bill. That is unfortunate because, as my Liberal colleagues said, accessibility to the vote is a fundamental debate. Why did the Liberals move a time allocation motion a week ago? We were supposed to vote on time allocation today. Surely, the Liberals backed down after finding that they would look undemocratic by allocating only two or three hours of debate on such a fundamental issue.

In comparison, for Conservative Bill C-23, which dealt with Elections Canada and which was introduced during the 41st Parliament, we had four days of debate for a total of 14 hours, in addition to 23 meetings in committee, on this bill that was aimed at improving our electoral system. At this point, we have only had two hours of debate on Bill C-76.

As the NDP did, it is important to recall the concerns raised by the Chief Electoral Officer. He said that the government had previously tabled the amendments to Bill C-76 in Bill C-33, which died on the Order Paper. Actually, it did not exactly die on the Order Paper, because there was no prorogation, but it never got beyond first reading. The Chief Electoral Officer therefore told the government that it needed to get to work right away if it really wanted to make changes in time for the 2019 election. However, the government waited until the last second to make these changes, just days from the deadline set by the Chief Electoral Officer. Clearly, this is just another tactic to keep us from debating Bill C-76 properly.

Certain parts of this bill are fine, but what I find utterly astounding about it is that it proves that Mr. Harper was right back in 2015. The Liberals called us terrible, horrible partisans for announcing the election on July 1. However, the reason we did that was because Mr. Harper had noticed a problem. During the month of June 2015, unions, such as the FTQ in eastern Canada and other big unions in western Canada, which of course are free to protest, had spent tens of millions of dollars on partisan ads attacking the Canadian government in power at the time, which was a Conservative government. Since we could not respond to that situation because we were not in an election period, Mr. Harper, a man of unimpeachable integrity, decided to call an election so that we could respond using election expenses.

Throughout the campaign, the Liberals called us enemies of democracy who only cared about winning votes. In fact, they still say that about us today. However, by creating a pre-election period beginning on June 30 in Bill C-76, they are confirming, beyond a shadow of a doubt, that Mr. Harper was right to do the same thing four years ago. That is a tribute to our former prime minister.

What exactly would Bill C-76 do? It would expand voter eligibility. Apparently this bill would prepare future voters by creating a register of young people aged 14 to 17 so that Elections Canada can start communicating with them. That seems kind of strange to me because that is when young people are most likely going to CEGEP or community college and living in apartments with two or three roommates. I do not really know how that communication is supposed to happen considering that young people today use their phones and social networks such as Facebook to communicate.

My Liberal colleague said that Liberals support enfranchisement, but giving kids the right to vote is something else entirely. He said that voting is a basic right, but that there is discrimination inherent in our system because Canadian citizens under the age of 18 do not have the right to vote. Voting is not in fact a privilege and a basic right granted to everyone. There are limits, and we can all agree that those limits are good for democracy and the duty to vote because people under the age of 18 have to go to school and do their homework. I strongly agree with that. If they are not in school, they should at least be working or travelling around the world and around Canada without asking anyone for money. I can say for sure that, up to age 18, people should be preparing to exercise their civic duty. That is why people cannot vote until they turn 18. It is not in fact an absolute right for everyone. There is already some discrimination inherent in the right to vote in Canada.

Then there are three pre-election periods. I have already mentioned the pre-election period, so let us talk about the “pre-pre-election” period. There is already a problem with this one, since there will be no constraints on the financial commitments of domestic and international third parties.

Until June 30, we know very well that all the international environmental groups, who like to see the Prime Minister contemplating the death of the oil sands, will spend millions of dollars to promote the end of natural and energy resources in Canada, which is very bad news. Natural resources represent 40% of the Canadian economy. We are in an energy transition. The systematic blindness on the part of the Marxist left and the centrist left in Canada is astounding. We are always being told that we are not making any effort on the environmental front. Since 1960, the environment has been systematically and continuously improved. Let us also not forget that this 40% of the Canadian economy is used to fund hospitals, education programs and our elections, which still cost hundreds of millions of dollars.

They also want an extended period of advance polling, which is very good. I won because of advance polling, so it is a very good idea. Joking aside, it is a good thing.

With regard to limiting the election campaign to 50 days, we could also ask why 50 days and not 37.

