An Act to amend the Canada Elections Act (expanded voting opportunities) and to make a consequential amendment to the Referendum Act

This bill was last introduced in the 39th Parliament, 2nd Session, which ended in September 2008.

Sponsor

Peter Van Loan  Conservative

Status

Report stage (House), as of Dec. 10, 2007
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Canada Elections Act to increase the number of days of advance polling.

Elsewhere

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

November 15th, 2007 / 11:50 a.m.
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Chief Electoral Officer, Office of the Chief Electoral Officer

Marc Mayrand

At the moment, there are just over 2,000 churches that are used as voting places. So far, we have not exactly determined how many of them would be available for voting on Sunday. The preliminary information we have from people in the field indicates that we would have to expect that many of these churches would not be available on Sunday.

That said, we will have to look at other options. That is why one of our suggestions today is that the committee consider an amendment that would provide greater flexibility regarding the polling place. We think that in some cases, the two polling days could not be held in the same location. This further complicates the information we need to give voters, and could be a problem.

With respect to the safekeeping of ballot boxes, the bill in its current form is such that day 1 would be an advance polling day. At the moment, the deputy returning officers are responsible for safeguarding the ballot boxes on the advance polling day right up till the time the votes are counted. We raised this issue, because the proposed system would mean that the current number of deputy returning officers, 3,000, would increase to approximately 64,000. And they would be responsible for safeguarding the ballot boxes.

The other difficulty in this regard is the following. It could happen that a DRO would not be available on the following day, but because of the hours of work, we would have a little time to find the individual and recover the material. The fact is that Bill C-16 provides that in some locations, the vote will end at 8:00 p.m. and begin at 7:00 a.m. the following morning. This would leave very little time to recover the material, in the case of an incident. For purely operational reasons, we suggest that the committee consider an amendment that would provide for some flexibility in this regard. This discretion would be exercised in accordance with public instructions given to DROs and returning officers.

November 15th, 2007 / 11:35 a.m.
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Chief Electoral Officer, Office of the Chief Electoral Officer

Marc Mayrand

It is very difficult, because again, there's been no experience at all with this new approach, which is quite innovative. Again, we always have to be careful in comparing things. One thing the committee may want to look into is what happened recently in the Ontario provincial election, where there was a significant increase in numbers of advance polling days, yet at the end of the day there was still a decrease in overall turnout.

Again, it's a different regime there from what's being proposed in Bill C-16. I'm just being cautious as to expectations that can be raised. It would certainly make it more convenient for electors.

November 15th, 2007 / 11:15 a.m.
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Chief Electoral Officer, Office of the Chief Electoral Officer

Marc Mayrand

The third operational issue relates to polling stations. Polling stations will be in the same location for day 1 and for polling day. In rural areas, the only places available for use as polling stations are often schools or places of worship. It is possible that churches are available only on the Monday, while schools are available only on the Sunday.

In fact, some 11% of the approximately 20,000 sites currently used for polling on Mondays are in churches or other places of worship. We believe that, in many cases, schools or churches will not be available for two days in a row, on a Sunday and Monday.

Our fourth operational issue is that there are certain risks associated with leaving uncounted ballots in the care of some 64,000 election workers. It is possible that some people will quit—or worse, disappear—between day 1 and day 0. It would therefore be preferable to consider alternatives in order to give returning officers ways of coping with these inevitable situations.

To address the challenges presented by two consecutive polling days, I would ask that you consider the three following solutions.

Firstly, day 1 advance polling stations could be open for eight hours, as is already the case, but on a staggered schedule from east to west. Thus, polling stations would open at 11:00 a.m. in the Atlantic provinces, Quebec and Ontario, at 10:00 a.m. in Manitoba, Saskatchewan, and Alberta, and at 9:00 a.m. in British Columbia. In this way, polling stations in British Columbia would close at 5:00 p.m. instead of 8:00 p.m. on day 1, giving election officers in the western provinces comparable rest time as eastern provinces and thereby reducing the risk that they fail to report in the morning of election day.

Secondly, returning officers should have the discretion to locate a polling station at two different sites in the event that it is not possible for polling to take place at the same site on both day 1 and day 0. Our aim would be to have polling take place in the same location on both days, but in some cases there might be no choice but to use two different sites.

