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 7th, 2006 / 4:35 p.m.

Niagara Falls Ontario

Conservative

Rob Nicholson ConservativeLeader 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 second time and referred to a committee.

Mr. Speaker, I am very pleased to begin the debate on Bill C-31, the voter integrity bill. This bill is aimed at improving the integrity of the electoral process and reducing the opportunity for electoral fraud. Together with the measures proposed in the federal accountability act, this bill will help to maintain the confidence of Canadians in their democratic process.

Many hon. members will already be familiar with much of what is in this bill. That is because it implements recommendations from an all party report of the Standing Committee on Procedure and House Affairs tabled in this place in June.

In formulating its recommendations, the committee had the benefit of testimony from the Chief Electoral Officer, the Privacy Commissioner and representatives from the four political parties in the House. Of course, the committee also had the expertise of its members. We have all been through the election process and are well aware that there is always room to improve the process by which we come to this place.

The committee's practical recommendations will enhance the process for all parties and all Canadians.

The government has listened carefully to the committee and we have tabled a comprehensive response to the report, but in addition, we are taking concrete action by means of Bill C-31, the voter integrity bill. As members can see, Bill C-31 makes a host of improvements to our democratic machinery. I would like to take this opportunity to highlight some of the measures in the bill.

Foremost, Bill C-31 establishes a uniform procedure for voter identification at the polls. Currently, there is no automatic requirement to provide identification in order to vote. I am sure that probably comes as a surprise to most Canadians. We need identification for everything that we do in society and most Canadians would expect that they would have to properly identify themselves if they want to vote.

Under this bill, a voter need only state his or her name and address before being given a ballot. In practice, voters may often just present a voter identification card. However, these cards sent to individuals to notify them of their polling station are not intended to be used as identification. Indeed, the committee heard evidence of bundles of these cards being left in the lobbies of apartment buildings or being otherwise open to abuse.

Under the Canada Elections Act now, a poll clerk, deputy returning officer, candidate or candidate's representative may request identification only when there is doubt as to a person's identity. However, this right to challenge is often implemented unevenly across tens of thousands of polling stations in the country. Some polling officials may be reluctant to demand identification when it is not legally required. Some candidates may overuse their right to challenge. In the meantime, voters are required to carry identification in case the right is revoked.

By introducing a voter identification requirement, this bill will address these issues by providing consistency and clarity, reducing the opportunity for electoral fraud and signalling to Canadians the importance of exercising the right to vote.

The bill will bring Canada into line with the system in the province of Quebec, a number of Canadian municipalities and many other democracies. These jurisdictions take a variety of approaches, including the development of a unique voter identification card or exclusive photo ID requirements.

The voter ID process in our bill was carefully crafted by the standing committee to provide a balance appropriate to our Canadian system and consistent with our values. The balance is struck between protecting the integrity of the process and ensuring that no one is disentitled to vote by reason of lack of identification.

Most voters who have photo ID with name and address, such as a driver's licence, can show that in order to vote. Alternatively, a voter without such ID can show two other pieces of acceptable ID, establishing name and address.

The bill requires the Chief Electoral Officer to publish the type of ID that would be accepted so that all voters will know what to bring in order to vote. We encourage and trust the Chief Electoral Officer to take the necessary public education initiatives to ensure voters are aware of these requirements.

Let me be absolutely clear. Under the bill, the voters who may not have acceptable ID will still be able to vote. These voters will need to take an oath or affirmation as to their identity and have another elector vouch for him or her. This also reflects a balance of providing reliable procedures to protect the integrity of the vote while maintaining the accessibility of the franchise. We, like all the parties in the House and on the committee, want all qualified voters to be able to vote. Under this bill, they will be able to do so.

The voter identification process will go a significant way to reduce the opportunity for electoral fraud. In addition, we will tighten up the vouching system, both for registration at the polls without identification and for voting at the polls without ID. People who vouch for those without ID will not be able to vouch for more than one elector, as is currently the case for registration. Someone that is vouched for because he or she does not have identification will not be able to vouch for another person seeking to be registered or to vote without their own ID.

The date of birth of electors, something already contained in the national register, will be added to the list of electors used at the polls. As also recommended by the committee, we will require a written affidavit to be signed by an elector where reasonable doubts are raised as to his or her qualifications.

For example, together these measures will assist where someone presents himself or herself at the polls and does not appear to be of voting age. The ID may indicate the date of birth and establish the entitlement to vote. It can also be used to confirm identity if it matches the name and date of birth on the list of electors. This is especially helpful if there are two names that are very similar.

Or, if the identification does not indicate the date of birth but the person's ID establishes his or her identity, the person can be allowed to vote after signing the affidavit. If it is subsequently discovered that the person was not qualified to vote by being 18 years old, then there will be a record of the event. This reform remedies a gap in the current legislation for situations where someone's qualifications to vote are in doubt.

In addition, in its response to the committee, the government supported a number of recommendations that were not statutory in nature to deal with potential electoral fraud. We look forward to working with the committee and the Chief Electoral Officer to ensure such measures are pursued.

At this point, I want to underscore that we must be vigilant to ensure our electoral system is sound and functions with integrity. While the incidence of electoral fraud is difficult to pin down precisely, it is clear that it has occurred. There have been well publicized instances of non-citizens having voted, or people voting twice, or the clear potential for individuals presenting themselves at the polls as someone else, such as by using a voter identification card that has been discarded.

Such examples can erode public confidence in the democratic process, affect the results of a close election and create real harm to the integrity of our system. That is why Canada's new government is taking action to implement the parliamentary committee's recommendations.

Protecting the integrity of the electoral process of course means more than just reducing the opportunity for defrauding the system. It also means improving how the system operates. A well functioning electoral system will go a long way toward reinforcing public confidence in the electoral process.

There are four main areas of operational improvement that I would like to outline briefly.

First, the bill will implement measures for improving the accuracy of the national register of electors. Errors in the register have the potential to harm the integrity of the electoral process because it is meant to indicate who has a right to vote. For example, the committee heard evidence of the list of electors including multiple entries for a single elector, electors registered at business addresses, and even dead people on the list.