The Liberals want to change the requirement of having identification with an address and photo. It will be terrible. I go door to door every month in my riding—

[Alistair MacGregor, NDP, Cowichan—Malahat—Langford, BC]

Mr. Speaker, I agree with the member that there are a lot of good things to unpack in this bill. I particularly like the fact that we are going to be registering young people. Over the last two months, I have had some great conversations in high schools in my own riding, and I am very proud to report to the House how engaged the youth are in those classrooms. It makes a lot of sense to start setting up the process so that when they turn 18 they are able to participate in our democracy.

I want to go back to the question I posed earlier to the parliamentary secretary regarding the timing of this bill. We know from the previous acting Chief Electoral Officer that Elections Canada really wanted to have these changes implemented by April 2018, and here we are, having had this bill introduced on April 30. Furthermore, the government let Bill C-33 languish at first reading for 18 months. Given that Elections Canada needed this time to have the legislation implemented, and the bill still needs to travel through the House of Commons and the other place and receive royal assent, I would like to ask the member why his government waited so long to introduce this bill.

I do not agree that we have debated the particulars of the bill. I know that the PROC committee has been debating the issues, but that debate is separate from the debate on the legislation. The House really needs to have its time to examine the legislation. Why did his government wait so long to introduce this very important piece of legislation?

[Alistair MacGregor, NDP, Cowichan—Malahat—Langford, BC]

Mr. Speaker, the parliamentary secretary is right that the New Democratic Party is prepared to give its support to the bill to move it to committee. However, I take issue with his accusations that this side of the House is responsible for the delay of the bill. The bill received first reading on April 30 of this year, and the acting Chief Electoral Officer said that April was the month in which the changes actually needed to be implemented in order for them to be ready for the 2019 election. Furthermore, Bill C-33 has been languishing at first reading for 18 whole months, so I will take no accusations of delay on this side of the House.

My question to the hon. parliamentary secretary is this. Why did his government wait so long, until April 30, when it knew full well that the proposed changes needed to be implemented well before then to be in time for the 2019 election and knowing that the bill has to clear the House of Commons and the other place before receiving royal assent? Does he realistically think he has enough time to act on the Chief Electoral Officer's recommendations?

[Alistair MacGregor, NDP, Cowichan—Malahat—Langford, BC]

Mr. Speaker, I share my colleague's concerns about the way Bill C-76 has been introduced, particularly at this moment in the parliamentary calendar. We also had Bill C-33 languish at first reading for 18 months. For a government that is all about electoral reform and attaches such importance to it, I would have thought that we would not be debating such an important bill on the back nine of the golf course. I certainly hope that the government honours its promise to allow this place to fully debate this bill.

One part of the bill that I do like is that it would adopt what my private member's bill, Bill C-279, sought to do, which is to put a hard limit on the length of elections. Many of us felt that was a reasonable amendment to put into the Canada Elections Act, because it would prevent future governments from going through another 78-day marathon campaign. I would appreciate hearing my colleague's thoughts on that particular aspect of the bill.

[John Nater, Conservative, Perth—Wellington, ON]

Mr. Speaker, it is an honour to rise today and participate in the debate on Bill C-76, the amendments to the Canada Elections Act.

One of the privileges we have in Canada and as Canadians is to participate in free and fair elections. I do not think there is anyone in this House who would disagree with the importance of that privilege and honour that we have as Canadian citizens to participate in our democratic rights.

However, the government has shown its inability to properly introduce legislation to change our elections. In fact, the acting Chief Electoral Officer made it very clear to Parliament and at committee that in order for Elections Canada to make the changes necessary for the next election in 2019, legislation had to receive royal assent by April 2018. Here we are in May, only just kicking off debate on this matter.

On April 24, 2018, at committee, the acting Chief Electoral Officer, Stéphane Perrault, had this to say to the procedure and house affairs committee:

When I appeared last February I indicated that the window of opportunity to implement major changes in time for the next election was rapidly closing. That was not a new message. Both Monsieur Mayrand and I had previously indicated that legislative changes should be enacted by April 2018. This means that we are now at a point where the implementation of new legislation will likely involve some compromises.

Later in his comments he said:

However, it is also my responsibility to inform you that time is quickly running out. Canadians trust Elections Canada to deliver robust and reliable elections, and we do not want to find ourselves in the situation where the quality of the electoral process is impacted.

The government tabled Bill C-76 in April 2018, the same day legislation was supposed to be in place. The government botched the entire process for implementing changes to the Canada Elections Act. As a result of its mismanagement, the government had to introduce this omnibus bill in order to play catch-up and distract from past failures.

