An Act to amend the Canada Elections Act and the Public Service Employment Act

This bill is from the 39th Parliament, 1st session, which ended in October 2007.

Sponsor

Peter Van Loan  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

This enactment amends the Canada Elections Act to improve the integrity of the electoral process by reducing the opportunity for electoral fraud or error. It requires that electors, before voting, provide one piece of government-issued photo identification showing their name and address or two pieces of identification authorized by the Chief Electoral Officer showing their name and address, or take an oath and be vouched for by another elector.
It also amends the Canada Elections Act to, among other things, make operational changes to improve the accuracy of the National Register of Electors, facilitate voting and enhance communications with the electorate.
It amends the Public Service Employment Act to permit the Public Service Commission to make regulations to extend the maximum term of employment of casual workers.

Elsewhere

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

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-31s:

C-31 (2022) Law Cost of Living Relief Act, No. 2 (Targeted Support for Households)
C-31 (2021) Reducing Barriers to Reintegration Act
C-31 (2016) Law Canada-Ukraine Free Trade Agreement Implementation Act
C-31 (2014) Law Economic Action Plan 2014 Act, No. 1

Votes

June 18, 2007 Passed That a message be sent to the Senate to acquaint their Honours that this House agrees with amendments numbered 1 to 11 made by the Senate to Bill C-31, An Act to amend the Canada Elections Act and the Public Service Employment Act; And that this House agrees with the principles set out in amendment 12 but would propose the following amendment: Senate amendment 12 be amended as follows: Clause 42, page 17: (a) Replace line 23 with the following: "17 to 19 and 34 come into force 10 months" (b) Add after line 31 the following: "(3) Paragraphs 162( i.1) and (i.2) of the Canada Elections Act, as enacted by section 28, come into force six months after the day on which this Act receives royal assent unless, before that day, the Chief Electoral Officer publishes a notice in the Canada Gazette that the necessary preparations have been made for the bringing into operation of the provisions set out in the notice and that they may come into force on the day set out in the notice.".
Feb. 20, 2007 Passed That the Bill be now read a third time and do pass.
Feb. 20, 2007 Passed That this question be now put.
Feb. 6, 2007 Passed That Bill C-31, An Act to amend the Canada Elections Act and the Public Service Employment Act, as amended, be concurred in at report stage.
Feb. 6, 2007 Failed That Bill C-31 be amended by deleting Clause 21.
Feb. 6, 2007 Failed That Bill C-31 be amended by deleting Clause 18.

Canada Elections ActGovernment Orders

November 8th, 2006 / 4:15 p.m.

Liberal

Stephen Owen Liberal Vancouver Quadra, BC

Mr. Speaker, I will be sharing my time with my colleague, the member for Yukon.

The member for Lanark—Frontenac—Lennox and Addington and the member for Ottawa Centre went into great detail describing the bill and how we got from that place to here, so I will not repeat that, but I would like to highlight a few aspects that are important for us to consider as we deal further with this bill.

First of all, there was a report from the Chief Electoral Officer in September 2005 which set out a number of these improvements in the integrity of the electoral system. That report was considered by the Standing Committee on Procedure and House Affairs last spring and a report was generated from that committee's hearings. That went to the government and on October 20 we received this report back from the government, incorporating most of the committee's recommendations as well as the drafted Bill C-31 which we are considering.

I was not involved in that committee last fall, so I do not have the full history of what was suggested and what was rejected. However, it seems to me that it is a bit of a surprise at this stage, when we have gone through an iterative process with experts, party members, the Privacy Commissioner, the Chief Electoral Officer and other electoral officials, as well as debate in committee, and our own report going to the government and the government responding to it, that we are not a little further ahead than we appear to be now.

I listened carefully to the member for Vancouver East and the member for Ottawa Centre. While the points that they raise with respect to democratic access to the voting process make eminent good sense, and in fact they are fundamental principles that must be respected in a democracy, I am a little surprised that at this very late date in this process these are being raised as things that have been totally neglected by members from all parties, the government, electoral officials over the last period of longer than a year.

I am a little surprised at that. I thought actually there was an agreement that we would be moving this pretty quickly through at this stage. Having raised those concerns, it is incumbent upon us, of course, to consider that concerns they raise are either dealt with by amendment or that we are all given the assurances that they are properly looked after.

As we look at election administration and this particular act amending the Elections Act, integrity of the voting system is absolutely critical. We have to balance two things. We have nothing if we do not have integrity of the system. We may have access to all sorts of people who may not otherwise have been enumerated or have easy access, but if we do not have the confidence of Canadians that the system as a whole has integrity, we have nothing. It simply is a chimera.

