Bill C-19 (Historical)

An Act to amend the Canada Elections Act (COVID-19 response)

This enactment adds a new Part to the Canada Elections Act that provides for temporary rules to ensure the safe administration of an election in the context of the coronavirus disease 2019 (COVID-19) pandemic. The new Part, among other things,
(a) extends the Chief Electoral Officer’s power to adapt the provisions of that Act to ensure the health or safety of electors or election officers;
(b) authorizes a returning officer to constitute polling divisions that consist of a single institution where seniors or persons with a disability reside, or a part of such an institution, and to set the days and hours that a polling station established there will be open;
(c) provides for a polling period of three consecutive days consisting of a Saturday, Sunday and Monday;
(d) provides for the hours of voting during the polling period;
(e) provides for the opening and closing measures at polling stations;
(f) sets the days for voting at advance polling stations;
(g) authorizes the Chief Electoral Officer to modify the day on which certain things are authorized or required to be done before the polling period by moving that day backward or forward by up to two days or the starting date or ending date of a period in which certain things are authorized or required to be done by up to two days;
(h) provides that an elector may submit an application for registration and special ballot under Division 4 of Part 11 in writing or in electronic form;
(i) provides that an elector whose application for registration and special ballot was accepted by the returning officer in their electoral district may deposit the outer envelope containing their special ballot in a secure reception box or ballot box for the deposit of outer envelopes; and
(j) prohibits installing a secure reception box for the deposit of outer envelopes unless by or under the authority of the Chief Electoral Officer or a returning officer and prohibits destroying, taking, opening or otherwise interfering with a secure reception box installed by a returning officer.
The enactment also provides for the repeal of the new Part six months after the publication of a notice confirming that the temporary rules in that Part are no longer required to ensure the safe administration of an election in the context of the COVID-19 pandemic.

[Ryan Turnbull, Liberal, Whitby, ON]

I'm sorry. I have to clarify, though, that this amendment makes it so that you can't do certain things until after September 20. That is my understanding.

You're saying both that you're in the process of doing things to get ready now and also that the added powers and amendments to the Canada Elections Act within Bill C-19 are enabling you to do those things.

If an election were to arise at a point before September 20, I guess you would have your hands tied, because you wouldn't actually be able to do certain things until that time. Is that right?

[Michel Roussel]

What I would say on this is that the Chief Electoral Officer is prepared to adapt the Canada Elections Act in the event of an election so that provisions respecting voting in long-term care facilities could be enforced. We have already instructed our returning officers to get in contact with administrations of care facilities and examine the ways in which there can be more flexibility to the voting process as is contemplated in Bill C-19. I am confident that under the current legislation we would make that happen.

[Ryan Turnbull, Liberal, Whitby, ON]

I just want to also clarify that there are powers. The adaptation powers and measures around long-term care facilities come into effect upon royal assent for Bill C-19. I know that those must be extremely important for moving forward. I know this amendment doesn't explicitly deal with that, but the challenge I have with this amendment is that it seems to go contrary to the CEO's ability to actually prepare for an election, which is the whole intent of this legislation, to be as prepared as possible for a pandemic-context election, should one arise. That's my challenge with this.

Maybe I'll ask Mr. Roussel. How important is it to have those powers in place immediately?

As to the other part of my question, my understanding is that you don't have to wait three months. If you can make things happen sooner, you would do that. Would you not? I think it's incumbent upon Elections Canada, within their mandate, to be ready at any time to do this as quickly as possible.

Regarding the timeline of putting this into the bill, it seems very counter to the intentions of the bill. It seems counter to even the mandate of Elections Canada. Would you not agree?

[Daniel Blaikie, NDP, Elmwood—Transcona, MB]

Along that same line, in the event that Bill C-19 did not pass Parliament before the summer, and passed, let's say, sometime in September or October, it would then likely take 90 to 120 days from that point in order to implement the provisions of C-19, or would you expect that these provisions would be implemented by September, whether the bill passes or not?

[Michel Roussel]

Thank you.

I am pleased to reaffirm that. I would add, Madam Chair, that the Chief Electoral Officer had once indicated that it might take at least 120 days to fully and properly implement Bill C-19, so it will certainly be at least 90 days, to reassure the members.

[Peter Kent, Conservative, Thornhill, ON]

I wonder if Mr. Roussel would reaffirm the comment that I believe he made at the last meeting, that to fully implement all of the provisions of Bill C-19, Elections Canada would require the full 90 days.