The bill will make important changes to the way the information on the national register of electors is updated to improve its accuracy. The bill will permit tax filers to be asked their citizenship so that only the information of qualified electors will be sent to Elections Canada if voters consent to the sharing of that information. The Canada Revenue Agency will be able to share information on deceased tax filers with Elections Canada so that deceased electors can be removed from the register in a timely fashion. Returning officers will be expressly authorized to conduct updating initiatives in relation to the register. This will enable, for instance, targeted updating in areas of high mobility or new development. The authority of a CEO to collect, retain and share identifying information for the purpose of updating the register will also be clarified.

Second, the bill will make reforms to avoid some electors being discouraged from voting due to operational hurdles. For example, no longer will voters with a physical disability be required to request a transfer to a polling station with level access three days in advance. This time limitation is impractical for voters, who may not realize their polling station is inaccessible until they arrive on polling day. Similarly, electors who have their polling station reassigned will now be able to vote at their original polling station. This avoids inconveniencing or discouraging voters because of an administrative change.

The bill also opens the accessibility of advanced polls. Under the act now, advance polls must group two or more polling divisions. In large areas of sparse population, this could require an elector to travel significant distances in order to vote.

Third, the bill will improve the way candidates and election officials communicate with Canadians. The way the Canada Elections Act is currently worded, candidates have access to apartment buildings to campaign but not to gated communities, all access to which is also controlled by someone other than the residents. The bill will clarify the wording in the act so that candidates may access such communities in order to canvass at homes in the communities. Individual Canadians themselves should be able to decide whether they want to speak to candidates seeking public office on their behalf.

Similarly, the bill will clarify the ability of elections officials to access apartment buildings and gated communities for the purpose of updating the register and list of electors, and candidates will have clear access to public areas for informing Canadians of their right to vote. They should be able to campaign. This is one that I am particularly pleased about. As for the shopping malls and strip malls, where sometimes candidates now find their way barred, if these areas are open to the public they are open to political office seekers to engage the public. I think this is a terrific step forward and one that I particularly like to see.

Lastly, the bill will make other improvements to ensure the electoral process runs smoothly and efficiently. For example, drafting errors in the act will be corrected and timelines for the production of annual lists of electors will be extended. Like all the changes I have already discussed, these reforms were recommended by the committee made up of all four political parties, often based on the suggestions and the experience of our Chief Electoral Officer. Like all changes already discussed, these reforms would improve the integrity of our electoral system.

Before I close, I want to thank the committee for its important work. Canada is a great democracy. We should never lose sight of that. There is no greater democracy in the world, but it does not mean that we should not adapt to the times and that we should not be vigilant to protect our democracy. Even the smallest technical change can help the way ordinary Canadians exercise their right to vote.

This bill, based on the committee's recommendations, makes these operational improvements and does more. It ensures that all Canadians can exercise their right to vote while improving the integrity of the voting system. This bill will benefit all Canadians and all parties. I will say to hon. members that since this has already been supported at the committee and is an adoption of the recommendations that were made by the committee, I hope this bill will have speedy passage and will soon pass into law.

Canada Elections ActGovernment Orders

November 7th, 2006 / 4:50 p.m.

Liberal

Paul Szabo Liberal Mississauga South, ON

Mr. Speaker, I thank the House leader for laying out some of the principal elements of Bill C-31.

I have run in seven general elections and voters lists are quite familiar to me as I know they are to the House leader. I have had the opportunity recently to look at the latest list issued by the Chief Electoral Officer. My frustration continues with the his office, from the standpoint that changes brought to the attention of the Chief Electoral Officer, through the returning officer of the riding, continue to be ignored.

In fact, it is very difficult for changes to be made in the current system simply because they have to come through sources which are direct from the person on the list. It is clear, simply by taking the list and sorting it by postal code, or by street or whatever, that there is information missing or information is in the wrong columns. There are numerous addresses that have far more persons apparently resident than is legally permissible. None of these things seem to be addressed.

I raise it with the member only from this standpoint. If the obvious things have not been taken care of first, how can we overlay more changes and expect even a greater level of accuracy within the voters list? If basic changes cannot be made by the current system of relying on information collected through other agencies, the provinces, et cetera, or through the income tax return where people volunteer that information, how will this help?

The other point I would raise with the member is this. Even with our existing system, there are some circumstances where a family may relocate. If children do not have documents, which they have to file, then children tend to be left on the list in the former home rather than following the parents.

These are things that over time have led to a very significant distortion in the actual number of electors in a riding. It affects, as the House leader will know, many aspects of the work that members of Parliament and candidates in elections for all parties undertake.

It would be a tremendous boon if the changes being proposed here would contemplate and address some of the existing problems before we ask for a greater level of sophistication. Would the member comment on that?

Canada Elections ActGovernment Orders

November 7th, 2006 / 4:50 p.m.

Conservative

Rob Nicholson Conservative Niagara Falls, ON

Mr. Speaker, I am very pleased to comment on electoral lists.

I have to caution the hon. member. I am sure if information was transferred from the local returning officers to the Chief Electoral Officer, it was not deliberately ignored. We have been very fortunate to have an individual and a team that works very hard under the existing rules to ensure all the information is up to date and accurate to the extent that this is possible. As well, the Chief Electoral Officer and his team works very hard to ensure that the operation of Canadian elections is the envy of the world.

I should point out that our Chief Electoral Officer is invited on a regular basis to go to other countries to try to assist those countries in developing their electoral system.

Nonetheless, the member raises an interesting point with respect to the accuracy of those lists. I think the problem begins, to the extent that there is a problem, with the wording on the Canadian income tax forms. In my opinion, the forms do not make it clear that the information a taxpayer ticks off is only available to those who are Canadian citizens.

We are going to make it very explicit on the income tax return. The first question is, “Are you a Canadian citizen”. Second, we will follow up with, “Therefore, do you consent to have that information transferred to the Chief Electoral Officer for his list?”

I think changes in the wording will increase the accuracy of that. I already indicated in my second reading address that there would be a greater exchange of information. One of the problems to which the hon. member alluded was the names of people who were dead remained on the list. There will be greater sharing of that information.

Generally, taken together, these recommendations, which came from all political parties at the operations committee, will improve the integrity and improve the accuracy because that is what we want.

