Fair Elections Act

An Act to amend the Canada Elections Act and other Acts and to make consequential amendments to certain Acts

This bill was last introduced in the 41st Parliament, 2nd Session, which ended in August 2015.

Sponsor

Pierre Poilievre  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

This enactment amends the Canada Elections Act (“the Act”) to require the Chief Electoral Officer to issue interpretation notes and guidelines on the application of that Act to registered parties, registered associations, nomination contestants, candidates and leadership contestants. It also requires the Chief Electoral Officer, on request, to issue a written opinion on the application of provisions of the Act to an activity or practice that a registered party, registered association, nomination contestant, candidate or leadership contestant proposes to engage in.
The enactment also modifies the Chief Electoral Officer’s power under section 17 of the Act so that the power may only be exercised to allow electors to exercise their right to vote or to allow votes to be counted. It also limits the Chief Electoral Officer’s power to transmit advertising messages to electors and requires the Chief Electoral Officer to ensure that any information so transmitted is accessible to electors with disabilities.
The enactment further amends the Act to permit the Chief Electoral Officer to seek approval from parliamentary committees to test an alternative voting process (but where such a pilot project is to test a form of electronic voting, the Chief Electoral Officer must first obtain the approval of the Senate and House of Commons). The enactment also eliminates the mandatory retirement of the Chief Electoral Officer at age 65 and replaces it with a 10-year non-renewable term. It provides for the establishment of an Advisory Committee of Political Parties to provide advice to the Chief Electoral Officer on matters relating to elections and political financing. The enactment also amends the Act to provide for the appointment of field liaison officers, based on merit, to provide support to returning officers and provide a link between returning officers and the Office of the Chief Electoral Officer. It also enables the Chief Electoral Officer to temporarily suspend a returning officer during an election period and provides for the appointment of additional election officers at polling stations. Finally, it empowers registered parties and registered associations, in addition to candidates, to provide names of individuals for election officer positions and changes the deadline for providing those names from the 17th day before polling day to the 24th day before polling day.
The enactment also adds to the Act Part 16.1, which deals with voter contact calling services. Among other things, that Part requires that calling service providers and other interested parties file registration notices with the Canadian Radio-television and Telecommunications Commission, provide identifying information to the Commission and keep copies of scripts and recordings used to make calls. That Part also requires that the Canadian Radio-television and Telecommunications Commission establish and maintain a registry, to be known as the Voter Contact Registry, in which the documents it receives in relation to voter contact calling services are to be kept.
The enactment also replaces Part 18 of the Act with a new, comprehensive set of rules on political financing that corrects a number of deficiencies in the Act. Notably, the enactment
(a) increases the annual contribution limits for contributions to registered parties, registered associations, candidates and nomination and leadership contestants to $1,500 per year and by $25 per year after the first year;
(b) increases the amount that candidates and leadership contestants may contribute to their own campaigns to $5,000 and $25,000, respectively;
(c) permits registered parties and registered associations to make transfers to candidates before their nomination is confirmed by the returning officer;
(d) requires a registered party’s auditor to complete a compliance audit in relation to its election expenses return indicating that the party has complied with the political financing rules;
(e) requires registered parties, registered associations and candidates to disclose details of expenses for voter contact calling services in their returns;
(f) reforms the rules governing unpaid claims, making it an offence for claims to remain unpaid after three years and strengthening the reporting of unpaid claims;
(g) reforms the reporting requirements of leadership contestants;
(h) permits higher spending limits for registered parties and candidates if an election period is longer than the 37-day minimum;
(i) includes new rules on political loans; and
(j) defines “capital asset” for the purposes of reporting the distribution cost of advertising or promotional material transmitted to the public using a capital asset, so that the expense is reported as the corresponding rental value for the period in which it was used, and for the purpose of the disposal of the campaign surplus.
With respect to voter identification, the enactment amends the Act to require the same voter identification for voting at the office of the returning officer in an elector’s own riding as it requires for voting at ordinary polls. It also prohibits the use of the voter information card as proof of identity, eliminates the ability of an elector to prove their identity through vouching, allows an elector to swear a written oath of their residence provided that their residence is attested to on oath by another elector, and requires an elector whose name was crossed off the electors’ list in error to take a written oath before receiving a ballot.
The enactment also amends the Act to provide an extra day of advance polling on the eighth day before polling day, creating a block of four consecutive advance polling days between the tenth and seventh days before polling day. It requires a separate ballot box for each day of advance polling and details procedures for the opening and closing of ballot boxes during an advance poll. Finally, it gives returning officers the authority to recover ballot boxes on the Chief Electoral Officer’s direction if the integrity of the vote is at risk.
The enactment also amends the Act to, among other things, establish a process to communicate polling station locations to electors, candidates and political parties, to provide that only an elector’s year of birth is to be displayed on the lists of electors used at the polls, instead of the full date of birth, to permit candidates’ representatives to move to any polling station in the electoral district after being sworn in at any polling station in the district and to establish a procedure for judicial recounts.
The enactment further amends the Act to change how the Commissioner of Canada Elections is appointed. It establishes that the Commissioner is to be appointed by the Director of Public Prosecutions for a seven-year term, subject to removal for cause, that the Commissioner is to be housed within the Director’s office but is to conduct investigations independently from the Director, and that the Commissioner is to be a deputy head for the purposes of hiring staff for his or her office and for managing human resources.
The enactment also amends the Act to add the offence of impersonating or causing another person to impersonate a candidate, a candidate’s representative, a representative of a registered party or registered association, the Chief Electoral Officer, a member of the Chief Electoral Officer’s staff, an election officer or a person authorized to act on the Chief Electoral Officer’s or an election officer’s behalf. It also adds the offences of providing false information in the course of an investigation and obstructing a person conducting an investigation. In addition, it creates offences in relation to registration on the lists of electors, registration on polling day, registration at an advance polling station and obligations to keep scripts and recordings used in the provision of voter contact calling services.
The enactment further amends the Act to provide for increases in the amount of penalties. For the more serious offences, it raises the maximum fine from $2,000 to $20,000 on summary conviction and from $5,000 to $50,000 on conviction on indictment. For most strict liability offences, it raises the maximum fine from $1,000 to $2,000. For registered parties, it raises the maximum fine from $25,000 to $50,000 on summary conviction for strict liability political financing offences and from $25,000 to $100,000 on summary conviction for political financing offences that are committed intentionally. For third parties that are groups or corporations that fail to register as third parties, it raises the maximum fine to $50,000 for strict liability offences and to $100,000 for offences that are committed intentionally and for offences applying primarily to broadcasters, it raises the maximum fine from $25,000 to $50,000.
The enactment amends the Electoral Boundaries Readjustment Act to authorize the Chief Electoral Officer to provide administrative support to electoral boundary commissions. It amends the Telecommunications Act to create new offences relating to voter contact calling services and to allow the Canadian Radio-television and Telecommunications Commission to use the inspection and investigation regime in that Act to administer and enforce part of the voter contact calling services regime in the Canada Elections Act. It amends the Conflict of Interest Act to have that Act apply to the Chief Electoral Officer. It also amends the Director of Public Prosecutions Act to provide that the Director of Public Prosecutions reports on the activities of the Commissioner of Canada Elections.
Finally, the enactment includes transitional provisions that, among other things, provide for the transfer of staff and appropriations from the Office of the Chief Electoral Officer to the Office of the Director of Public Prosecutions to support the Commissioner of Canada Elections.

