Bill C-16 (Historical)

An Act to amend the Canada Elections Act

This enactment amends the Canada Elections Act to provide that, subject to an earlier dissolution of Parliament, a general election must be held on the third Monday in October in the fourth calendar year following polling day for the last general election, with the first general election after this enactment comes into force being held on Monday, October 19, 2009.
The enactment also provides that the Chief Electoral Officer may recommend an alternate day if the day set for polling is not suitable.

Business of the House

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons and Minister for Democratic Reform]

Mr. Speaker, I believe that the opposition House leader takes a very broad view of the definition of technical. However, we hope that Bill C-16 will progress and will be approved in a form that is appropriate and reasonable to approve and that we will have it here to deal with in the House quickly. That has not happened yet, however, and therefore today we are going to continue with the Liberal opposition motion and the business of supply.

Tomorrow we will continue debate on second reading of Bill C-35, which is the bail reform bill. This is one that has been the subject of positive words from the opposition, and we hope that we will be able to move to unanimous approval.

That would allow us to get on with other issues such as Bill C-42, the Quarantine Act; Bill S-2, hazardous materials; Bill S-3, which deals with defence and justice matters; and Bill C-33, which is an Income Tax Act item.

On Monday, we will be having day three of the budget debate. On Tuesday, we will have the final day of the budget debate.

On Wednesday and Thursday we will continue with the unfinished business from this Friday, including hopefully, the addition of Bill C-10 dealing with mandatory minimum penalties, which I know the opposition House leader will want to add to his package of justice bills he wishes to enthusiastically support.

On Friday, March 30 we will begin debate on the budget implementation bill.

I would like to designate, pursuant to Standing Order 66(2), Wednesday, March 28 for the continuation of the debate on the motion to concur in the 11th report of the Standing Committee on Agriculture, and Thursday, March 29 for the continuation of the debate on the motion to concur in the second report of the Standing Committee on Health.

There is one further item that the opposition House leader raised which was the question of the labour bill. I believe he heard a very generous offer from the Minister of Labour today. I believe the ball is now in the opposition's court on this.

[Ralph Goodale, Liberal, Wascana, SK]

Mr. Speaker, I wonder if the government House leader would be kind enough to indicate to us his business plan to carry through for the next week right up until the Easter break.

Specifically in that report, I wonder if he could indicate his plan with respect to what was Bill C-55 and is now Bill C-47. Opposition House leaders have been asking about this bill for some time now. We have been asking for a report from the Minister of Labour as to exactly what is wrong with Bill C-47 and how the Minister of Labour proposes to correct it. The minister made some favourable comments in question period a few moments ago, so I wonder if the House leader could indicate if we will see that bill in the properly revised form within the course of the next 10 days.

Second, I wonder if the minister could tell us about Bill C-16, the bill dealing with the timing of election dates. I understand that is subject to a technical amendment in the other place today. I wonder if the government House leader would give us the assurance that the unelected Conservative senators in the other place will not delay that bill. Perhaps we could deal with it tomorrow or at the beginning of next week.

Electoral Reform

[Pauline Picard, Bloc, Drummond, QC]

Mr. Speaker, I am pleased to rise today to speak on Motion M-262 put forward by the hon. member for Vancouver Island North. I thank her for having proposed this motion.

First off, let me say that the Bloc Québécois will not be supporting this motion proposed by the hon. member for Vancouver Island North because it duplicates the work done by the Standing Committee on Procedure and House Affairs.

Considerable work has been done, and the committee has expended a great deal of time and energy as well as taxpayers money to produce its 43rd report, pursuant to the order of reference of November 25, 2004, that, further to the Address in Reply to the Speech from the Throne, the Standing Committee on Procedure and House Affairs recommend a process that engages citizens and parliamentarians in an examination of our electoral system with a review of all options.

In March 2005, members of the committee divided into two groups and travelled to several countries in order examine at first hand the experience of electoral reform and to see how those countries had consulted and engaged citizens in the reform process. Seven members travelled to Scotland, England, and Berlin, while six other members travelled to New Zealand, and Australia. During these trips, the members had the opportunity to meet with a wide variety of politicians, academics, representatives of political parties and electoral commissions, and persons involved with electoral reform, and to study at close hand the systems and reform processes used, if any.

The committee approached this study resulting in the 43rd report by hearing from a number of witnesses. These included representatives of the Law Commission of Canada; representatives from various groups involved with public policy; academics who have studied issues relating to electoral reform and public consultations; and representatives of various provincial initiatives involving reviews of electoral systems. All of these individuals and groups have been extremely helpful in providing members of the committee with valuable insight on how to approach the issue of electoral reform, the ways in which to review the existing electoral system, and how best to consult with and engage citizens.

Moreover, a call for tenders for public consultations on Canada's democratic institutions and practices went out on January 9 in response to the April 4, 2006, Speech from the Throne, which stated that:

Building on the work begun in the last Parliament, this Government will seek to involve parliamentarians and citizens in examining the challenges facing Canada's electoral system and democratic institutions.

The consultations will address various issues, including political parties, the electoral system, the House of Commons, the Senate, and the role of citizens. These consultations are to begin March 9, 2007, and an interim report is to be tabled by May 23.

The motion tabled by the member for Vancouver Island North proposes a number of elements already included in Bill C-16, An Act to amend the Canada Elections Act, and in Bill C-31, An Act to amend the Canada Elections Act and the Public Service Employment Act. Let us take a look at some of these elements.

Bill C-16 would relieve the Prime Minister of the prerogative to call a general election at the most auspicious time for the political party in power.

This bill has other positive spin-offs. It supports the work of Parliament by enabling elected representatives to better plan their work and by preventing elections from interfering with the adoption of the estimates. It also promotes voter participation. Contrary to what the Conservative government would have us believe, democratic reform as set out in Bill C-16 will not lead to an upheaval because it will not bring major changes to the status quo.

In a minority government, the opposition will still be able to overthrow the government and trigger an election at any time because this bill does not challenge the fundamental principle that a majority of parliamentarians can decide to trigger an election if they feel it is necessary.