Also adding on the list the date of birth of the individuals will clear up some of the problem of people with duplicate names. This will help to ensure that the person who gets the ballot is the person who is actually identified.

All of these taken together should improve the system.

Canada Elections ActGovernment Orders

November 7th, 2006 / 4:55 p.m.

Bloc

Gilles-A. Perron Bloc Rivière-des-Mille-Îles, QC

Mr. Speaker, I have been in this House since 1997 and unfortunately, during that time, I have noted a decrease in voter turnout. We have got to the point where hardly 60% of the voters on the voters list go to vote.

I would like to ask the Government House Leader if he feels that having people vote on Sunday would improve voter turnout? In the majority of Canadian couples, both the man and the woman work and lack availability. So would Sunday voting improve turnout?

Canada Elections ActGovernment Orders

November 7th, 2006 / 4:55 p.m.

Conservative

Rob Nicholson Conservative Niagara Falls, ON

Mr. Speaker, the hon. member made an interesting point about voter turnout. One of the best elections for voter turnout was the January election, contrary to all predictions that it would be a disaster having an election just after the Christmas season. The evidence would point out that voter turnout, I believe, was up about 4%. That may be just a function of the desire of Canadians to toss out one government and bring in a new one. We could speculate on the reasons why.

Canadians, traditionally, vote on Monday in federal elections. This system has worked well for us. The hon. member knows the House just passed the bill providing for fixed dates for elections and extensive advance polling would take place on the weekend before. The hon. member knows the third Monday in October is Thanksgiving. The bill proposes that the election would be on the fourth Monday. If he worked his way back for the advance polling dates, it would be possible for individuals to go to a polling station on Thanksgiving Day. I do not have a problem with that. To get people out to vote, that would be a very likely weekend when members would be at home in their ridings.

The other advantage of having the fixed dates for elections is that all of us would be able to plan. We all have had constituents say that they would like to vote for us, but they do not know exactly when the election will be held, and nobody is able to tell them. Many of them may be going to Florida, they may be on vacation, they may be visiting their relatives, or they might be out of their constituency, so it is important for them to know.

I hear the hon. member's suggestion, but I think he will agree with me that taken together, these two bills are an improvement over the present situation.

Canada Elections ActGovernment Orders

November 7th, 2006 / 5 p.m.

NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, I heard the government House leader say earlier that he hoped the bill would go through earlier. Maybe he knows something that we do not know. Maybe he knows there is going to be an election and he is hoping this will come into effect before that.

We have some concerns with the bill. The bill is called the voter integrity bill, which is very interesting. After reading through it, I have a lot of concerns about how it will impact people in low income communities who do not have identification. I take my own riding as an example. In the downtown east side, and in other ridings as well, potentially thousands of people will actually be disenfranchised by the provisions requiring two pieces of identification.

Has the government House leader considered the unintended consequences of the bill? Is the government willing to consider provisions that would make some changes so poor people, who do not have identification, would not be disenfranchised?

Canada Elections ActGovernment Orders

November 7th, 2006 / 5 p.m.

Conservative

Rob Nicholson Conservative Niagara Falls, ON

Mr. Speaker, it is not our intention to disenfranchise anyone. There is a fairly extensive system in place. I would point out to the hon. member that this was the unanimous report of the committee, which was comprised of all political parties. The committee suggested this to the government, and we are acting on it and being consistent with it.

The system that we have in place is a reasonable one. If someone has the voter identification card that is mailed out, they can present that. If they do not have the voter identification card, they can present some sort of government issued identification. If they do not have that, two pieces of identification, establishing who they are, is required. It could be done a fourth way as well. A Canadian citizen can vouch for the individual and swear out an affidavit. It seems to me that we have safeguards in place.

The right to vote is a fundamental characteristic of our democracy and of every democracy. I think the hon. member would agree with me that the committee took a reasonable approach.

Canada Elections ActGovernment Orders

November 7th, 2006 / 5 p.m.

Liberal

Karen Redman Liberal Kitchener Centre, ON

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

On June 22 the Standing Committee on Procedure and House Affairs tabled a report in the House entitled “Improving the Integrity of the Electoral Process: Recommendations for Legislative Change”. The report was based in part on the recommendations that we had received from the Chief Electoral Officer. While there have been discussions about fundamental changes to our entire electoral system, these should not detract from the efforts that have been made to improve our existing system.

The government tabled a response to the committee's report on October 20 and agreed with a vast majority of the recommendations that were made by the Standing Committee on Procedure and House Affairs. Bill C-31 was subsequently introduced on October 24 of this year.

The proposed bill will amend the Canada Elections Act to improve the integrity of the electoral process by reducing the opportunity for electoral fraud or for error. It requires electors, before voting, to provide one piece of government issued photo identification that shows their names and addresses, or two pieces of identification authorized by the Chief Electoral Officer that show their names and addresses, or they can also take an oath, or they may be vouched for by another elector who does have photo identification.

The proposed bill also will amend the Canada Elections Act to, among other things, make operational changes to improve the accuracy of the national register of electors. It will facilitate voting and enhance communications with the electorate. It amends the Public Service Employment Act to permit the Public Service Commission to make regulations that will now extend to the maximum term of employment of casual workers. We see this as an improvement.

While the government did not incorporate the committee's recommendations into Bill C-31, it stated that when it did not accept these recommendations, it had a fundamental disagreement with principle, or the items required further study, or we had received inadequate testimony and had been unable to reach a definitive decision during the committee proceedings.

A key concern of the Liberal committee members was to ensure that the bill allowed aboriginal status identification to be deemed acceptable proof for voting purposes. Government officials have clarified that the text of the bill requires government issued photo ID with an address, or government issued photo ID without an address. This would include band status cards, but they would have to be accompanied by a letter from the band council, or something like a phone bill that would have the person's number, name and address to corroborate the claim that he or she was indeed eligible to vote in that specific riding.

A second concern for the Liberal committee members is ensuring that the enumeration process is strengthened in reserve communities. The government has suggested that rather than send the bill to committee, that the committee simply pass a motion calling on the Chief Electoral Officer to strengthen enumeration in reserve communities, as well as other areas of low enumeration. With all sides in agreement with the goals of the bill, its passage could be accelerated in the House.