My third proposed solution to the aforementioned challenges is as follows: returning officers in each of the 64,000 polling stations should be given discretion to decide on the best solution for safe-keeping ballot boxes and uncounted ballots, in accordance with instructions from the Chief Electoral Officer. Such instructions would include a range of options for returning officers such as storage in a secure location at the polling station site or the office of the returning officer, or even at the deputy returning officer's home.

The second challenge regards the rules applicable to voting day and the day before voting. The bill states that advance polling rules will apply on day one. On the day after, of course, polling day rules will apply, but it's the same election workers who will have to apply both sets of rules. As a result, they will need to be given additional training so that they can apply different procedures for each of the two polling days they are hired for.

For example, during the advance poll, the poll clerk must complete the register of the names of electors who voted and have it signed by the elector, who identifies himself or herself and provides the required piece of identification before he or she can vote. By comparison, on election day, once the elector has identified himself or herself and provided the required pieces of identification, all the clerk has to do is find the elector's name on the voters list and cross it off. Electors then can vote. This makes the process much quicker, much more fluid, and simpler for both electors and electoral workers.

To address this challenge, I would ask you to consider amending the legislation in such a way that the polling day rules for the conduct of the vote also apply to day one advance polling, except with regard to polling hours. This recommendation would have two effects: one, obviate the need to enter in the register the name and address of electors who have voted and to have electors sign the register; and two, allow bingo cards to be provided to the candidates' representatives every 30 minutes instead of just once at the end of the day, as is the case on the other advance voting days.

Lastly, I would bring to your attention the fact that our reading of the bill is that certain rules applying to polling day will not apply on day one. I'm thinking, for example, of the ban on election advertising and on the first publication of an election survey, as well as the right each employee has to three consecutive hours in which to vote.

The implementation period is another challenge. I'd like to address it, given the significant impact the bill could have on the conduct of elections. As drafted, the bill would come into force three months after royal assent. I have to tell you right off that Elections Canada can't possibly get ready to hold an election according to the new rules in such a short period of time.

The proper implementation of Bill C-16 will require considerable effort to educate voters, update the manuals, train election personnel, and upgrade the 11 computer systems affected by the amendments. Each of these activities require detailed planning, the development and adoption of stringent programs, and painstaking execution. None of these activities can be carried out satisfactorily within the three months set aside by the legislation.

Meanwhile, we still have work to complete to comply with the December 22, 2007, and April 22, 2008, coming-into-force dates for certain provisions of Bill C-31. The overlap with the implementation of Bill C-16 adds to the complexity of the task, particularly when it comes to modifying the computer systems.

Finally, all implementation and communication activities must be carried out while remaining ready at all times for a general election or byelection.

For all these reasons, I would ask you to defer the coming into force of Bill C-16 until January 1, 2009, assuming that the legislation receives royal assent before March 1, 2008. For my part, I pledge to do everything in my power, as was the case for certain key provisions of Bill C-31 last summer, to implement the legislation ahead of schedule if the preparations have been finalized.

Before concluding my remarks, I'd like to point out that the initial implementation costs of this bill will be a bit less than $3.5 million, and adding the two voting days will cost upward of $34 million for each general election. Ninety-four per cent of these costs have to do with the additional advanced voting day the day before the vote. The last general election cost $277 million, including reimbursement to parties and candidates of $54 million. These changes would therefore represent an increase of 14% of the total cost of a general election.

It may therefore be worthwhile to review the impact of these changes on voter turnout for a general election following the bill's coming into force.

In closing, Mr. Chairman, Elections Canada supports the objective underlying this bill, which is to make it easier for electors to exercise their right to vote. I would ask you, however, to consider certain amendments to the bill in order to provide some limited flexibility in the administration of those new rules.

Furthermore, I would ask you to defer the coming into force of the bill so that we can have time to put in place the tools needed to ensure the success of the new provision while ensuring the integrity of the electoral process.

In closing, I would like to provide the committee with some technical documents suggesting wording for the proposed amendments to the bill.

Thank you, Mr. Chair.

November 15th, 2007 / 11:10 a.m.
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Chief Electoral Officer, Office of the Chief Electoral Officer

Marc Mayrand

Thank you, Mr. Chairman.

I'm pleased to appear before the committee today to discuss Bill C-16, the purpose of which is to add two advance polling days to the election calendar.