A fixed election date system only works if the government in power agrees to it. Since the Prime Minister retains the right to recommend that Parliament be dissolved at any time before the fixed date, he can call an election whenever he chooses, with a good reason to do so.

The other element in motion M-262 relates to Bill C-31, which seeks to reduce the opportunity for fraud or error, improve the accuracy of the national register of electors, facilitate voting and enhance communication between election officials, candidates, parties and voters.

Bill C-31 was the product of close cooperation among the political parties. The government listened to the opposition parties when it introduced Bill C-31. The Conservative government should take the same approach to other issues, instead of stubbornly pushing its law and order agenda, and it should listen to the Bloc Québécois, which is calling for rehabilitation rather than repression. Moreover, instead of insisting on dismantling the gun registry, the minority Conservative government should listen to the Bloc Québécois, which is calling for better control over the registry costs.

As I have already said, the purpose of this bill was to improve the integrity of the electoral process by reducing the opportunity for fraud or error. As a member of the Standing Committee on Procedure and House Affairs, I participated in the work leading up to the introduction of this bill in the House of Commons, so I can say that a lot of work went into it.

The committee includes representatives of each political party, all of whom cooperated effectively, thus enabling us to achieve our goal of improving the electoral process and strengthening the public's faith in it.

The bill also proposes another change that the Bloc Québécois has long been calling for: assigning each voter a unique identification number. This unique identifier will appear on the voters' lists, eliminating duplication and making for better lists. It is important to point out that this unique identifier will be randomly generated and assigned by the chief electoral officer.

In our opinion, other concerns are more pressing that motion M-262, such as the fiscal imbalance, which the Bloc Québécois, on behalf of all Quebeckers, is calling on the government to correct by transferring $3.9 billion to Quebec.

There is also the crisis in the manufacturing sector. The Conservative government's economic laissez faire approach is no response to the challenges manufacturers face to modernize, innovate and equip themselves better in order to compete with foreign companies.

These are just a few of the issues that we think are more urgent than creating a special committee to continue the work of electoral reform, because, as I said a few minutes ago, that work has already been done, and at a considerable cost.

[Scott Reid, Conservative, Lanark—Frontenac—Lennox and Addington, ON]

Mr. Speaker, the gist of my presentation today will be to point out that in view of the very aggressive set of initiatives already introduced by the government on the subject of electoral democratic reform, both in this chamber and for application to the upper House, the motion by the hon. member for Vancouver Island North is effectively redundant.

I want to start my comments by pointing out that the government in its throne speech indicated that it was going to focus intensively on the challenges faced by Canada's electoral and democratic systems. This was done in part in response to the 43rd report of the Standing Committee on Procedure and House Affairs in the last Parliament.

Seeing as the New Democrats are talking about the report of this committee as if it is holy writ or, indeed, brought down from Mount Sinai by Moses, I note that in fact it was not; it was brought down by a group of us, including me.

Let me just read for members what the report said, because it does not say quite what the New Democrats represent it as saying. It states that a “citizens' consultation group”, along with the parliamentary committee, should:

--make recommendations on the values and principles Canadians would like to see in their democratic and electoral systems...[this] would take into account an examination of the role of Members of Parliament and political parties; citizen engagement and rates of voter participation, including youth and aboriginal communities; civic literacy; how to foster a more representative House of Commons, including, but not limited to, increased representation of women and minorities, and questions of proportionality, community of interest and representation;....

Some of this is being taken care of through the citizens' consultation process that is currently under way, as the government has announced, and which has a much broader mandate than what the hon. member is proposing in her motion, but it is a mandate that reflects accurately what was proposed by this committee when it made its report in June 2005.

Indeed, we have made sure that the consultation group reflects what the committee wanted. At the time when I sat on that committee, I was not a fan of that process, but Ed Broadbent, who is constantly cited in the NDP's arguments, spoke in favour of that particular type of process. I said that we would have the usual suspects showing up at this process, and he said, “Sure, it will be the usual suspects, but they have a lot to say, and it is a good process”. The committee voted for it and the government is following through on the recommendations of the committee.

Now the New Democrats have discovered that they really favour another proposal, the citizens' assembly proposal, which Mr. Broadbent fought against vigorously when it was brought up by the Conservatives and which is why the Conservatives put a dissenting report advocating that proposal into the 43rd report of the procedure and House affairs committee. Thus, when the NDP members refer back to this through a revisionist version of history, we must recall that it is a little bit different from the way it actually worked when it happened.

I now want to list some of the legislative initiatives that the government has moved forward with on the subject of democratic reform, because this is really an extraordinary push forward. We are doing more on this issue than any previous government has ever done.

I will start by pointing to the Federal Accountability Act, which changed the rules for financing. It made them much more restrictive, eliminating corporate and union donations and reducing individual donations to $1,000 per capita, ensuring, in other words, that money and affluence are not the determining factors in financing political parties, and therefore ensuring that parties can operate on a level playing field.

We have moved forward on a number of items that deal with making the electoral system fairer, such as Bill C-31 to get rid of electoral fraud, a bill that the NDP opposes although all other parties in the House support it. It is a bill that will do a great deal to make the system much fairer and will ensure that no Canadian is disenfranchised, because electoral fraud disenfranchises everyone who is affected by a vote outcome that can be determined fraudulently, and that is a real problem.

The increased electoral fairness through Bill C-16, which is now in the Senate, having been passed by the House, will ensure that elections occur once every four years, not when the Prime Minister chooses to call them based upon whether his or her party is high in the polls. That was a terrible wrong. It was abused by the previous government repeatedly. This initiative will ensure that it is not abused again. This follows, of course, a series of legislative initiatives adopted at the provincial level, first in British Columbia and then in Ontario, to ensure that provincial elections are also on fixed four year dates.

We have also moved forward on Senate reform. Bill S-4 limits the tenure of senators to eight years. We are having a tremendous problem getting that bill through the Liberal controlled Senate. The government has initiated this bill. It makes sense. It is going to ensure that senators are not effectively appointed for life. Frankly, this is the first time we have seen any serious attempt at Senate reform in the history of this country.

