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.