The Chief Electoral Officer provided recommendations for legislative reforms following the 42nd general election in 2015. The Standing Committee on Procedure and House Affairs was reviewing the recommendations and preparing a report for this House. Then, on November 24, 2016, before the committee had completed its work, the former minister of democratic institutions introduced Bill C-33, an act to amend the Canada Elections Act and to make consequential amendments to other acts. She introduced an incomplete bill and demonstrated a blatant disregard for the committee's work.

Then, after rushing to create a bill and, in their haste, creating a flawed bill, the Liberals stalled. They have been sitting on the bill and have still not brought it forward for debate at second reading a year and a half later. If we add to that their failed attempt to change Canada’s electoral system to favour their party, the tremendous delay to appoint a permanent Chief Electoral Officer, and the incomprehensible action to perhaps create a debates commission, this government's democratic reform has been a colossal disappointment. The Liberals waited well beyond the April 2018 deadline to introduce Bill C-76.

What is more, Bill C-76 is an omnibus bill. It is 350 pages long and contains hundreds of different sections. At best, it contains seven vastly different elements. Many of these elements are flawed, and not only will they not improve our elections, but in some cases they will actually weaken them.

This brings me to one of the key points contained in the bill, which is the subject of identification. The government is clearly out of touch with what is reasonable in the 21st century.

Today, photo ID and identification with one's address is commonly and routinely used for interactions with governments at all levels, whether federal, provincial or municipal. Under the current law, nearly 50 different types of identification are permitted to allow a Canadian voter to prove his or her identity and address.

Canadians are used to using identification. In Canada, no one bats an eye when he or she is required to show ID to board a plane. No one bats an eye when he or she is required to show ID to prove his or her age to purchase alcohol or tobacco. Students are regularly required to show ID when they take VIA Rail to get the student discount. When we drive a car, we need a driver's licence. When we go fishing, we have a fishing licence. When we go to get a prescription for medication, we show identification. Even to borrow a library book, we need a library card, which, I might add, in most municipalities is free. What is more, when we get that library card, we can also use it as one of the acceptable forms of ID with Elections Canada.

I am proud to have a library card for both the Wellington county libraries and the libraries in Perth county, and I use them regularly. I encourage all Canadians to go to their local libraries and get a card.

Let us look at the list of some of the identification that is currently approved by Elections Canada. Of course, there is the driver's licence or a provincial or territorial ID card. In Ontario, that includes both a photo ID as well as an address on those cards. Also, there is the Canadian passport, a birth certificate, and a label on a prescription container.

It has been mentioned before that perhaps those living in a retirement home or a long-term care home may have a challenge finding identification. However, I would challenge anyone to show me a senior who may be living in a long-term care home who does not have perhaps a pill bottle or prescription that has his or her name and identification on it. Another case would be an identity bracelet issued by a hospital or long-term care facility. Also, one could use a credit card, debit card, or employee card.

The minister talked about students. Nearly every student in high school, college, trade school, or a university has a student card. Most students also have a bus pass or public transportation card. It is unfortunate that the Liberals got rid of the public transit tax credit but, nonetheless, most students do have a transit card, particularly if they do not have a driver's licence.

One could also use a licence or card issued for fishing, trapping, or hunting, one of the great pastimes in Canada. One could use a utility bill, whether that be for electricity, water, telecommunications, cable, or satellite. What is more, Elections Canada also accepts either e-statements or e-invoices for that type of ID. In a growing technological world, I know many of us receive our bills solely online, which is an acceptable form of ID.

One could use a personal cheque, a government statement of benefits, or an income tax assessment. All Canadians are required to file their taxes every year. April 30 was just upon us, and I am sure all Canadians remember that well, with the Liberal government in power.

One could use correspondence issued by a school, college, or university. Again, a student going to college or university in Canada would potentially have that letter. Barring that, it could be a letter of confirmation of residence from a place such as a student residence, for those attending university, or a seniors residence, a long-term care home, a shelter, or a soup kitchen, so that those who may not have a permanent fixed address would still have confirmation of their eligibility to vote.

There is also a third option, in which an oath can be taken to provide confirmation of one's address from someone within the same electoral district undertaking that confirmation.

Most Canadians would see these rules as reasonable and fair. The rules ensure that only those who are eligible electors vote, and that they vote in the correct riding. Canadians are rule-loving people. We respect the rules. When we are asked to prove that we are in fact legitimate voters within an electoral district in Canada, we are happy to do so.