Bill C-43, An Act to provide for consultations with electors on their preferences for appointments to the Senate, would allow for elections of senators. They are called consultative elections because we have to respect the constitutional prerogative of the Governor General to appoint senators.

That bill is interesting not only because it would allow for democracy to finally reach into the Senate and elections to occur within the Senate, but elections under this legislation would not be by means of the first past the post system. Rather elections would be by a single transferable vote system, in short, a proportional system that attempts to ensure that broader preferences come forward and are represented in choosing a senator. It would have the same effect in the Senate as what occurs in the Australian senate, for example, which uses a similar system where a broader range of preferences is expressed. This is a tremendous step forward.

I find it interesting that when talking about proportional representation the New Democrats always take great pains to avoid talking about the one piece of electoral reform legislation that is actually before the House right now, the attempt to introduce proportional representation in the upper house of Canada. In listening to the New Democrats talk about this, one would think there is nothing going on there at all and that it is not worth discussing.

Focusing on something that can happen right now in this Parliament is very important. The issue came up when the member for Elgin—Middlesex—London introduced a motion in the procedure and House affairs committee last week asking that the committee consider a variety of democratic and electoral reform issues, including the issue of proportional representation in the upper house. The New Democrats on the committee voted against it. They ensured that the motion would be defeated.

I do not detect a pattern of behaviour that is logical and actually beneficial toward moving forward on the democratic reform file. The New Democrats are trying to focus on a single hobby horse in a way that suits their interests best.

I find it interesting that Ed Broadbent advocated the idea of electoral reform. During the election campaign when the New Democrats released their election platform, that party moved from favouring more proportional representation as a general theme and letting Canadians look for the best solution, to directly choosing the solution that would be given to Canadians, the multi-member proportional system.

That system has some merits. That system is used in Germany and New Zealand, both of which are respectable democracies, but it not the only available proportional system. For example, it is not the system used in Australia's upper house, which is proportional. It is not used in Malta or Ireland. All of those countries have a single transferable vote system. It is also not the system used in Australia's lower house which uses the alternative vote system. It is not the only proportional system, but it was the only one that the NDP wanted to advocate.

The New Democrats were actually advocating it. They were saying it was essential to move from our system to that system when the MMP system, the multi-member proportional system, had just been defeated in P.E.I., where it received less than 40% of the vote, and an alternative system, the single transferable vote proportional system, had been adopted by almost 60% of British Columbians in another referendum.

We have to be careful. When we look at what the New Democrats are proposing we have to ask ourselves, do they favour proportional representation? Do they favour changing the electoral system in a way that reflects what Canadians want, which means maybe not choosing that system up front, or do they favour the system that is likely to produce the best result in terms of numbers of seats for New Democrats if their vote total does not change? In other words, the NDP is saying, “Without actually changing our appeal to the Canadian people, how can we get more seats in the House of Commons?”

That is not a beneficial approach. We have to work on allowing Canadians to make these decisions themselves.

Canada Elections Act

[Peter Van Loan, Conservative, York—Simcoe, ON]

It is only 66 words long, Mr. Speaker, that is all, but the Liberal-dominated Senate continues to delay and obstruct something that their own leader claims to support. Despite the fact that the leader of the Liberal Party, the hon. member for Saint-Laurent—Cartierville, advocates fixed terms for senators, his Liberal colleagues in the other place just will not listen to him. He just cannot get it done.

I hope this bill will not meet the same fate, because it of course also enjoys the support of the opposition here in the House of Commons. I hope opposition members will be able to persuade their Senate colleagues to support it as well.

Before I turn to the benefits of this bill, I do want to express my thanks and gratitude to the member for Niagara Falls, the Minister of Justice. It is because of his work as the former government House leader and minister for democratic reform that we now are in a position to advance this very important bill.

On January 4, the Prime Minister reaffirmed our government's commitment to make our country's institutions more democratic and more accountable. Bill C-31 is just one of the government's very robust democratic reform agenda items. It is an agenda based on bringing accountability and integrity to the institutions and processes of government.

We have successfully passed the federal Accountability Act. Oddly, it was another bill that was held up for almost a year in the process, but we finally got it through. That bill brought about important changes to political financing to eliminate big money from our electoral system.

As I indicated, we have passed Bill C-16 on fixed election dates through the House of Commons. Never again will the government of the day be able to play around with the date of an election for its own crass political motives.

We also have introduced Bill S-4 to limit senator's terms to eight years. It is a concept endorsed by the Leader of the Opposition. We would like to see it become law. We would even like to debate it in this House. That has not happened yet, but we would like it to come out of the Senate so we can consider it.

I fully encourage the Leader of the Opposition to stand up and use the full force of his leadership. I know how strong that full force of leadership has been. As is evident from indications in the past few weeks, it is not that strong, but I would encourage him to muster all the strength he has to get it through and out of the Senate and to tell his colleagues to follow his lead. We would be happy to deal with it.

We of course have also introduced Bill C-43, which is a bill to consult Canadians on who they would like to see representing them in the Senate. Right now, of course, terms can be as long as 45 years, and those people can be appointed by the Prime Minister without any consultation. They have been in the past, which is perhaps why we have a Liberal-dominated Senate that will not allow the will of the House of Commons and Canadians to prevail.

We would like to have an opportunity to ask Canadians who they would like representing them in the Senate. That is another one of our objectives. That of course would reform our system and Parliament in a more democratic and more accountable way. Everyone knows that our parliamentary institutions are the foundation of our democracy and, as such, they must be democratic. We have a responsibility to ensure they continue to operate well for the benefit of Canadians.

With this in mind, as the current Minister for Democratic Reform I feel privileged to rise to speak on this bill today.

Bill C-31 makes a number of operational improvements to the electoral process and the Canada Elections Act. It is aimed at improving the integrity of our elections. It implements almost all of the recommendations of the 13th report of the Standing Committee on Procedure and House Affairs, a report which was agreed to unanimously by committee members from all parties. The same committee reported the bill with some amendments to fine-tune it on December 13.

In short, Bill C-31 is about simple solutions that will yield tangible improvements to the integrity of our electoral system.