This bill provides greater flexibility for us to serve electors by giving them more opportunities to exercise their right to vote. In so doing, it facilitates participation and access to the electoral process. Access is, in fact, one of the strategic objectives Elections Canada set itself in the five-year strategy plan that we recently developed.

However, the bill presents a number of operational challenges, which touch on three elements: the fact of having two consecutive polling days in some 64,000 polling stations: differences in rules applicable for the day before election day and for election day itself: and, lastly, the proposed timeframe for implementation.

These challenges are in addition to a series of changes to the electoral process that include Bill C-31, passed last spring, and upcoming changes addressed in different bills recently introduced in Parliament. The adjustments resulting from the successive changes present challenges for electors, political entities and election officials that must be taken into account.

With regard to the first challenge, the bill provides for one last advance voting day the day before polling day. Day 1 in our jargon, and that is how I will refer to it this morning. Day 1 polling would be held in all of the approximately 64,000 polling stations used on polling day. This creates several operational issues for Elections Canada. I would like to focus on four in particular.

The first operational issue is recruiting and retaining election officers; indeed, this was already a major challenge even before the introduction of Bill C-16, owing partly to the fact that returning officers must wait for political parties to supply the names up to the 17th day prior to election day to hire deputy returning officers and clerks. And on that day, the political parties have usually supplied less than half of the names needed to fill openings. This means that, 17 days before polling day, most of the recruiting has yet to be done, and we need to be ready for the advance voting days, which start one week later. Furthermore, it is sometimes necessary to train up to 800 people in order to fill the 500 to 600 positions in each electoral district.

The second operational issue relates to polling stations and opening hours. Polling stations will be open from noon to 8:00 p.m. in all regions of the country, which effectively means a 10-hour working day, if one includes preparation time prior to opening the polling stations and procedures required following the close of the polling stations. However, in British Columbia, Alberta and the Yukon, polling stations must open again at 7:00 a.m. or 7:30 a.m. the next day for approximately a 14-hour work day, for a total of 24 hours' work over two days. Not only is this a great deal to ask of election workers, but also a short rest period increases the risk that workers who are not rested and ready for election day will fail to report for work on that day.

November 15th, 2007 / 11:05 a.m.
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Conservative

The Chair Conservative Gary Goodyear

Colleagues, ladies and gentlemen, I call the meeting to order. Thank you all for coming this morning. I appreciate everyone being here. The proceedings are being televised at the request of some committee members.

As agreed by the committee at the last meeting on Tuesday, and pursuant to the committee's order of reference of Thursday, November 7, 2007, the committee is here to continue its study of Bill C-16, which is the new number. This is the former Bill C-55 from the last session. It is an An Act to amend the Canada Elections Act (expanded voting opportunities) and to make a consequential amendment to the Referendum Act.

Madam Robillard, do you have a comment?

November 13th, 2007 / 11:25 a.m.
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Conservative

The Chair Conservative Gary Goodyear

Thank you, Mr. Reid.

Is there any further comment on preparation for the study of Bill C-16?

My understanding is that we will have witness lists in by three o'clock today. Our clerk will set up witnesses for Thursday. As well, we will have research available to members that I understand will be sent out tomorrow.

The other thing is that TV is ready, so I guess we'll just start the TV up at any time? All right, we're ready to go. Members, we are on TV in a public meeting.

The other thing I would like members to comment about, given that we're studying Bill C-16 on Thursday, is whether we still want this room. Do we still want that televised? My understanding from Madam Redman is that there is some value to televising committee meetings, but I want some indication from the committee itself on whether we'll be in this room and therefore televised. Are there any objections? Perhaps you can comment to me by the end of this meeting on whether or not we should be televised in this room on Thursday. I'm going to take the position that we will be in this room on Thursday, televised, unless I hear differently from the majority of the committee.

Moving forward, I want to remind colleagues that at the end of the last meeting we were on the subamendment to the main motion. Mr. Epp had the floor and the committee agreed to give Mr. Epp the floor today.

The other members I have on the debate list are Mr. Epp, Madam Redman, and Mr. Reid, and I'll still watch for names to be put up. We are ready to move forward.

Do members have copies of the main motion and the subamendment to the main motion in front of them? Okay, I think we're good on that.

Mr. Epp, please, you have the floor.