This brings me to the government's decision to use the voter information card as identification. It is an information card, not an identification card, as is often said by members across the way. These are information cards because that is what they provide, information. It has been stated before that, in the 2015 election, 986,613 of these voter information cards had inaccurate information, were sent to the wrong address, or were not complete, yet the Liberals are okay with nearly a million voter information cards being used as identification.

Canadians know that things change. Addresses change, and the voters list is not always entirely up to date. Nonetheless, the Liberals are relying on that information to be used to confirm residence within a riding.

One of the challenges with using the voters list and the voter information cards is that much of this information comes from the Canada Revenue Agency. I will cite a couple of examples where the CRA has mistakenly declared people dead, yet this information is now being used to inform the voters list, and then the voter information card, which entitles people to vote.

I would draw the members' attention to an article from November 2017 in which a Scarborough woman was declared dead and her estate was sent her tax refund of nearly $2,800. Another example recently from CBC, in April 2018, talked about a Cape Breton man whose error on a tax return declared both him and his late wife dead, despite the fact that he never submitted a death certificate for himself. Again, this information is being used to inform the voter information cards, which the Liberals now want to use as a confirmation of an address.

The minister also said that the Liberals would be removing the voting restrictions for those living outside of Canada, removing the five-year limitation and the intent to return to Canada. There are two points on this matter. First, it might be reasonable for Canadians who want to see this country prosper and thrive to at least give an indication that at some point in the future they wish to return and live in this great country we call Canada.

Second, when we look at our Commonwealth cousins and the example of Commonwealth countries around the world, we see that they have similar provisions in place. In the United Kingdom, a national who leaves for more than 15 years is not eligible to vote in a national election. In Australia, the length of time is six years.

I want to talk briefly about foreign financing. The Liberal government tries to claim it is shutting the door on foreign financing, that it is blocking foreign influence in elections. What is actually happening is it is opening up a great big loophole that will allow foreign influence to funnel large amounts of money into U.S.-style super PACs to be distributed within Canada during an election campaign.

In a recent article, John Ivison writes:

In the last election, foreign money wielded by political advocacy groups targeted Conservative candidates—Leadnow claimed its 6,000 volunteers helped defeat 25 Tories.

Leadnow said no international money went towards the campaign. However, the New York-based Tides Foundation donated $795,300 to a B.C.-based non-profit called the Sisu Institute Society, which in turn donated to Leadnow.

Leadnow acknowledges Sisu contributed grants for its “other campaigns” but said the election campaign was funded entirely by Canadian sources. Yet, as Duff Conacher at Democracy Watch pointed out, this is nonsense. “Any grant frees up other money, if it’s all in one pot.”

There is nothing in the new bill to stop this from happening again.

Another example comes from our good friend Andrew Coyne, who wrote:

But let’s examine those much-hyped measures to “protect and defend” Canadian democracy. For example, we are told the bill will prohibit foreign entities “from spending any money to influence elections.” Wonderful, you say: how much were they allowed to spend until now? Er, $500.

But then, the real scandal, to borrow Michael Kinsley's phrase, is not what is illegal—direct foreign spending on Canadian elections—but what's legal: foreign money, by the millions, funneled through Canadian intermediaries, which pass it on to domestic advocacy groups to spend.

This is wrong, and Canadians understand that this is not the way that Canadian elections ought to be run. Creating loopholes that we could drive a Mack truck through, allowing foreign influence in Canadian elections, is wrong, and Canadians understand that. They understand that so much of what the Liberal government is doing in the bill is wrong. Canadians believe that voters should be required to prove their identity before they vote. Canadians believe that proper identification is necessary before they vote in an election. They believe that foreign influence in Canadian elections is wrong and that loopholes should not be allowed in the bill, as the Liberals have done.

Canadians also wonder about the lack of urgency of the Liberal government. We have known for a year and a half that we would need a Chief Electoral Officer, and yet the Liberals waited 18 months. They introduced Bill C-33 and let it languish on the Order Paper, and now, at a point in time when the Liberal government has been told directly by the Chief Electoral Officer that they do not have time to implement the changes, the Liberals are proposing to go ahead anyway with this information.

It is for this reason that I move:

That the motion be amended by deleting all the words after the word “That” and substituting the following:

the House decline to give second reading to Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments, since the Bill fails to address the high error rate in the National Register of Electors, and the high rate of erroneous Voter Identification Cards, reported at 986,613 instances in the 2015 election, and does nothing to deal with foreign interference in Canadian elections because the Bill proposes to double the total maximum third party spending amount allowed during the writ period and to continue to allow unlimited contributions in the period prior to the pre-writ period.