Most of these amendments to the Elections Act were originally recommended by the Chief Electoral Officer, who has had on the ground experience in administering elections. All of these legislative changes were endorsed by the Standing Committee on Procedure and House Affairs, comprised of members of Parliament with real on the ground experience as candidates. A number of the changes may seem small, but collectively they will lead to real results that will improve the integrity of our system.

First, I want to speak about improvements to the national register and list of electors. We have proposed, for instance, amendments that will improve the accuracy of the national register of electors and, by implication, the lists of electors used by each of us during electoral campaigns.

As most will recall, the national register replaced the door-to-door enumeration that used to occur up to 1997. It is from this register that permanent voters' lists, as some of us call it, are generated.

We all know the importance of these lists for engaging our constituents in a campaign and for encouraging them to vote. We have all experienced the challenges that have been faced by Elections Canada in maintaining a database of such a large size in a country growing so rapidly where mobility is so high.

Over the years, Elections Canada has taken strides to improve the quality of the register, but the Chief Electoral Officer has requested more tools to allow for greater improvements and efficiencies. Bill C-31 gives him those tools. For example, we have all seen the box on the front page of the income tax return that allows Canadians to consent to have their name, address and date of birth shared with Elections Canada for inclusion in the register.

Unfortunately, the Chief Electoral Officer has found that a lot of non-citizens who are not entitled to vote are checking the box and making the information less reliable.

Bill C-31 provides the authority to change the question on the income tax form and make it clear that it only applies to Canadian citizens and only they should check it off. This will improve the reliability of the information received, enhance the accuracy of the register and, in turn, improve the quality of the voters' lists. It is a simple change. It will produce real results by ensuring that only eligible voters will have their names placed on the voters' list.

Similarly, Bill C-31 allows income tax returns to be used to inform Elections Canada of deceased electors, so those names can be removed from the register more quickly.

In addition, the bill updates statutory authorities to allow returning officers to update the register and the list of electors, to clarify the ability of the Chief Electoral Officer to exchange information with provincial electoral authorities, and to permit the Chief Electoral Officer to use stable identifiers that will make cross-referencing of information on electors more efficient.

Each of these reforms will contribute to a better, more up-to-date national register and in so doing improve the integrity of the lists.

Another element of this bill would improve the ability to communicate with the electorate, which is of course a fundamental cornerstone of our democratic system. These reforms are designed to allow candidates, parties, election officials and the electorate all to engage in a dialogue. That is what makes democracy work.

Election officials, particularly returning officers, will have access to apartment buildings and gated residential communities to carry out their functions.

It will therefore be easier for them to conduct a targeted revision of the list of electors by going to electors in areas of high mobility and low registration.

It will also be easier for candidates to meet electors because they will have better access to gated communities and areas open to the public, such as malls, to campaign.

Taken together, these reforms will help the electorate become better informed and enable voters to become more familiar with local representatives and the political process.

A third set of reforms in this bill would improve the accessibility of voting by those who are entitled to vote. For instance, many Canadians are using advance polls to cast their votes rather than waiting until polling day. That is critically important if we are to see the turnout increase or at lease reverse the decline in turnout that has been happening until recently.

Bill C-31 will allow greater flexibility to establish more advance polls when circumstances warrant. This is of particular benefit for large ridings and remote areas, where advance polling districts can be very large and hard to access for some residents. This bill will go a long way to improve access for voters and will lead to increased voter turnout across this country.

One of the things that has saddened many of us who care a great deal about democracy is that at the same time as we have seen a decline in community involvement in all kinds of activities, we have seen that decline in the voter rate. That decline in voter participation is a bad thing for our democracy. We want to see Canadians engaged in their process. We think it is important that voter turnout increase.

All of us in the House of Commons have to explore ways in which we can work to improve voter turnout. If allowing more advance polls is one way to do it, as Bill C-31 opens the door to doing, that is something that we should be doing.

I encourage all members of this House to take that step in the right direction to reversing the decline in voter turnout and encouraging more Canadians to vote, encouraging more Canadians to have a real stake in our electoral system and to participate in that way.

On another subject, one of the most significant sets of changes in this bill addresses potential voter fraud. Like all the reforms that I have discussed, these amendments protect the integrity of the electoral process. The fundamental democratic principle of our electoral process is that only those entitled to vote should vote and they must vote only once.

During meetings of the House Standing Committee on Procedure and House Affairs, it was clear that most of the members had heard of times when this principle was violated. Every time that happens, voter confidence in the electoral system and its integrity is shaken and an eligible voter is deprived of the right to vote.

Bill C-31 takes action to reduce the opportunity for voting fraud through a very simple step. It amends the Elections Act requiring Canadians to show identification for voting. Rather than only stating one's name and address, which is all someone has to do right now, a voter will have to provide some kind of proof of their identity and residence before receiving a ballot.

I cannot say how many times voters have come to me and said they could not believe that they were not asked for any identification and that anybody could have voted in their place. I think most of us have probably heard stories of folks who have gone to vote and found out that somebody had already voted claiming to be them. We all hear those stories and they are alarming. This change will put an end to that.

The change applies to people who are already registered to vote and are on the list of electors. I should stress that under the current system those who are not registered to vote must already show identification to register at the polls. We are simply making that requirement a uniform requirement. Simply put, the bill requires individuals to prove who they are and that they are who they say they are before they vote.

The federal voter identification process will be modelled on similar procedures in Canada and in other countries, such as those in Quebec and a growing number of municipalities across the country. It will improve the integrity of the process and reduce opportunities for electoral fraud, which can have an impact on very close election results.

In turn, this reform will, like the other measures I have discussed, enhance the integrity of our system and the confidence of the people in that system. This is what this bill is all about, the integrity of our electoral process, which is something in which we all have a stake.

In closing, as Minister for Democratic Reform, I am excited about this bill because it provides tangible and real results for Canadians. Without a well functioning electoral machinery our democracy will not work. All hon. members will agree that the machinery must be regularly maintained, updated, renewed and modernized, and it is our duty as parliamentarians to do that work.

The progress of Bill C-31 is an ideal example of how that work should be done. The genesis of the bill was a parliamentary committee report that was agreed to by all the members of that committee, including the representatives of the New Democratic Party. The government responded with legislative action. We have worked with the other parties in fine tuning the bill after hearing from a number of witnesses in committee. It is truly a multi-partisan or non-partisan effort designed to improve the integrity from which all of us will benefit.