As the bill has emerged from the work of an all party committee, sending it back to the committee would be somewhat redundant, given that the government has assured the opposition that the aboriginal ID concerns are addressed in the text of the current bill.

On this side of the House, we support changes to the Canada Elections Act that protect against the likelihood of voter fraud and misrepresentation. We need to ensure that aboriginal photo identification is an acceptable form of voter identification. We also support strengthening the enumeration process, particularly on reserve communities and other areas of low voter enumeration.

The committee thought long and hard. The House procedures committee has a lot of veteran politicians on it and we all had many stories. We also asked our colleagues for some stories. My colleague, the chief government whip, has enumerated some of them. One of the best refinements we are recommending, and it is in the bill, is to include the birth dates of individual electors so there can be an objective kind of identification.

I also think a photo ID is essential because on election day it would allow the volunteers and the workers at Election Canada to facilitate Canadians who have the right to vote and ensure no mistakes or voter fraud are involved in what we know is an outstanding electoral system.

Canada Elections ActGovernment Orders

November 7th, 2006 / 5:05 p.m.

Bloc

Louise Thibault Bloc Rimouski-Neigette—Témiscouata—Les Basques, QC

Mr. Speaker, I thank my colleague for her speech.

I would like to know her opinion on attempts at electoral fraud or attempts at undue influence in seniors’ homes, when seniors may occasionally find themselves confused and easily influenced.

Does she think that these corrections and amendments will bring about greater respect for their intellectual integrity?

Canada Elections ActGovernment Orders

November 7th, 2006 / 5:10 p.m.

Liberal

Karen Redman Liberal Kitchener Centre, ON

Mr. Speaker, we have tried to move to greater signage when there are polls, but there is no doubt that there are people who are infirm or people who are elderly or in special circumstances, which is why we have allowed Election Canada officials to go to those people who are not able to go to the polling station.

However, if the member is talking about a situation where there may be a seniors residence with a voting poll in that residence and whether they would be subject to any kind of influence from the people who are actually running the polling station, I would tell the hon. colleague that there is a complaint system. I would hope that anyone who saw anything that they thought was untoward would report it to the officials so it could be fully investigated.

Canada Elections ActGovernment Orders

November 7th, 2006 / 5:10 p.m.

NDP

Chris Charlton NDP Hamilton Mountain, ON

Mr. Speaker, I appreciate the opportunity to participate in this debate. I listened to both the member's comments and the minister's comments with great interest. If I understood the minister rightly, in his introduction of this bill to the House I believe he said that every effort would be made for people with disabilities to be taken to a polling station where they could exercise their right to vote.

It seems to me that the right to vote is a fundamental right for every Canadian citizens and, therefore, in my view, every polling station needs to be accessible for people with disabilities.

I wonder whether the member might be able to let me know what her party's position is on that very important issue.

Canada Elections ActGovernment Orders

November 7th, 2006 / 5:10 p.m.

Liberal

Karen Redman Liberal Kitchener Centre, ON

Mr. Speaker, I agree with my hon. colleague. It is absolutely essential that every attempt is made to make every polling station accessible to disabled people.

I know in my own riding there was an occurrence where it was a school and there was a small lift and it was the only facility available in that area. I would contend, given the vastness of Canada, certain communities may not have an appropriate polling station and, therefore, having a transferrable ballot where somebody could go and avail themselves of the right to vote is absolutely essential.

Truly, the target and the key for everybody should be that all polling stations are accessible.

Canada Elections ActGovernment Orders

November 7th, 2006 / 5:10 p.m.

Liberal

Anthony Rota Liberal Nipissing—Timiskaming, ON

Mr. Speaker, the electoral system is the machinery on which Canadian democracy was built. However, it must be reviewed occasionally and we need to trust it.

However, one of the things that we need to look at is the accuracy of the voters' list that is put out. That is something we often question, so it is nice to see that something is being put in place to make it as accurate as possible.

What happens occasionally is that we have people saying that they should be on the list but that they cannot be or that they are not there. There seems to be a problem. It is okay to bring some information but sometimes we have someone there who will vouch for someone. We have seen it happen in the past where someone comes with a busload of people and says that he or she is vouching for all these people. A reasonable limit needs to be put on the number of people one can vouch for.

How did the member determine how many people a person could vouch for? What is a reasonable number and what are the limits under the bill?

Canada Elections ActGovernment Orders

November 7th, 2006 / 5:10 p.m.

Liberal

Karen Redman Liberal Kitchener Centre, ON

Mr. Speaker, we clearly want to avoid that, which is why we said that each individual could vouch for one other person. Obviously, the person vouching would need to have a photo ID and proof that he or she was truly eligible to vote in that poll.

I would also point out to my hon. colleague that a mechanism we thought would be helpful, and which this bill facilitates, is allowing people to say on their income tax returns whether they are Canadian citizens and are able to vote in an election. It is very clear to anyone who has been involved in any aspect of a federal election that it is very important that the permanent voters list be updated so that people who have passed away can be taken off the list and people who have moved have provided their current addresses.

As far as serial vouching, we felt that it was one of the mechanisms we could put in place to stop any kind of abuse. Certainly there is anecdotal evidence of this. I know in the past election the Chief Electoral Officer was actually asked to formally investigate two elections for what were seen as somewhat untoward events and he certainly performed those investigations. That kind of mechanism will still be in place for people who feel that fraud is involved in an election.

Canada Elections ActGovernment Orders

November 7th, 2006 / 5:15 p.m.

Bloc

Michel Guimond Bloc Montmorency—Charlevoix—Haute-Côte-Nord, QC

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

This is a bill that the committee has studied exhaustively. When there are things that are not working, the role of the opposition is to point them out. However, when things have worked well, then as a matter of intellectual honesty they should also be pointed out. This is called not engaging in shamelessly partisan politics. Here in the House of Commons there is of course adversarial debate, by definition. It must be noted that if a lot more discussion and a lot more collaboration among the various political parties were sought, by all sides, we would be able to produce better bills, bills that were an improvement on what was initially proposed.

Bill C-31 is a good example of what comes of excellent collaboration among the political parties. I will explain what I mean by this.