[Scott Brison, Liberal, President of the Treasury Board]

moved that Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments, be read the second time and referred to a committee.

Mr. Speaker, I am pleased to begin the debate at second reading of Bill C-76, the elections modernization act.

Our democracy is stronger when more Canadians, not fewer, are able to participate in our elections. Our government believes that democratic institutions and election rules must keep pace with changes in society and the expectations of our citizens. The elections modernization act is an important step forward for our democracy and for the ability of Canadians to participate in and trust our democratic institutions.

The changes we are proposing under the elections modernization act will make the electoral process more accessible to all Canadians, will help modernize the administration and enforcement of election rules, will make the electoral process more secure and transparent, and will protect the integrity of the Canadian electoral system, while better protecting the personal information and privacy of Canadian citizens.

We believe that our democracy is stronger when as many Canadians as possible participate in it.

In 2014, the previous government passed the Fair Elections Act. This was a regressive piece of legislation that former chief electoral officer Marc Mayrand said contained measures that would “undermine [its] stated purpose and won’t serve Canadians well.” One hundred and sixty academics signed a National Post editorial stating that the Fair Elections Act would “damage the institution at the heart of our country’s democracy: voting in federal elections.” The Globe and Mail ran five editorial board pieces, pleading with the Conservatives to reconsider that legislation.

The Harper Conservatives did not listen to reason. They did not pay attention to evidence, and Canadians paid the price. After the passage of the so-called Fair Elections Act, we saw the disenfranchisement of more than 170,000 Canadian voters who lacked sufficient identification. That is according to Statistics Canada. We saw it become more difficult for Canadians to get information about where, when, and how to vote. We saw it became easier for elections lawbreakers to actually evade punishment.

Unlike the Conservatives, we are listening to Canadians. We want Canadians to be able to participate in our democracy.

By repealing the unfair provisions of the Harper government's Fair Elections Act, we are making it easier for all Canadians to vote.

In April, I was pleased to introduce the elections modernization act on behalf of our government. Not only would it undo the controversial aspects of the Conservatives' so-called Fair Elections Act, but it would strengthen our democratic institutions by making voting more accessible to millions of Canadians who have previously faced unfair barriers.

I will illustrate some of the proposed changes by focusing on four groups of voters: Canadians with disabilities, women and men of the Canadian Armed Forces, Canadian citizens living abroad, and those who do not have the identification required under the Fair Elections Act.

To ensure Canadians with disabilities are better able to participate in our democracy, Bill C-76 confirms existing accessibility practices and further requires a combination of measures to be available to all persons with disabilities, regardless of the nature of that disability. Bill C-76 creates financial incentives for political parties and candidates to accommodate electors with disabilities. These could include providing election material in accessible formats or adding wheelchair ramps to campaign offices, as examples. It makes changes to election expense provisions so that candidates with disabilities or candidates who are caregivers for young, sick, or disabled loved ones would find it easier to run for office.

For these individuals, costs related to this caregiving could be paid from either personal or campaign expenses and would not count against spending limits. These expenses would be reimbursed at up to 90%.

Canadian Forces members make tremendous sacrifices defending our democracy. It only makes sense that we make sure they are able to participate in it as well. In the most recent election, 68% of Canadian electors voted. Among members of the Canadian Forces, the participation rate was only 46%. The bill would give Canadian Forces personnel the same flexibility as other Canadians in choosing how to cast their vote.

Canadians living abroad are no less dedicated to our country than those who reside within its borders, yet many are not able to vote. The bill restores voting rights to more than a million Canadians living abroad by removing the provisions that electors cannot have resided outside of Canada for more than five years and must have an intent to return.

Debates in the last Parliament highlighted a fourth group of Canadians who have challenges when it comes to participating in elections. These are citizens who do not have the required identification. The previous government stopped the use of voter information cards as an allowable piece of ID to establish residency. This happened despite Elections Canada's observation that some four million Canadians do not possess a driver's licence. Canadians impacted most by the Conservatives' regressive law change included university students, indigenous peoples, and in some cases seniors who live in long-term retirement facilities.

We will restore voting rights to these Canadians and we will also restore the practice of vouching for identity and residence. This will help bring eligible voters back into our electoral process. Those who vouch for others would continue to be required to make a solemn declaration and would not be able to vouch for more than one person.