If our electoral system is held in a higher regard, all of us will be held in a higher regard and to the extent that confidence is lacking, all of us suffer as parliamentarians. That is why I think the spirit in which this has gone forward is a positive one and what this bill does is positive.

I hope that the House will pass this bill quickly so that it can come into force as soon as possible. I urge my colleagues on both sides of the House to join me in supporting Bill C-31.

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons and Minister for Democratic Reform]

moved that Bill C-31, An Act to amend the Canada Elections Act and the Public Service Employment Act, be read the third time and passed.

Mr. Speaker, I am pleased to speak in favour of Bill C-31. I strongly encourage all hon. members to join me in passing this bill by the House in order that it may come into effect as soon as possible after it is passed by the Senate.

I would hope that senators would not unduly delay passage of this bill, unlike two other bills, Bill S-4 to limit Senate terms, and Bill C-16 to establish fixed dates for elections, both of which have already passed in this House.

I would note that it has now been 258 days since the bill to limit Senate terms to eight years was introduced, 258 days that it has gone without a second reading vote. Every single day it comes up in the Senate, the Liberal-dominated Senate obstructs it by delaying it and voting for adjournment.

Federal Accountability Act

[Paul Dewar, NDP, Ottawa Centre, ON]

Mr. Speaker, I will begin my comments by following up on the point the member for Cambridge was enunciating on cleaning up politics. It is a pleasure to again speak to a bill that we worked hard on and to which I have personally contributed on the committee.

I will begin with the title of cleaning up politics because that is the title of the document put forward by my predecessor, Ed Broadbent, before the last election. The document is entitled “Cleaning up Politics: Demanding Changes in Ethics and Accountability”. The seven point plan that Mr. Broadbent put forward is pretty straightforward but still a little elusive, notwithstanding some of the important things that have been brought forward.

The first point was to have democratic accountability for MPs. What he was referring to was that no MP should ignore the wishes or intents of his or her voters for personal gain. What he was talking about is that MPs should not be able to cross the floor simply so they can be vaulted into cabinet. It is important to note that he was not talking about the present government. He was talking about the previous government. That is something we were not able to attain in this bill but we will continue to fight for that because the basic premise of democracy is not to have MPs cross the floor at their will and for their personal gain. It must stop. The government in Manitoba is putting forward a bill that will do that and the Government of Canada should do the same.

The second point on his list was fixed election dates. I am glad to say that Bill C-16 is on its way. Hopefully it will pass through the Senate a little easier than Bill C-2 will, for the sake of all of us.

The third point was to have transparent leadership contests. A certain member of the Liberal Party, who went on to become the leader of the Liberal Party and the prime minister, was able to raise $12 million for his leadership campaign. Some would say that the $12 million were not necessary because, as we all know, it was not much of a contest. However, before the government gets too high on its horse, the present Prime Minister spent $2.7 million for his leadership contest. It seems like a bargain by comparison but, nonetheless, we need to have less money injected into the body politic and take the money out of politics. We saw what kind of effect that can have on the body politic in the most recent American elections.

The fourth point was real electoral reform. We will continue to fight for this. We do not believe that what we have seen with the unelected Senate is anything that anyone can be proud of and it is certainly showing that our democratic institutions need an overhaul. One of the things we have put forward, following along many reports going back to the Pépin-Robarts report and others, is the need to change our democratic institution so it is reflective of the will of the people. We can look at perhaps a first past the post system with proportionality, such as they have in New Zealand, Scotland and, in fact, in most of the rest of the world save two other jurisdictions.

The fifth point was to end unregulated lobbying. I am pleased to say that there are changes in Bill C-2 about lobbying. I am sad to say that there are some amendments being put forward by the Senate to change that. What seems to be elusive is what my colleague, Mr. Broadbent, put forward, which is that we deal with firms that act as both lobbyists and government consultants. This is a conflict of interest as they are playing both sides of the street. We saw that with the previous government and we do not want to see that happen in the future. If a firm is working for government one day, the firm should not be able to turn around and lobby the next day. It creates a perception of influence peddling, and we have seen examples of that before.

What we need to still deal with is the fact that lobby firms, public relations firms, must have clear rules in front of them for the sake of our democratic institutions and we need to ensure it is understood that government is here to serve the people and not the friends of any particular party. Sadly, Bill C-2 does not end that type of lobbying and we need to continue to work on that. We provided amendments but they were ruled out of order.

The sixth point on Mr. Broadbent's list was ethical appointments. Just recently a panel of experts looked at reforming the National Capital Commission here in Ottawa. It should be noted that the National Capital Commission, which goes back to 1959, was always an appointed body based on who one knew and on political patronage. We hope that will change but it should not be based on a whim. It should be based on a structure so that appointments can function properly.

We proposed, and the bill does have amendments, to have a public appointments commission. Those amendments were taken from Mr. Broadbent's work on ethical appointments. We believe we should toss out the whole idea of patronage when it comes to appointments. With a possible 4,000 appointments, we believe it is dangerous to allow them to be motivated by politics. In fact, they should be motivated by merit to serve Canadian people and not to serve any political party which, sadly, was the case, not just with the previous government but back all the way to Macdonald. Canadian history is littered with problems in and around political appointments.

The commission that my colleague from Winnipeg worked on and was derived from Mr. Broadbent's idea makes sense. As was mentioned earlier, the government had concerns about the person it tried to appoint to fulfill this job. The problem was not necessarily with Mr. Morgan's abilities to do the job but with the way in which it was being done. We had in front of us a bill that would change the appointments process and the government tried to cut off the process and appoint its own person but then cried foul when it was not accepted.

The point was that we had a bill before the House which talked about a public appointments commission but the government decided it knew better and wanted to appoint its person who, quite rightly, was rejected. It was not because of the person himself or his merit. It was because the government put forward someone ahead of a bill that was in front of Parliament to create a public appointments commission. On another day I could give my opinion on that person for that job, but I will leave that.