At the Standing Committee on Procedure and House Affairs, the government responded to a report. To summarize the sequence of events for the benefit of the people listening to us, the Chief Electoral Officer, Mr. Kingsley, has to submit a report after an election campaign. The report is submitted to the Standing Committee on Procedure and House Affairs. That report was studied in committee and all parties are represented on that committee. Our report was tabled in the House. On October 20, the government responded to the report. The response was in writing, in the form of a formal response. There was also a legislative response. Bill C-31 represents that legislative response, which reflects a majority of the points raised in the report of the Standing Committee on Procedure and House Affairs.

In the opinion of the Bloc Québécois, when the bill goes back to committee, we will have an opportunity to suggest amendments to our colleagues in the other parties, to improve the bill once again.

The reality of a minority government means that there should be a lot more collaboration and consultation with the other parties, as I said earlier. In my view, the government should follow the example of Bill C-31 to amend the Elections Act and follow the same course for other bills.

For example, instead of insisting on pushing its law and order agenda, its right-wing agenda, the Conservative minority government should listen to the Bloc Québécois, which is calling for more emphasis to be put on rehabilitation rather than punishment. Instead of digging its heels in on its right-wing agenda, it should do the same thing with the opposition parties that are calling for the Kyoto objectives to be upheld. The Conservative government should also do the same thing for the gun registry, when it is bent on dismantling it.

I wanted to explain this point during my introduction in order to illustrate how it is possible to come up with better legislation by consulting the opposition. Why are we of the opinion that Bill C-31 is appropriate? The Bloc is in favour of it in principle. We are in favour of it because there is a whole aspect where the possibilities of fraud and error are reduced. Now, thanks to this bill, voters will have to present government issued photo ID, with the bearer’s name and address.

At home, in Quebec, the basic document could be the driver’s licence, which contains this information.

It seems to me that colleagues from New Brunswick mentioned that their driver’s licences do not have photos. I am not sure, but I think that my colleague from Acadie—Bathurst drew attention to this. The goal is to have a document that is issued by the government and bears personal information making it possible to identify the person. It is true, unfortunately, that when voter identification procedures are inadequate, some situations may arise in which people are tempted, often in exchange for money, to go and vote for other people.

There was the classic case that occurred in the Quebec riding of Anjou. I think that someone voted 34 times in the Quebec elections in Anjou. If I recall correctly, the candidate, Pierre Bélanger, lost by fewer than 50 votes. Since then, this flaw in the Quebec electoral system has been corrected.

Voters who do not have photo ID will have to provide two acceptable pieces of ID so as to establish their identity and address. The Chief Electoral Officer will publish the list of acceptable ID. In a recent election, in 2004 or 2006, someone came to a polling station to vote, armed with a pile of magazines like L'Actualité, Macleans, Femmes d'Aujourdhui and 50Plus. These magazines can be purchased every week at the supermarket. In this case, this person received them at home because she was a subscriber. On the covers was the Canada Post seal. This person managed to vote, thanks to her pile of magazines.

When people live in an apartment building, they have no guarantees that no one will go through their mail. In multiple dwelling structures, the mail is not always protected. Anyone can take the mail. So we can understand the absurd example that I gave. This person wanted to vote using this process.

Under Bill C-31, each voter's date of birth will be added to the official list of electors used in polling stations.

For example, a person might know the Speaker's name. I know the Speaker is young; I believe he is not yet 30. A person could try to pass himself off as the Speaker. At the polling station, he says he is that person. The list of electors makes it clear that that person was born in 1918. Perhaps the Speaker remained young thanks to a fountain of youth or an elixir of youth even though he was born in 1918. The birth date provides some indication that there might be a problem. This raises a flag, perhaps not a red flag, but a warning flag nonetheless. The bill includes this improvement.

Given that we believe Bill C-31 can be improved upon, I wish to announce that, subject to consultation, we intend to amend it to ensure that voters lists provided to political parties also contain date of birth information, as is the case in Quebec.

Bill C-31 will also improve the accuracy of the voters list because the chief electoral officer will assign a unique, randomly generated identifier to each voter.

This is a continuing demand of the Bloc Québécois, which has been calling for a unique permanent identification number for each voter for a long time. We would have preferred that the bill was more binding on the Chief Electoral Officer and clearer on this subject. We give notice that we will also have some suggestions for amendments on that point.

Bill C-31 also seeks to remove the deadline after which voters who have a functional limitation can no longer request a transfer certificate to a polling station offering level access. In our opinion, voters in wheelchairs or with a physical disability should have an equal opportunity to democratically express their choices. Unfortunately, when voting places are located in facilities that do not have full and free access or that involve stairs, by definition, they do not in any way promote access by voters in wheelchairs.

It is our view that Bill C-31 will improve communications between election officials, candidates, parties and voters.

Bill C-31 will give candidates a right of access to common areas of public places for election campaign purposes.

I believe that all of our colleagues here today have encountered situations where the owners of some shopping centres have refused permission for us to meet and introduce ourselves to members of the public. An election campaign is a special opportunity to call attention to ideas, to talk about our record as a member or as a party, regardless of which party is campaigning. The government can speak about its record. In the present case, the record of the Conservative government includes the torpedoing of the Kyoto protocol and a disposition in favour of war, similar to the Americans. We will have the chance to return to that record at the proper time—in an election campaign.

Bill C-31 will also provide election officials with a right of access to multiple residence dwellings and to gated communities to revise the voters list. Gated communities are dwellings to which access is controlled by a gate. How can voters be enumerated if no one is able to enter, or barely so? The accuracy of the lists then poses a problem.

Other provisions deal with certain operational and technical improvements, but I cannot list them in detail since my time has almost expired. In any case, we will have an opportunity to return to this topic. I wish simply to remind members that the Bloc Québécois will re-examine some aspects in committee or at third reading.

The House resumed from November 7 consideration of the motion that Bill C-31, An Act to amend the Canada Elections Act and the Public Service Employment Act, be read the second time and referred to a committee.

Canada Elections ActGovernment Orders

November 8th, 2006 / 3:35 p.m.

NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, there have been discussions and I believe that if you seek it you would find unanimous consent to split my time with the member for Ottawa Centre.

Canada Elections ActGovernment Orders

November 8th, 2006 / 3:35 p.m.