Conservatives may try to say that this would make it easier for non-citizens to vote, but that is simply not the case. In his 2011 compliance report for Elections Canada, Harry Neufeld, an independent elections expert, recommended “widening use of the Voter Information Card as a valid piece of address identification for all voters.”

To ensure that only Canadian citizens are able to vote, the bill would authorize the Minister of Immigration, Refugees and Citizenship to provide the Chief Electoral Officer with information about permanent residents and foreign nationals living in Canada. This would help ensure that only Canadian citizens are included in the register of electors and would help to create a more accurate and up-to-date list of voters. The bill would also grant the commissioner of Elections Canada the ability to impose a financial penalty on individuals who vote when they are not able to do so.

Today Canadians are busier than ever. They work irregular hours. They do shift work. They travel for business and pleasure, and they have parenting or caregiver responsibilities that start before dawn and end late in the evening. As a result, more and more Canadians vote at advance polls. We would increase the hours during which these polls are open to provide more flexibility and enable more Canadians to participate in the electoral process.

The bill would restore the Chief Electoral Officer's authority to conduct public education and information activities to help inform Canadians about the voting process. Through the bill, we would empower young Canadians to pre-register for elections so that when they turn 18, they are automatically registered to vote. As well, the bill would make it easier to hire Canadians aged 16 to 18 as election officers, giving them an opportunity to get engaged earlier in the electoral process.

While we are making it easier for Canadians to vote, we are also making it more difficult for elections lawbreakers to evade punishment. The bill sanctions the powers of the Commissioner of Canada Elections and offers a wider range of remedies for enforcement.

Through the bill, the commissioner would again report to the Chief Electoral Officer and would have new powers to impose administrative monetary penalties for minor violations of the law, have the authority to lay charges, and be able to apply for a court order to compel testimony during investigation of election offences.

Budget 2018 would also provide $7.1 million to support the work of the Office of the Commissioner of Canada Elections. This funding would help ensure that the Canadian electoral process continues to uphold the highest standards of democracy.

In 2017, the Prime Minister expressly gave the Minister of Democratic Institutions a broad mandate to enhance the openness and fairness of Canada's public institutions. Part of that mandate is to deal with foreign influence and emerging technologies.

Last year, the member for Burlington, my predecessor and soon-to-be successor in the role of Minister of Democratic Institutions, asked the Communications Security Establishment to conduct a study on cyber-threats to our democratic processes. This first-of-its-kind public report found that there was no evidence of nation states interfering in the 2015 Canadian election, but that there has been an upward trend in cyber-threat activity against democratic processes globally.

We take that report seriously. It found that over a 12-month period, 13% of elections globally had some level of foreign interference. We recognize the seriousness of this threat. We cannot afford to ignore these threats and we have a responsibility to defend the integrity of our electoral system.

We are moving forward to protect our democratic institutions from cyber-threats and foreign interference. In budget 2018, the Government of Canada provided approximately $750 million for the creation of a new Canadian centre for cybersecurity. Budget 2018 also sets aside more than $100 million over the next five years for the creation of a national cybercrime coordination unit. These organizations will bring together expertise from across government, coordinate investigations, and protect and defend our government and democratic institutions from cyber-threats.

Bill C-76 takes a step forward in addressing potential manipulation of social media by prohibiting the malicious use of computers where there is an intent to obstruct, interrupt, or interfere with the lawful use of computer data during an election period.

Current provisions of the Canada Elections Act that deal with publishing false statements are, according to the Commissioner of Canada Elections, unenforceable. The bill before us would narrow the focus to information about criminal records and biographical information. A new provision would prohibit distribution of material intended to mislead the public as to its source.

Most importantly, we are closing the loophole that has previously allowed foreign entities to spend money in Canadian elections.

As a result of news reports earlier this year, Canadians are rightly concerned about the way private corporations use their personal information for political ends. I want to reassure Canadians that in Canada these corporations are already regulated under the Personal Information Protection and Electronic Documents Act, PIPEDA, but that does not mean our work is done. Through this bill, we are requiring for the first time that political parties be transparent about the steps they are taking to protect Canadians' personal information.

Bill C-76 requires political parties to have a publicly available privacy policy addressing a series of privacy issues in terms of how a party collects or gathers data, how it uses data, how it shares data. A party that does not meet these criteria will face deregistration by Elections Canada.