We need to have a public appointments process and that brings in ethical appointments. It is too important for Canadians and for the body politics.

The final point Mr. Broadbent put forward was to reform the access to information and, my gosh, do we need work there. We have problems presently with the government. I recently had an access to information on something that was not controversial and I received three lines and 18 pages blanked out. I wondered if something as controversial as a museum was actually of note to the security of the country and puts us all in jeopardy. Apparently it does and one of the problems is that the Access to Information Act is too limited, too controlling and does not serve Canadians well. We clearly need to change that.

We need to ensure light is shed on government and that we have a window on the decision making of government, not simply to allow people who want to be critical of the government, while that is important, but to allow anyone who wants to understand how government works and the motivations behind policy and, quite frankly, being able to form policy, are allowed to have their voices heard by way of knowing what the decisions were of the government. There are changes in Bill C-2 but we need a heck of a lot more.

I want to talk about some of the things that we were able to provide and propose as a party. We did not oppose the idea of Bill C-2. In fact, in principle we supported it in committee and where we thought changes were needed we proposed alternatives. I already mentioned our proposal for the public appointments commission which was accepted as amended and put into the bill. One of the things I put forward was to ensure that all contracts of $10,000 or more be on the public record. We had to fight to get that in but it is in Bill C-2.

One concern Canadians had with the previous government in the sponsorship case was contracts without a paper trail. Often we did not know who was providing the service or what that service was. One of the amendments the NDP put forward in the area of procurement was to ensure that all contracts of $10,000 or more would now be on the public record. I would have preferred that it had been a lesser amount, but that is what we agreed to on compromise. Now any Canadian can find out who is providing a service to the government and who is getting the contracts. They will know if they are getting value for their money.

The NDP believes fundamentally in lowering the donation that people can make to $1,000. Sadly, in the amendments before us, the Senate has deemed it in its infinite unelected wisdom to change that to $2,000. I know this was something the Liberal Party preferred. I think most people would agree that $1,000 is fine and reasonable. We would like to see that amendment defeated. No constituent of mine has called me to ask me to ensure the donation limit is increased from $1,000 to $2,000. In fact, I would submit that any member of the House could go out and claim that was a good idea in a town hall meeting or in a householder.

The NDP also believes it is important to strengthen the whistleblowing protection in the act. Before I was elected to this place, I worked with many people in the community around whistleblowing. When Bill C-11 was before the House, it was not sufficient. I was delighted to see it was not proclaimed because it was not good legislation, as some might have suggested. In fact, people who had been negatively affected as whistleblowers were adamant. They said we needed to change those parts of the whistleblower protection act to ensure it reflected their concerns. That has been done and I hope we will not tinker with that.

Conflict of interest rules allowing Canadians to make complaints to the new conflict of interest and ethics commissioner is something we have provided by ensuring that positive propositions were added to Bill C-2.

The protection of first nations' rights within the act is something I personally moved through committee to ensure they were not sideswiped by something that was not about them. First nations were almost folded into the equation when they should not have been.

The NDP amended the bill to ensure we not only changed the appointments process, but in effect changed the whole notion of patronage. If there is one thing, as my colleague from Winnipeg has said, we should ensure that the public appointments process remains in the bill.

The way appointments were done in previous governments was via a telephone and a Rolodex and who was known in the PMO. Those days are gone, fineto, adios. Canadians have been clear that this kind of politics is not only admonished, but it is something that will not be accepted. I challenge anyone in this place to go out and debate the need to bring back patronage appointments in our democratic system and our democratic framework. Thankfully those days are gone.

We need to ensure we have a clear understanding of the bill. It is not about getting a pound of flesh. If it is about that, then I suggest members have missed the point. If the government or any of the opposition parties are trying to exact revenge with this bill, then they are clearly misguided. Canadians are tired of it. We do not need to deepen the cynicism of politics. In fact, what the opposition is trying to do is to ensure there are clear rules so we can build back the trust that has been lost with Canadians.

Recently I saw some appointments that caused me concern. The Conservative government has appointed someone to the Natural Sciences and Engineering Research Council of Canada who goes against the consensus within the scientific community on climate change. It has appointed someone who will be responsible for providing a grant to researchers, a person who is out of step with the mainstream scientific body on climate change.

Again, we need to pass the bill to ensure we have merit based appointments so we no longer have people appointed to bodies, which are so important to the public good, who potentially undermine the public good.

If we look at the bill in total, all of us have concerns about it. We have stated those concerns in committee. We proposed alternatives to it so it would be something of which we could be proud. In the end, we wanted to go back to our constituents and say that we did everything we could to ensure we had clear rules that would bring back responsibility to government, that would bring back clear representation to our citizens, the constituents we represent. No longer could we say that the decisions being made in government were being made under a cloud of suspicion over whose interests were being served. Quite frankly, that was the equation.

We need to ensure the following: when people are lobbying the government, they are not doing it because of who they know; when people blow the whistle, they will not have their career ruined because they stood up for the public interest; when someone is appointed to the head of a Crown corporation, it is based strictly on merit alone; and when people decide they will contribute to government, it is based solely on the public good and not on their private interests. Those are the key issues we all have to look at when we look at Bill C-2.

Sadly, the amendments that have come back to this place from the other place do not do that. They are riddled with self-interest. They will undermine the public trust and ultimately, I believe, undermine the whole notion of the necessity for the other place. When we have the other place sending legislation back to this place, legislation that has been gutted of many well thought out sensible ideas for its self interest, it speaks for itself.

I could underline many of those amendments, but two in particular are worth underlining. First is changing the limit one can give from $1,000 to $2,000. This has been put forward by people who are not even elected, which raises all sorts of question marks. Many people in the other place spend much of their time raising money for political parties. Perhaps that is the reason. The other issue we have to examine is changes to lobbying. We need to strengthen our oversight on lobbying, not weaken it.

In the end, we have an unelected body, the other place, sending back to an elected body incredible amendments in terms of the number, but more important, in terms of the scope and what they will do to the bill. That raises the question of the value of the other place when it does such a thing.