[Daniel Blaikie, NDP, Elmwood—Transcona, MB]

Mr. Roussel, can you confirm for the committee that when you're talking about Bill C-19—Elections Canada obviously and rightly has an important public health focus—that you don't consider turnout to be part of your mandate? When you comment on C-19, you're not providing comment on whether turnout would be likely to be better under a C-19 regime versus the existing regime.

[The Chair, Liberal, Ruby Sahota]

I call this meeting to order.

Welcome to meeting number 33 of the House of Commons Standing Committee on Procedure and House Affairs, for clause-by-clause consideration of Bill C-19.

The meeting will be webcast on the House of Commons website. Today's meeting is taking place in a hybrid format, pursuant to the House order of January 25, 2021. Therefore, members can attend either in person or remotely using the Zoom application. I'd like to take this opportunity to remind everyone that taking screenshots or photos of your screen is prohibited.

Since I don't see anybody attending in the room, I will just remind everyone who's participating virtually to select your language of interpretation at the bottom of your screen. Ensure that you are on gallery view so that you can see the entirety of the committee. As well, you will have to mute and unmute yourselves throughout the meeting. Please raise your hand on the toolbar below if you wish to speak to an amendment.

(On clause 10)

At our last meeting, we left off with CPC-17.

Ms. Vecchio, maybe we can have you reintroduce it. I know that you already moved CPC-17. If you wish, you can speak to it again, just to give the committee a refresher on that amendment.

[Michel Roussel]

Thank you for your questions.

I would say first that Elections Canada is ready to deliver an election in the current context. We've made good preparation for that. That's the first thing.

Second, Bill C-19 has a lot of provisions to put in place, and we want to do things right. We want Canadians to trust the result of the next election.

I'm not in a position to make any commitments at this stage, and the Chief Electoral Officer would not want me to do that, to make any commitment to deliver things before the deadline that is found in Bill C-19, which is 90 days.

[Daniel Blaikie, NDP, Elmwood—Transcona, MB]

All that is to say that, if not availing himself of Bill C-19 was going to stop the Prime Minister from calling an election, I'd be very happy to support this. However, I don't think that's really factoring into his decision, unfortunately. I want to be in a position where, if there is an election called, this law can apply.

[Manon Paquet]

Clause 7 is in consequence to a change in the number of polling days. They are transitional provisions with respect to the reporting of third parties. After clause 6 comes into force and the repeal of part 22, it would allow for the transition from the three-day polling period back to a one-day polling period after Bill C-19 is no longer in effect.

[The Chair, Liberal, Ruby Sahota]

Okay. This amendment seeks to amend sections 266 and 278 of the Canada Elections Act. House of Commons Procedure and Practice, third edition, states on page 771:

...an amendment is inadmissible if it proposes to amend a statute that is not before the committee or a section of the parent Act, unless the latter is specifically amended by a clause of the bill.

Since sections 266 and 278 of the Canada Elections Act are not be amended by Bill C-19 and no prior amendments have been adopted that would necessitate amending them, it is therefore the opinion of the chair that the amendment is inadmissible.

[Ryan Turnbull, Liberal, Whitby, ON]

Just very quickly, I think C‑19 already, if I'm not mistaken, has within it that flexibility. If someone had registered for a special ballot and then wants to go in and physically vote at a polling location, it is already included. At least in the kit that was provided to us, it does require that an elector must attest that they have not already voted, sign a declaration to that effect or return their special ballot kit in person at their polling station or returning office. If I'm not mistaken, that's already in there. I think that provides the reassurance that the members opposite are looking for.

[The Chair, Liberal, Ruby Sahota]

I find that this is beyond the scope and the principle of the bill, because the amendment seeks to add the term “polling station”, among other things, to documents provided by Elections Canada or for statistical purposes. The addition does not seem to address the question of enhanced health and safety of electors or electoral officers.

The amendment also amends a section of the parent act not amended by the bill. Bill C-19 does not touch upon this aspect.

Ms. Vecchio, would you like to move to the next one or...?

[Alain Therrien, Bloc, La Prairie, QC]

Honestly, I thought this would be ruled out of order, because of the nature of Bill C‑19, which aims to guarantee election health safety. Perhaps Mr. Blaikie can explain it to me, but I don't see the connection between this amendment and elections in pandemic times.