I also hope that colleagues on the procedure and House affairs committee, PROC, will revisit their study on privacy and political parties and provide recommendations on the issue. It was less than a year ago that PROC took a look at this issue and recommended no changes, but I think all members would recognize that the ground has shifted on this issue and that it bears revisiting by PROC. PROC represents all parties, so it makes a great deal of sense for it to be the vehicle to do a deeper dive into this.

Some of the measures in this legislation may be familiar to members of the House, as they were introduced previously in Bill C-33. This underscores the breadth and depth of input and advice that has gone into the bill before us.

This legislation has also benefited from the input of the Minister of National Defence and the Minister of Sport and Persons with Disabilities. I would like to thank them for their work. I want to thank parliamentarians who contributed to this at PROC, and I also want to thank Elections Canada. Eighty-five per cent of the recommendations from Elections Canada after the last election were incorporated into the bill. The report's findings after the last election are very much at the heart of the bill. Again, I want to thank the members of PROC, who conducted a detailed analysis of the Chief Electoral Officer's report.

Our government is committed to strengthening Canada's democratic institutions. We are committed to maintaining the trust of Canadians in our democratic processes. Bill C-76 would advance that agenda, and I urge hon. members to move expeditiously on it so that it can be in place for the October 2019 general election.

[Nathan Cullen]

Here's what confuses me. The bill to make some of these changes, to fix the problems that the government and that we and many Canadians agreed with, to fix the problems in Harper's elections act, Bill C-23, was introduced November 24, 2016, in Bill C-33, and hasn't been seen since. We don't have it at committee. It hasn't passed through the House for debate, yet the government was in court three weeks ago, fighting against a charter challenge of the unfair elections act.

Are you aware of this case?

[Stéphane Perrault]

There are a number of them, including some in Bill C-33, but in our recommendations to Parliament, for example, we've recommended different categories of expenses to be a bit more fair. When you start playing with categories of expenses, then you need to design the systems to analyze the returns accordingly.

[Nathan Cullen]

So it was both the changes that were promised in Bill C-33, which was meant to undo some of the changes made in Bill C-23, the so-called Fair Elections Act—some said “unfair elections act”—plus any changes that this committee proposed after having studied the last election with Elections Canada about how to make the next election secure. Your recommendation to the Government of Canada, to Parliament, was to pass all of those changes through Parliament and the Senate by the end of this month.

[Stéphane Perrault]

That also includes the recommendations this committee has been supporting that are not part of Bill C-33.

[Nathan Cullen]

That's curious.

You talked about the deadline, which you've let us know about. You've let the government know of this deadline. The homework was due in order to have the changes in place. Some of these are very substantive changes. The ones that are contemplated in Bill C-33 include expat voting, Canadians living abroad; your ability, or who does the investigations of potential election fraud; your mandate for public education, which is important; and vouching and ID requirements. Those are all contained in a bill that you said you needed passed by now. Is that right?

[Stéphane Perrault]

It is fair to say that we have been and continue to be quite busy. We have a very tight but clear schedule of the work that needs to be done for the next election. We are working on schedule.

Of course, if changes are coming up, as you've indicated there may be, then we'll have to introduce them into our schedule, so after September, once we've done our testing, we may have to introduce other changes to the system, which is why I'm here today saying time is of the essence. We need to bring forward any legislation if we are going to implement them.

You talked about promoting democracy. As you know, our mandate is limited in that regard. We certainly have been working with youth. We have an inspire democracy program that has been focusing on youth, and we are working toward renewing our civic education program in the lead-up to the election. We will see whether Bill C-33, if I'm not mistaken, has a provision in it to restore the fuller civic education mandate, the public education mandate, to Elections Canada, and we'll see where that goes.

[Stéphane Perrault, Acting Chief Electoral Officer, Elections Canada]

Thank you, Mr. Chair.

It is a pleasure to be back before the committee today to present Elections Canada's Main Estimates for 2018-19. This appearance also provides the opportunity to highlight the calendar of key activities that remain to prepare for the next general election, particularly in light of potential important legislative changes.

Today, the committee is voting on Election Canada's annual appropriation, which is $30.8 million and represents the salaries of some 360 indeterminate positions. Combined with our statutory authority, which funds all other expenditures under the Canada Elections Act, our Main Estimates total $135.2 million.

There are now at most 16 months left before the start of the next general election. Of course, we do not know exactly when it will begin, but there are at most 16 months before the start of the next election, and less time than that for Elections Canada to achieve a full state of readiness, for which our target date is April 2019. We are giving ourselves some flexibility between April and the start of the election in case any last-minute adjustments are needed.