How do we balance that integrity in ensuring that we have voter identification, that we have effective enumeration, as well as making access as easy as possible for those in society who do face various barriers? We have heard a number of examples of that, either people who are transient and do not have current local information to establish their residence and address, or people who indeed are homeless or living in shelters where they are living very restrictive lifestyles and have a very restricted ability to identify themselves or have someone vouch for their identification.

That balance is tricky, I agree. We must ensure we get it right. I thought we were getting quite close there, but what needs to be done very quickly is to ensure that, first of all, the enumeration process is as sharp, as focused, as accurate, and as up to date as it possibly can be. I think this bill takes some steps toward doing that. There are many communities in our country which are remote and where there are really perennial problems with enumeration in those areas.

We have to, as a committee and as this House, give very strict directions to the Chief Electoral Officer and his staff to ensure that an extra effort is made to identify those areas of low enumeration. I think remote aboriginal communities are the best example of that where there have been in some communities over time a real under-enumeration. It is pretty obvious on the face of it, given what we know about the population and how many people are enumerated. That is an administrative factor. The bill is adequate for enumeration powers. We just have to ensure that the efforts are more strenuous in getting that enumeration done.

Another part, and it came up partly in the comments from the member for Vancouver East, is that we ensure that identification is as easy as possible. The bill lays out certain types of identification at different levels of challenge that can be used for the purpose of confirming identification. One thing that has not been specifically mentioned, which I think is very important, is that aboriginal band identification cards, which do have a photo and are issued by band councils, be accepted as government identification. This would be sufficient with the address and the photo. If they do not have the address, perhaps a letter from the band council would ensure that people in reserve communities have the full opportunity to vote.

Focusing on careful enumeration in order to ensure that we have a secure but a broad interpretation, particularly in aboriginal communities, of the first line of identification with a photo on it that would be acceptable as government photo identification. It should go without saying. It is certainly in line with the whole recognition, under our Constitution and governments across this country, of the inherent right of self-government of aboriginal people and therefore that type of identification should be acceptable.

What we had better do, because of the concerns raised by members of the NDP, is get this back into committee after the vote as soon as possible, and get the necessary officials before us to ensure that the issues raised can be dealt with. At the end of the day, this will be a balance. We will not have enumerated every person eligible in this country. There will always be transients. There will always be difficulties that individuals have, but we must ensure that, to the greatest extent possible, we catch as many people while still securing the integrity of the system.

Canada Elections ActGovernment Orders

November 8th, 2006 / 4:25 p.m.

Liberal

Larry Bagnell Liberal Yukon, YT

Mr. Speaker, I am happy to speak to Bill C-31 on improving the election process. First, I basically agree with everything my colleague said. I would like to reinforce it, in the environment of my riding, with a bit of background.

It is interesting that we are discussing this on the night after an American election. We saw the little pitfalls it ran into, which were related to computers. Improvements can always be made to the system.

I think we have unanimous all party agreement that we want the highest integrity possible in the voter system. It is so important to our country. We want to ensure that as many people as possible are correctly enumerated so no thinks the elections are unfair. The type of indepth study into the bill is totally supported by all parties. We need to do as much as possible to ensure the integrity of the system for every one of our some 30 million Canadians, at least those who are of voting age.

We have had some problems over the years in my riding, once again minor problems. Hopefully, administrative changes can fix these. With the new mailboxes, voter the cards mailed to people sometimes fall on the ground and other people pick them up and think they are supposed to vote. Sometimes they are mailed to the wrong address. Therefore, we have had a problem with all these cards floating around.

Another problem, which we have had periodically, is the transient population in my riding. Some people move either in or out of the riding, or they move to other parts of the riding. There is a fair amount of movement throughout the riding. Although I am a big supporter of the permanent voters list, many times we would go door to door never knowing if we had the right number of voters. People had moved in, who were not on the list, or they had moved out, but they were still on the list. Hopefully, these amendments in the bill will help improve that.

In relation to the photo access card, I am not sure if pilot projects have been done or considered. However, we have to ensure the wrinkles are ironed out so everyone can have access to those cards, whether they are transient, or youth or aboriginal. Many youth in the country have no reason to have a photo ID card. When they need to get one early in their voting career, they have a hard time getting it. I also know there may be transient people who do not have a photo ID. We had a problem in my area when passports were becoming mandatory to get into the United States. Certain aboriginal people could not obtain a passport easily because they lived so far away.

Hopefully, all these items will be facilitated by Elections Canada to ensure that everyone has easy access to the requirements needed to vote. They are not unreasonable requirements. They are in place in many other countries, as the study on the bill has shown. However, we always have to facilitate every person in our society, whether they are disabled, or a youth, or a senior or aboriginal, to ensure that new requirements are fair to everyone, that they can afford them and can obtain them.