November 13th, 2007 / 11:20 a.m.
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Conservative

The Chair Conservative Gary Goodyear

Are there any other comments on Bill C-16?

I'm hearing that we will submit our witness lists by three o'clock today. The clerk will make every attempt to set up witnesses for Thursday's meeting. You will be informed of who is going to be here. I suspect that with the number of witnesses coming forward we'll have a full meeting. So that's the nature of the meeting for Thursday.

Mr. Reid, did you have a comment?

November 13th, 2007 / 11:20 a.m.
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Bloc

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

The Bloc Québécois would have one more name to add to the list. Therefore, we won't have everything wrapped up by 3 p.m. this afternoon. I propose Marcel Blanchet, Quebec's Chief Electoral Officer.

As for the suggestion of our colleague Karen Redman that we invite chief electoral officers who have already experimented with Sunday voting, since Quebec has tried it, I agree with my colleague's proposal. I would add to the list the former Chief Electoral Officer for Quebec, Mr. Pierre F. Côté, a prominent expert in this field in Canada. He has testified before the committee in the past and his expertise is very relevant.

That completes the Bloc Québécois' list of witnesses on Bill C-16.

November 13th, 2007 / 11:15 a.m.
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Conservative

The Chair Conservative Gary Goodyear

Okay. I just want to get a bit of a note from my support team here. Is it possible to get the witnesses in for Thursday and research done for Thursday?

What I'm hearing is that it depends on the witnesses' availability, which is always the truth, but I imagine we'll have a number of witnesses on the list who we can probably get here by Thursday, if we can have the witness list by.... What if I said three o'clock today for witness lists for Bill C-16?

November 13th, 2007 / 11:15 a.m.
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Conservative

The Chair Conservative Gary Goodyear

Are there any other comments?

I'll try to summarize what I'm hearing. Colleagues are ready to submit witnesses for Bill C-16. Most folks have in fact done their due diligence on witness lists, so we can probably move on that.

I'm also understanding that we don't just do Bill C-16, but that we work in conjunction with other matters before the committee.

Would it be possible to have the witness lists in so that we can have witnesses scheduled for Thursday?

Mr. Reid, please.

November 13th, 2007 / 11:15 a.m.
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Conservative

The Chair Conservative Gary Goodyear

Madam Redmond, I heard, too, that you might have suggested that we bring witnesses and perhaps study—did you say this?—Bill C-6 and Bill C-16 at the same time because the witnesses are common to the two. No? I misunderstood.

November 13th, 2007 / 11:10 a.m.
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Conservative

The Chair Conservative Gary Goodyear

I believe the committee has indicated to me that they want to briefly begin studying Bill C-16 and how we are going to go about doing that. The suggestion has been that we bring in witnesses, which of course is the way we should do that. We can start discussing the bill as well today, Mr. Lukiwski, but right now we're writing down names of potential witnesses.

November 13th, 2007 / 11:10 a.m.
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Conservative

Tom Lukiwski Conservative Regina—Lumsden—Lake Centre, SK

Quickly on a point of clarification, Chair, am I to understand that right now we're submitting potential witnesses for Bill C-16? Is that what we're doing?

November 13th, 2007 / 11:10 a.m.
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Conservative

The Chair Conservative Gary Goodyear

Thank you.

Madam Redman is absolutely correct to remind members that Bill C-16 is in front of us today.

We have Bill C-6, which received first reading October 26, 2007. That is the act to amend the Canada Elections Act regarding visual identification of voters. Bill C-16 is expanded voter opportunities, which is before us today, and our clerk is definitely writing down witness suggestions for the bill. I suspect this is the way the committee wants to proceed, with just a brief discussion about how we're going to go about studying Bill C-16.

I wasn't sure whose hand was up first over there. I'm going to go with Mr. Lukiwski, then Mr. Reid, please.

Canada Elections ActRoutine Proceedings

November 1st, 2007 / 10 a.m.
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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons and Minister for Democratic Reform

moved for leave to introduce Bill C-16, An Act to amend the Canada Elections Act (expanded voting opportunities) and to make a consequential amendment to the Referendum Act.

Mr. Speaker, pursuant to the special order made previously, I would like to inform the House that this bill is in the same form as Bill C-55 was at the time of prorogation.

(Motions deemed adopted, bill read the first time and printed)