The Deputy Speaker Bill Blaikie

Is that agreed?

Canada Elections ActGovernment Orders

November 8th, 2006 / 3:35 p.m.

Some hon. members

Agreed.

Canada Elections ActGovernment Orders

November 8th, 2006 / 3:35 p.m.

NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, we heard the discussion yesterday by other parties that spoke to Bill C-31, the voter integrity bill, and now the NDP is here to put forward its issues and concerns about the bill.

I want to say at the outset that the member for Acadie—Bathurst, who is a member of the procedure and House affairs committee, was a member of the committee when the report was done, a report that was based on the bill before us. However, I should make it clear that the bill only deals with a few of the matters that came from the report. I was at committee when the Chief Electoral Officer, Mr. Kingsley, responded to the issues in the report.

The bill deals with a voter identification system based on the premise that fraud and serial voting take place and therefore we need a voter identification system in our national registry and in our voting system.

The NDP is very supportive of the need to take measures to ensure fraud does not take place within the voting system. It is very important that we protect the integrity of the system. We are talking about a time honoured, democratic process where eligible voters have a proper place to vote and we have integrity in our system. From that point of view, we support the need to review the system and ensure measures are in place to lower the risk of fraud. I am sure it cannot be eliminated 100%, but measures should be in place to offer that protection.

What is being offered as the main solution to this problem is a voter identification system. In looking at the bill and knowing where this came from at committee, we want to express some of our concerns about what may be the unintended consequences of the ID system on voters. In particular, we are concerned about how this would impact low income people, people who live in small remote communities and aboriginal people who do not have the necessary ID outlined in the bill.

I represent the riding of Vancouver East where, in one community, the downtown east side, regrettably and unfortunately, many people do not have IDs through no fault of their own. These people are often homeless and often transient and they have difficulty getting government ID. They certainly do not have photo ID.

One of the problems with the bill is that it would require one piece of photo ID from any level of government or two pieces of ID that are authorized by the Chief Electoral Officer. A further provision in the bill says that an elector who is not registered can take a statutory oath if he or she is accompanied by an elector with ID whose name appears on the list of electors for the same polling division.

On the surface this may sound like a reasonable measure in that it would allow people with no ID to have some mechanism to vote. However, I have looked at this carefully and have talked to lawyers in my community who have been involved in providing assistance around statutory declarations for voters with no ID, and they are very concerned, as I am, about what this provision will mean.

At present, it is acceptable for a voter to make a statutory declaration along with a person in the community who can identify the voter. In the downtown east side, it has often been a street worker, someone who knows many of the people in the community, who vouches for the individual. Under the new bill this would no longer be allowed.

We are very concerned that this provision may have a very negative consequence and may disenfranchise potentially thousands and thousands of people who will now, through no fault of their own, not be able to vote.

We are prepared to see this bill go to committee. The government has said that it is willing to look at amendments that would correct this to ensure that by dealing with voter fraud, we are not at the same time unintentionally disenfranchising people who have a right to vote, who want to vote and who are voting legitimately, but would be precluded from doing so by these new provisions.

When the bill goes to committee, it is our intention to see substantive improvements and changes made to this bill to address what are very fundamental democratic issues. One of the provisions in the bill is that a person vouching for another can only do it for one person. This would set up a very complicated system where people who are not registered and who do not have ID would be running around trying to find somebody else who is registered, is on the list and does have the proper ID, and then getting that one person to vouch for one person. It would create a very complex situation and could mean that a lot of people would not get to vote.

It may also impact more middle class voters who go to the polls thinking that because they are registered they are okay. They have the voter cards and some ID, only to find that when they get there they do not have the proper ID. We may actually be frustrating those people.

I would also point out that this has been an issue in the U.S. elections and in fact there have been some court challenges. A similar provision was struck down in Georgia and there is currently a challenge going on in Ohio. In the United States, there is no centralized voter registration or election apparatus. It is contingent upon each state, and varies from each state, but a similar provision has been used in the U.S. and it actually has caused immense problems in the current elections that were just held yesterday. Challenges are underway and some of the provisions in some states have already been struck down. We should learn from this.

In terms of the principle of dealing with fraud, we support that but we do want to ensure we are not setting up a system that creates a two tier system where it becomes increasingly difficult for marginalized, low income people to actually exercise their franchise, which would be a travesty.

I do not think that is what anyone intended in this bill, at least I hope not. However, it will be up to us in committee to hear from experts, especially the lawyers who are very familiar, as are those in my community, with the statutory declaration process. They will be able to offer some insight into how this process works and may be able to tell us what we need to not only protect the system but protect people's right to vote.

With those kinds of concerns and reservations that we have, we are prepared to see this bill go to committee where I hope we can sit down and work on some amendments to make sure people who legitimately have the right to vote are not disenfranchised.

Canada Elections ActGovernment Orders

November 8th, 2006 / 3:45 p.m.

Conservative

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

Mr. Speaker, I have to admit that I gave a tiny shudder when the reference was made to the American parallel simply because, although things are far better and have been for a number of decades in the United States, there was a time when electoral laws in some states were designed for the purpose of selectively disenfranchising certain people. I always worry that someone will misunderstand.

I want to make it clear that the model that was used in designing the ID requirement was based on a precedent that is Canadian. It is the electoral law in Quebec and modifications were made to that law in 1999. In saying that, I think my hon. colleague who just spoke would agree that the logical thing to do in committee is to seek out information as to how well this has worked out in Quebec. My understanding is that it has been a positive experience in Quebec, but obviously we could summon, as witnesses, electoral officials from that province and enquire about problems that have occurred, and also advocates for the homeless. Obviously there are homelessness issues in some Quebec cities as well as there are in Vancouver and elsewhere. We could probably deal in a businesslike manner with that problem.

One thought that I do have as well is that the fundamental problem, when it comes to homeless people voting, is in addition to the issue of identification, and that is the fact that one's identity is normally linked in the electoral rolls to an address. It seems to me that there is a general need anyway for us to work on those whose addresses have recently changed. Young people going off to school tend to fall into this category, as do homeless people, obviously.

I think a good case can be made for enhanced enumerations shortly before an election in areas where there are high levels of homelessness. This is obviously easier with fixed date elections.