I am adding my support to improving the integrity of the system. As I said, it is exciting coming after the eve of an American election, which turned out very well for my riding. A number of people have been elected who are against drilling in the Arctic National WildLife Refuge. The objective of all parties in Parliament is to ensure no drilling takes place in that area. I am excited for those who were elected, but I lament the loss of a few members who were also against drilling.

I close by lending my support to the bill and I compliment all members of Parliament, especially on the procedures and House affairs committee who are looking at these technical details to make the system fair.

Canada Elections ActGovernment Orders

November 8th, 2006 / 4:30 p.m.

Winnipeg South Manitoba

Conservative

Rod Bruinooge ConservativeParliamentary Secretary to the Minister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians

Mr. Speaker, I would like to pose a few questions to my hon. colleague in relation to his assessment of the current electoral system. I think he would agree that integrity of the system is essential and improvements that are made to identify individuals and the exact constituency in which they are to vote are necessary. Perhaps we also need to ensure that people are voting in the right constituency. This is in part some of the intention.

Does he think the integrity of the system is an essential part? I also hearken back to some of our other key policy ideas in relation to fixed election dates. Does he feel taking that out of the hands of the government as a lever for which it can employ for political gain is a good thing?

Canada Elections ActGovernment Orders

November 8th, 2006 / 4:30 p.m.

Liberal

Larry Bagnell Liberal Yukon, YT

Mr. Speaker, the question will give me a chance to address two things that I forgot to address. One is on the integrity, and I agree with the member. That is exactly the purpose of the bill. I had forgotten a particular example that I hope the committee will address at some time.

On election day I went to the hospital to visit some sick people. Lo and behold, a number of people there could not vote because they were visiting someone. One never knows when someone may have to go to emergency. They had driven 200 miles from their home to the hospital. They could not vote because they could not get to their polling station in time. This is a big flaw in the system and I hope we will look at this.

I am glad he asked the question about fixed elections dates. I did not have the chance to put something on the record. I do not think the amount of time that the election can be changed to avoid another election is big enough. The first day the bill comes into effect there will be only three days change from another election. There will be an overlap of another election within three days. It can only be changed to the day after the week after, and that is not enough.

I know I have not convinced my colleagues in the House of that point, but someone said that in the long run I would be proved right. I suggest there be more flexibility to change the actual fixed election date so it avoids conflicting with another election.

Canada Elections ActGovernment Orders

November 8th, 2006 / 4:35 p.m.

Nepean—Carleton Ontario

Conservative

Pierre Poilievre ConservativeParliamentary Secretary to the President of the Treasury Board

Mr. Speaker, I listened to the member discuss the whole idea of cleaning up politics and the electoral system in the country. I want to broaden that discussion to the legislation, Bill C-2, the accountability act. It is not entirely unrelated to the subject we are talking about today.

The bill seeks to end the role of big money and corporate cash, protect whistleblowers in the public service and expand access to information to roughly 30 organizations in the government. It goes farther and has more breadth and depth in fighting corruption than any piece of legislation in Canadian history.

Why is the Liberal Party holding up the passage of the accountability act? Is the Liberal Party fundamentally opposed to accountability?

Canada Elections ActGovernment Orders

November 8th, 2006 / 4:35 p.m.

Liberal

Larry Bagnell Liberal Yukon, YT

Mr. Speaker, the premise of the member's statement is false. There are 51 Conservative amendments that are holding it up in the Senate. I agree it should be improved, but we should never rush through detailed legislation. I commend the Conservative members in the Senate who have found so many improvements. Hopefully, there is no one in the House who would not like thoughtful debate of any bill that comes through the House.

I do not think any member here would suggest that any act should be rushed through the House without proper consideration.

Canada Elections ActGovernment Orders

November 8th, 2006 / 4:35 p.m.

The Deputy Speaker Bill Blaikie

Is the House ready for the question?

Canada Elections ActGovernment Orders

November 8th, 2006 / 4:35 p.m.

Some hon. members

Question.

Canada Elections ActGovernment Orders

November 8th, 2006 / 4:35 p.m.

The Deputy Speaker Bill Blaikie

The question is on the motion. Is it the pleasure of the House to adopt the motion?

Canada Elections ActGovernment Orders

November 8th, 2006 / 4:35 p.m.

Some hon. members

Agreed.

Canada Elections ActGovernment Orders

November 8th, 2006 / 4:35 p.m.

An. hon. member

On division.

Canada Elections ActGovernment Orders

November 8th, 2006 / 4:35 p.m.

The Deputy Speaker Bill Blaikie

Accordingly the bill stands referred to the Standing Committee on Procedure and House Affairs.

(Motion agreed to, bill read the second time and referred to a committee)