When we talk about real accountability and when we see what has recently happened and how the bill has been played with and manipulated by the other place, we have to then suggest this. The next project, after the bill has passed, is to take a look at how we can reform, modify and change the other place to make it a lot more accountable and democratic so it will not meddle in the voice of everyday Canadians who elected us.

Finally, if the bill is destroyed and not passed, every one of us will have to answer as to what we did and why. My belief is Canadians wanted to see us pass a bill with clear rules and clear reform for them. The bill is not about us. It is about Canadians. We need to pass the bill and ensure the values that Canadians entrusted to us to promote are the bottom line, not the interests of people in the other place or anywhere else.

Canada Elections Act

[Paul Dewar, NDP, Ottawa Centre, ON]

Mr. Speaker, I am pleased to speak on Bill C-31, An Act to amend the Canada Elections Act and the Public Service Employment Act.

I would like to begin my comments by quoting Alfred E. Smith, a very well-known governor of New York, a populist, a reformer in child labour and some other areas, and a solid advocate for the poor and for democracy. Many years ago, he said, “All the ills of democracy can be cured by more democracy”.

I agree with Mr. Smith. Those words are a prescription and should guide us in our deliberations. If, as some have claimed, there are ills in the system, the only way to cure the system is to open things up and have more democracy. I believe that what Mr. Smith was really referring to was the importance of opening up the process of government and of believing that democracy is not a static concept. In fact, democracy is fluid and evolves, and it can always be improved.

On the fundamental idea of improving the process of voting, or of democracy, let us make no mistake about it: my party and I support the concept and we believe that much more can be done to improve our system. To be clear, we support the principle and the spirit of Bill C-31. In fact, for many years we have called for improvements to the voting system.

But let me also be clear in saying that I have major problems with this bill. I believe it needs not just fine tuning but a major overhaul. To be clear, this bill is not the democratic remedy that will cure the body politic and what ails it right now. In fact, there is an argument to be made that the bill could make it worse.

Let us examine the origins of this bill. I think that is important. The bill started with an examination by the Standing Committee on Procedure and House Affairs, just after the last election, on how to improve the integrity of the electoral system and the electoral process. In June 2006 the committee report was tabled. The government responded on October 20. The government then proposed this bill that is in front of us.

Just as a side comment on that, there is something that I find interesting. Yesterday the government said there was all party support for the report and there was a sense that we had a consensus on what is in the bill. We have to clarify that this was not the case. I think most people who were on the committee would acknowledge that. This bill and its contents are not what the committee asked for.

In fact, there was a committee report and the government response to the report, and then, I would submit, there was cherry-picking in terms of what was in the report and what is in this bill. Those are the origins of the bill. I will be cautionary here. As I said, we support the spirit and the principle, but we are being cautionary because of the way in which the government has decided to improve the democratic process.

We have concerns about some of the points in the bill. As my colleague from Vancouver East has already mentioned, one of our concerns is about requiring people to have photo ID. This is possible disenfranchisement for some people. Not everyone has photo identification. Those on the government side will say, as others have said, that it is not a problem because they can then have someone vouch for them and they can swear an oath. There are problems with that. As my colleague said, the devil is in the details.

There are many concerns around people's ability to find someone to vouch for them and concerns around having supports for that, be it because of language issues or lack of knowledge on how to have people to advocate for them. There may be unintended effects of this bill that would marginalize and shut out some of our most vulnerable citizens. I know that this is certainly not the intent of anyone in this House, but that unfortunately could be the outcome.

The way the bill is written might also leave it open to a charter challenge, for some of the reasons I have mentioned. Of course this is something that will come out in committee. It is very important to understand this. We saw, as was referred to by another member, that in the United States the electoral laws in the 1950s and 1960s were structured in a way that intended to disenfranchise people. It was part of the clarion call of the civil rights movement to change that in the United States.

I would hate to see unintended consequences that would do the same here. I do not think that is hyperbole. We have seen laws in this country that have done that. I refer to B.C. and its so-called section 80, whereby people were not able to get on the voters list until the actual day of the election simply because of a flawed enumeration system. It is important to acknowledge, with the way the bill is presently written, that a charter challenge could happen.

It is also important to note that there are other ways to deal with the concerns MPs and people in general have with the integrity of the system. It is always important to note that when we have a piece of legislation in front of us we have to look at what the problem is. Here, the problem being put forward to us is that there is possible fraud occurring. How do we change that? The government is proposing a bill that talks about photo ID, vouching, swearing oaths, et cetera. Perhaps there are other ways and I think we have proposed some.

One way to change that, as my colleague said, is a proper enumeration. We have just had two bills passed in Parliament that would affect enumeration and the electoral process. I am referring to the clauses in Bill C-2 about the appointment of district returning officers based on merit. That is a good thing. My party supported it. We supported it before the election and we certainly supported it in Bill C-2.

The bill now before us gives the district returning officer a new purview. The bill talks about who shall be given an oath and who shall be questioned, et cetera. We do not have the other piece in place, sadly, because of what is going on in the Senate. That process needs to happen. The Senate needs to pass the bill.

Before that happens, I note that I have concerns about how these people will be trained and what merit we will be basing our decisions on. How are we going to train them so that the people we have employed are going to know the intricacies of their jobs? In this bill, we are giving them the authority to question people's legitimacy and whether they should be given a ballot or not.

Another concern of mine has to do with fixed date elections. Recently in this House in that regard I supported more resources being put into enumeration. That is what we heard about from witnesses who spoke on Bill C-16. I would like to see more emphasis put on a viable and sound enumeration process. That would be a better way of dealing with the problem, rather than simply asking for more ID, for referrals or for vouching for people when they might not have access to photo ID or to someone who could vouch for them.

I believe the intent of the bill is important. Quite frankly, I believe the bill was rushed in the way it came from committee and has been put before the House. I think the bill needs an overhaul, not just fine tuning. We look forward to making major amendments to the bill when it comes to committee and we look forward to hearing from Canadians on how this will affect them.

My last point is that I began my comments by saying that the ills of democracy can be cured by more democracy, and if we are not careful, we will not be following that prescription. In fact, we will be doing the opposite with some of the unintended consequences of this bill.