Canada Elections ActGovernment Orders

November 8th, 2006 / 3:45 p.m.

NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, I appreciate the member's comments and I will respond to them as quickly as I can.

In actual fact, my information is that the new language in the bill would bring our system federally in line with what we have in B.C. as well. Actually, under the B.C. system there are problems in terms of people without identification who vote. We can look at the Quebec system, but I know it is a problem. What we can do federally now cannot be done provincially in B.C. in terms of homeless people who are not on the list being able to vote if they do not have ID. That is something to pay attention to.

In terms of the address, I am not sure that it is so much of a problem. A change took place, I believe in the 2000 election, such that homeless persons actually could state that their address was the shelter where they resided. But the issue we are dealing with here is the actual ID that is required. The homeless may have an address that is a shelter or they may say it is located in a particular area. I am not sure that is so much the problem. It is not having the ID or a photograph ID that is the problem.

I think there is an important issue about enumeration. If we had what we used to have, which was a full enumeration, we would not have this problem. I remember the days when enumerators went door to door and registered voters at the door. It was a very fine system. Now it is completely gone. I wish we could bring that back. I think it would be a lot more accessible and a lot more democratic.

We now have very limited enumeration, and again, I think it is a system that discriminates against people who do not own property, who do not necessarily fill out income tax forms every year, or who are not on the registered list, the permanent list. There are people who get disenfranchised as a result of the system we have. We have to pay attention to that. I believe it is very important. We will work very hard for amendments to make sure that there are not groups of people who are left out simply because they are poor or do not have the proper ID.

Canada Elections ActGovernment Orders

November 8th, 2006 / 3:50 p.m.

Bloc

Mario Laframboise Bloc Argenteuil—Papineau—Mirabel, QC

Mr. Speaker, I think my colleague and I have the same philosophy. We know that the Bloc Québécois is a staunch defender of Quebeckers.

In Quebec, voters commonly use identification in provincial and municipal elections. Of course, the bill that is before us can always be improved in committee. And that is what the Bloc Québécois proposes to do.

My question for my colleague is simple. Does she recognize that it is time the federal government exercised better control over the voting process and used what is now in our power, that is, the identification required or provided by the provincial governments or, as the bill suggests, identification authorized by the chief electoral officer?

Canada Elections ActGovernment Orders

November 8th, 2006 / 3:50 p.m.

NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, there are some issues with the bill. The idea of a voter identification sounds very good, but the devil is in the details. To make sure it is equitable, we will have to look at its actual implementation and how it will affect different groups of people. That is our concern.

Whether or not it is in time for the next election, I do not know. I am not so concerned about that. I am concerned that we get this bill right if we are adopting a fairly major change. We have never had voter identification in our national elections so this is something quite substantially new. If we are going to do that, we have to do it properly. That is what we will be focusing on. I look forward to the Bloc assisting us with it to make sure that we are not leaving out people who otherwise will be forfeiting their right to vote.

Canada Elections ActGovernment Orders

November 8th, 2006 / 3:50 p.m.

NDP

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.

Canada Elections ActGovernment Orders

November 8th, 2006 / 4 p.m.

Liberal

Paul Szabo Liberal Mississauga South, ON

Mr. Speaker, the member indicated that he was quite satisfied with the basic principles of the bill. He gave it approval in principle and said let us get it to committee to make these changes, but he also said that the bill needs a major overhaul. That may be a little bit of a contradiction in terms. Perhaps the example he has given may provide some questions for consideration, which I think is the purpose of getting bills to committee.

The issue about disenfranchising people from almost anything to do with services that are available to people has come up often. Quite frankly, it surprises me, whether it is the federal government or the provincial governments, that government cannot come up with an arrangement for those who have no other access to photo ID, whether it be a driver's licence or some security card. It just seems to make so much sense in today's world where security issues are so important.

I would also remind the member, though, that I believe the bill also says that in lieu of the photo ID and someone vouching for the person, the Chief Electoral Officer also can designate that two other authorized pieces of non-photo ID would be required. I suspect that anyone, except maybe those living in a shelter, may have ready access to that.

Does the member agree that we should try to address the global situation of how many people out there really cannot have reasonable access to photo ID that can be updated on an as needed basis? How many people are we talking about? Are the alternatives provided within the bill in fact sufficient?

Canada Elections ActGovernment Orders

November 8th, 2006 / 4 p.m.

NDP

Paul Dewar NDP Ottawa Centre, ON

Mr. Speaker, that is why I mentioned in my comments that enumeration seems to be the piece that should be focused on and it has not. Since we have had the centralized voter's list, it has been rife with problems. One of the problems is that we do not have that human contact when we go out and do the enumeration.

I am not happy with the provisions in the bill to designate to the district returning officer those kinds of responsibilities. As I mentioned, in Bill C-2 we are looking at changing that role and having merit based appointments which we support. Until there is time to get people up and going and trained, I do not want to hand that over to people and set them up for something that might fail.

One comment that I did not have the time to make is my deep concern about the fact that we are going to have certain private information made public. That is the reference to birth dates. I understand the need for it, but to me this is a case of concerns about big government. That is something that the Privacy Commissioner might have concerns about. The bill talks about using income tax forms as a way in which we can verify information and use birth dates. That information would be given to candidates and to returning officers.

I think that is something that we should all be very concerned about. I am deeply concerned and I know other people will be.

Canada Elections ActGovernment Orders

November 8th, 2006 / 4 p.m.

NDP

Peggy Nash NDP Parkdale—High Park, ON

Mr. Speaker, I would like to commend my colleague for his comments on the bill. They were very thoughtful and thought provoking.

In my riding the majority of constituents are renters. As such there is a very high turnover among those renters. We also unfortunately have a number of people who are homeless and who are struggling with mental health issues.

In considering the high turnover, there are people who may not navigate systems as well as some of us do and many of whom may not be as engaged politically as we are without an enumeration system. They may not even be engaged in the voting system and may not vote at all. Given that one in every 200 Canadians is without a home, those Canadians may also be quite disengaged from the political process.

I have a question for the hon. member. What impact would the potential loss of political engagement have, the loss of potential voting activity among renters, low income people and homeless people, on our entire political process in Canada?