A strict calendar of activities serves to ensure that changes to the electoral process and its administration are well tested before they are deployed and used by some 300,000 elections workers during the election.

I would therefore like to take this opportunity to explain key aspects of our readiness calendar. This is particularly important should legislative changes be introduced late in the electoral cycle.

There are some 40 IT systems that are critical to the services we provide to electors, candidates, and political parties in the context of the delivery of an election. A majority of these systems will be new or will have gone through significant changes for the next general election. The importance of these changes is a reflection of the need to improve services for Canadians as well as renew aging technology and enhance cybersecurity.

I'm glad to say that work on these systems is progressing well. Over this summer, we will be migrating 27 of these systems and associated databases to our new data centre, which is currently being built. The new data centre is essential to provide the flexibility and the security required to deliver the election in the current environment.

Starting September 1, we will subject all systems to a full round of integrated testing that replicates the activities and transactions of a general election.

Through the fall and winter, we will perform necessary adjustments to our systems and rerun testing cycles until we are satisfied that they are capable of sustaining the requirements, volumes, and pressures of an actual general election.

In March 2019 we plan to hold a simulation of the election process in several electoral districts. This is an exercise we did prior to the last general election as well. The purpose of this exercise is to see how the new business processes and technology that will be used at the next general election perform in a simulated setting, including interactions between local offices and headquarters.

By April 2019 we will also have designed, produced, and largely assembled electoral supplies and materials so that they can be progressively deployed to the 338 electoral districts.

Finally, in the spring of 2019 we will then have also trained all returning officers and have completed and tested the training modules for the poll workers who will be hired for the general election. The training program for returning officers is largely delivered online, and must undergo stringent quality assurance and testing processes before it is rolled out to field administrators, more than a third of whom will be new at the next election.

This is our readiness plan under the current legal framework.

Now, as you know, following the last general election, we made some 130 recommendations for legislative improvements. Many have been endorsed—endorsed unanimously, I should say—by this committee. In its response, the government has indicated that it broadly supports the recommendations for change, and has put forward additional proposals for improvements. These are over and above the proposals already contained in Bill C-33 and Bill C-50, which are currently before Parliament, not to mention private members' bills.

Considering the above, it is pressing for legislative changes to be made without delay if they are to be implemented for the next general election.

When I appeared last February, I indicated that the window of opportunity to implement major changes in time for the next election was rapidly closing. That was not a new message. Both Monsieur Mayrand and I had previously indicated that legislative changes should be enacted by April 2018. This means that we are now at a point where the implementation of new legislation will likely involve some compromises. Let me explain.

Should legislative changes be enacted over the coming year, the agency will need to minimize, as much as possible, changes to existing systems and applications. There are considerable risks in introducing last-minute changes to complex IT systems if there is not enough time to test them thoroughly. As indicated earlier, our window for integrated testing is September 2018, therefore there may not be sufficient time to automate new processes. Less optimal paper or manual solutions may have to be used instead.

Moreover, to the extent that legislative changes impact rules for political entities—and I'm referring here in particular to political financing rules—there will be only a short window of time to complete the necessary steps for renewing all of the manuals and consulting with all the parties, as well as the Commissioner of Canada Elections, on the changes being made, as required by law now. The same is also true for instructions required of field personnel. Last-minute updates to poll worker training and manuals reduce the time for quality control and testing in advance of the election.

Of course, Mr. Chair, our mandate is to implement the changes that Parliament decides to enact, and we will find ways to do that if and when legislation is introduced and passed. However, it is also my responsibility to inform you that time is quickly running out. Canadians trust Elections Canada to deliver robust and reliable elections, and we do not want to find ourselves in a situation where the quality of the electoral process is impacted. Should legislation be introduced, we will, of course, support the work of this committee, including informing members of operational impacts and implementation strategies.

Mr. Chair, this concludes my opening remarks. As usual, my colleagues and I will be happy to answer questions that members may have.

[David Christopherson, NDP, Hamilton Centre, ON]

I think they're already past this committee. They haven't even been to this committee. Bill C-33 has got a lot of the big changes. Is this going to be a problem, Chair? I'll leave it open ended, but I've got to tell you there's going to be hell to pay if we went through all that work and Elections Canada is raring to go and that legislation doesn't get through Parliament. You can blame the opposition all you want; you're the majority government; you control the House; you control everything. I'm a little disappointed that one of you isn't confident enough in your own government's ability to pass legislation so you'd give us that assurance today.