Business of the House

[Rob Nicholson, Conservative, Leader of the Government in the House of Commons and Minister for Democratic Reform]

Mr. Speaker, today we will continue with the NDP opposition motion.

Tomorrow we should conclude debate on third reading of Bill C-9, an act to amend the Criminal Code (conditional sentence of imprisonment).

Next week we will begin the report stage of Bill C-16, fixed dates for elections, followed by Bill C-26, payday loans, Bill C-6, an act to amend the Aeronautics Act and to make consequential amendments to other acts, Bill C-17, an act to amend the Judges Act and certain other acts in relation to courts and then Bill C-27, dangerous offenders.

I will continue to consult with the House leaders of other political parties with respect to Bill C-31, the voter integrity bill, and we may be able to proceed with that next week as well.

[Rob Nicholson, Conservative, Leader of the Government in the House of Commons and Minister for Democratic Reform]

Mr. Speaker, today we will continue with Bill C-28, the bill to implement the 2006 budget tax measures. This would be followed, time permitting, with Bill S-2, hazardous materials, and Bill C-6, the aeronautics amendments.

Tomorrow we will continue with the business from today with the possibility as well of completing the third reading stage of Bill C-16. I will talk to the opposition House leader about that after this.

Next week we hope to begin debate on some of the government's justice bills. The first one will be on the age of consent, Bill C-22. If we could get unanimous consent to pass that at all stages that would be very much appreciated.

We will go then to Bill C-27, our dangerous offenders bill and any cooperation we can get to move that along would be appreciated, I think, by the people of this country.

I am looking forward to sitting down with the official opposition and other parties to discuss the speedy passage of the many popular bills that the government has introduced and I am looking forward to their cooperation on that.

Pursuant to Standing Order 66(2), I would like to designate Tuesday, October 31, as the day to continue debate on the second report of the Standing Committee on Agriculture and Agri-Food.

In response to the member's questions, consideration in committee of the whole of the votes under the Department of Human Resources and Skills Development on the main estimates for the fiscal year ending March 31, 2007, shall take place on Wednesday, November 1, 2006, pursuant to the Standing Orders. The second day for consideration of committee of the whole will be November 7, 2006.

As well, I should indicate that Thursday, November 2, 2006, shall be an allotted day.

With respect to the member's questions with respect to the same sex marriage, we will fulfill our campaign promise on that and we will be proceeding with it this fall.

Procedure and House Affairs

[Gary Goodyear, Conservative, Cambridge, ON]

Mr. Speaker, I have the honour to present the 18th report of the Standing Committee on Procedure and House Affairs regarding its order of reference of Tuesday, September 19, 2006, in relation to Bill C-16, An Act to amend the Canada Elections Act.

The committee considered Bill C-16 and reported the bill without amendment.

Canada Elections Act

[Marlene Jennings, Liberal, Notre-Dame-de-Grâce—Lachine, QC]

I know, but I also like saying duplicitousness. If I look in the dictionary next to Bill C-16, I see Conservative Party and duplicitous. That is what I see when I look in the dictionary: Bill C-16, Conservative Party, duplicitous.

[Marlene Jennings, Liberal, Notre-Dame-de-Grâce—Lachine, QC]

--and recommend to the Governor General to dissolve Parliament. The Governor General would have all the authority to do so.

As my colleague from Beaches—East York just mentioned, if somebody actually read the BNA Act, our Constitution, they would see that this is actually what we already have. Under the Constitution, Parliament has to be dissolved no later than in the fifth year of the preceding election.

However, within that time, the prime minister can go to the Governor General and recommend that Parliament be dissolved at any time. In fact when one looks at it, historically it is usually toward the end of the fourth year following a general election that the prime minister of a government in Canada has actually done that. That is the first thing.

I ask that members please not say that Bill C-16 is about fixed election dates, because it is not, and I ask them not to claim that this would ensure that the Prime Minister of the sitting government, the Conservative government, will not, to use the terms that the members opposite have been using this very day, abuse his authority by calling an election at any time. In fact, if this bill were in effect right now, it would allow the sitting Prime Minister of the Conservative Party, who is also Prime Minister of Canada at this point, to go tomorrow to the Governor General. There is absolutely nothing in the bill that would stop that.

I ask members to please not call it a fixed election date and to please not attempt to portray it as being something fundamentally different from the system we have been governed by here in Canada since Confederation, because this does not change anything fundamentally. This is a game of smoke and mirrors on the part of the Conservative government.

Does that surprise me? I would like to say it does, but unfortunately it does not. It is no different from the tabling of the 2006 budget. The Conservative government heralded tax cuts. It said, “We are going to help the most poor, the most disadvantaged”. What? Does increasing the lowest marginal tax rate from 15% to 15.5% lower taxes? No, of course not. It increases taxes.

I do not know about my colleagues on the opposite side, but I can speak for my colleagues on this side, the Liberal Party, the official opposition. After July 1 when that tax hike kicked in, most of us received a lot of letters from our constituents who happen to be seniors. They were saying, “I thought the Conservative government said it was lowering taxes. How come my taxes just got increased half a point?” They were not too pleased. The Conservatives may want to think about that.

On the other hand, the Conservatives talked about lowering the GST and how that was going to put a lot of money into people's pockets. Studies actually show that in order for somebody to make back $100 on that one point reduction they would have to spend a heck of a lot more money. They would have to spend $10,000 for that one point reduction to put $100 in their pockets.

I do not know too many people in my riding who have that kind of disposable income that they can spend $10,000, whether it be on clothes, restaurant meals or buying a new car. I do not know too many people who can spend $10,000 of their disposable income in order to get back $100. Most people would have preferred that the marginal tax rates remained where they were rather than increase them 5% in order to pay for luxury items for people who can afford to go out and spend $10,000, $20,000, $30,000 or $40,000 a pop.

Another example of the duplicitousness of this--

[Marlene Jennings, Liberal, Notre-Dame-de-Grâce—Lachine, QC]

I apologize.

I should say that the right hon. Prime Minister and his cabinet should state that Bill C-16 is not about fixed election dates. Bill C-16 is about fixed flexible dates, which would still allow the prime minister all the authority to go to the Governor General at any time prior to the set date--