Canada Elections ActGovernment Orders

November 8th, 2006 / 4:05 p.m.

NDP

Paul Dewar NDP Ottawa Centre, ON

Mr. Speaker, it would undermine the foundation of our democratic system. In other words, it would disenfranchise people when strangely enough the intention of the bill is to invigorate and strengthen our democratic system, and the integrity of the voting system. We have a lot of ideas that we will bring forward to hopefully improve the bill, back to the intent of what we all want and that is to have a better system that allows more participation and indeed not less.

Canada Elections ActGovernment Orders

November 8th, 2006 / 4:05 p.m.

Conservative

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

Mr. Speaker, I am pleased to speak in support of Bill C-31.

This bill should be of interest to all members and all Canadians, because its goal is to improve the electoral process, the foundation of our democratic system. There can be no doubt that Canadian democracy is a great democracy.

All members here have been through at least one election and know that the process is not perfect. They know that an election period lasts 36 days and is organized around a complex set of rules and procedures. They also know that holding general elections in 308 electoral districts is a major undertaking. In any operation of this scope there will always be room for improvement. Bill C-31 will allow our electoral process to run more smoothly.

At first glance, many changes seem to be somewhat technical, but even small operational modifications can produce concrete results in practice. Providing support for the machinery of democracy strengthens the integrity of the process as a whole.

I believe that the reforms should be greeted with the support and confidence of the candidates seeking election, the parties involved in the electoral process, the election officials responsible for the conduct of elections and, more particularly, the Canadian public, whose democratic choice is expressed through the electoral system.

The bill contains tangible improvements for everyone involved in the democratic process. That is why I support it. I would like to briefly describe a few of the changes proposed.

The most important change is that electors must identify themselves at the polling stations. As my colleagues from Quebec undoubtedly know, this measure has been in place in Quebec for the last seven years. Quebec’s Election Act was amended in 1999 to incorporate an obligation to present a piece of identification before voting. Other amendments also require that Quebecers identify themselves to vote in a referendum or municipal election.

In order to exercise their right to vote in Quebec, electors must present a Quebec health insurance card, a driver’s licence, a Canadian passport, a certificate of Indian status or a Canadian Armed Forces card, and electors who cannot do that are referred to an identity verification panel and must sign a sworn statement as to their identity. They must produce at least two other documents to the panel that establish their identity or ask another elector who has an identity card with a photograph to be their guarantor.

Those measures are similar to what is proposed in Bill C-31. I am persuaded that the process for identifying electors will work as well at the federal level as it does in Quebec. A study done by the chief electoral officer of Quebec in 2002 shows that deputy returning officers and the persons responsible for polls are generally satisfied with this provision and that it has been relatively well received by electors.

The deputy returning officers who took part in the study noted these facts: first, mandatory identification has strengthened the integrity of the voting process by reducing the possibility of fraud; second, this measure has led to increased public confidence in the system; and third, it enhances the importance of the voting process.

I believe that Bill C-31 will have the same good results, results that are really necessary at the federal level.

For example, members will recall an incident that was much talked about: an American student had voted in the 39th general election. His stated purpose was to demonstrate that the enforcement of rules at polling stations was too lax and that the opportunities for fraud were in his own words, “immense”. He succeeded.

However, I want to make it clear that the very great majority of voters go to the polls in good faith, solely to exercise their legitimate, democratic duty. It is almost impossible to prevent someone whose goal is to defraud the system from finding a way to do so.

Nevertheless, the provision dealing with voter identification in Bill C-31 will make it a great deal more difficult for voters with unlawful intentions to achieve their goal. The bill includes mechanisms that will allow for an investigation after the election if necessary by requiring, for example, that voters without identification take an oath. The bill will highlight the rules for voters who may believe, incorrectly but in good faith, that they are eligible to vote. It will not prevent eligible voters from exercising their rights.

Most Canadians are used to presenting some form of identification for a variety of daily activities. Unlike other levels of Canadian government where identification is compulsory in order to vote, the bill provides alternative solutions for Canadian voters who do not have photo identification.

In other words, the bill establishes an important balance between accessibility and integrity.

This bill introduces important changes that have been standard practice for a long time at other levels of government in Canada, like most of the reforms on election financing in Bill C-2. I think especially of the prohibition on donations from corporations and trade unions. The voter identification system works well in Quebec, and I am convinced that it will work well in the rest of Canada.

This bill contains numerous tangible improvements to the electoral process. I will mention only some of them. First, the voter’s date of birth will be added to the official and revised list of electors that will be used at polling stations. This measure is already in use in Quebec and represents another means of confirming the identity of a person who wishes to vote.

The Standing Committee on Procedure and House Affairs specifically requested in the recommendations on which these provisions are based that the elector’s date of birth not be shown on the lists given to candidates. I agree with that because it is very important to protect personal information. I see that the bill abides by this request.

I would like to highlight the fact that advance polling stations can henceforth be set up for a single polling division, instead of a minimum of two as is currently the case. This is an important change in those provinces and regions where the polling divisions are very far apart, in northern Canada, for example, or in highly rural areas. Now that the advance polling stations will be closer to the electors in these areas, it will be easier for them to exercise their right to vote.

Finally, I would like to point out that the bill contains various specific points on how the Chief Electoral Officer uses and communicates election information. For example, each registered elector will be assigned a unique, randomly generated identifier to facilitate the updating of the Register of Electors and improve its accuracy.

In addition, income tax returns can be used to enhance the reliability of the information that Canadians agree to provide to Elections Canada.

The bill also contains specific provisions on the exchange of election information between federal and provincial election authorities. This will help to improve the integrity of the federal and provincial voters’ lists and ensure that personal information is well protected.

I could go on much longer about the various advantages of this bill, but what is most important is the cumulative effect of all these improvements. These changes, taken together, enhance the integrity of our election process. Like the Federal Accountability Act , this bill will help us maintain public confidence in our democratic system. Like Bill C-2, which deals with election financing in particular, this bill contains important reforms that have been tested in Quebec. Like Bill C-2, this bill, I hope, will be passed quickly by Parliament so that it will be in effect for the next election. These measures are important for all parties concerned and for all Canadians.

I hope that this bill will receive the enthusiastic support of all hon. members and parties in the House.

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)