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.

Votes

May 13, 2014 Passed That the Bill be now read a third time and do pass.
May 13, 2014 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “this House decline to give third reading to Bill C-23, An Act to amend the Canada Elections Act and other Acts and to make consequential amendments to certain Acts, because, amongst other things, it: ( a) was rushed through Parliament without adequately taking into account the concerns raised by over 70 expert witnesses and hundreds of civil society actors that speak to a wide array of provisions that remain problematic in this Bill; ( b) prohibits the Chief Electoral Officer from authorizing the use of 'Voter Information Cards' as a piece of voter identification to be used alongside a second piece of identification, despite such cards being a method of enfranchisement and promoting smoother administration of the election-day vote and despite there being no basis for believing that these cards are, or are likely to be, a source of voter fraud; ( c) refuses to legislate the powers necessary for full compliance with, and enforcement of, the Canada Elections Act in light of experience with fraud and breach of other electoral law in the 2006, 2008 and 2011 general elections, notably, the power of the Chief Electoral Officer to require registered parties to provide receipts accounting for their election campaign expenses and the power of the Commissioner for Canada Elections to seek a judicial order to compel testimony during an investigation into electoral crimes such as fraud; ( d) eliminates the power of the Chief Electoral Officer to implement public education and information programs designed to enhance knowledge of our electoral democracy and encourage voting, other than for primary and secondary school students; and ( e) increases the influence of money in politics through unjustified increases in how much individuals may donate annually and how much candidates may now contribute to their own campaigns, thereby creating an undue advantage for well-resourced candidates and parties.”.
May 12, 2014 Passed That Bill C-23, An Act to amend the Canada Elections Act and other Acts and to make consequential amendments to certain Acts, as amended, be concurred in at report stage.
May 12, 2014 Failed That Bill C-23 be amended by adding after line 27 on page 51 the following: “351.11 No third party that failed to register shall incur election advertising expenses of a total amount of $500 or more.”
May 12, 2014 Failed That Bill C-23, in Clause 77, be amended by adding after line 20 on page 49 the following: “348.161 For greater certainty, the requirement referred to in section 348.16 to keep the scripts and recordings described in that section for three years does not preclude the Canadian Radio-television and Telecommunications Commission from establishing a system of voluntary commitments for calling service providers in which they pledge to keep scripts and recordings for periods longer than three years.”
May 12, 2014 Failed That Bill C-23, in Clause 77, be amended by adding after line 20 on page 49 the following: “348.161 For the purposes of determining the period of time during which each script is to be kept in accordance with section 348.16, the three-year period starts from the last time that the same or substantially similar script is used by the same caller.”
May 12, 2014 Failed That Bill C-23, in Clause 77, be amended by replacing line 11 on page 49 with the following: “years after the end of the election period, and provide to the Canadian Radio-television and Telecommunications Commission,”
May 12, 2014 Failed That Bill C-23 be amended by deleting Clause 41.
May 12, 2014 Failed That Bill C-23, in Clause 5.1, be amended by replacing line 35 on page 8 with the following: “under this Act, including information relating to the commission of an offence against a law of Canada or a province by an individual if, in the Chief Electoral Officer’s opinion, there is evidence of such an offence.”
May 12, 2014 Failed That Bill C-23, in Clause 152, be amended by adding after line 11 on page 242 the following: “(1.2) The report shall also include any concerns regarding the powers granted to the Commissioner by the Canada Elections Act.”
May 12, 2014 Failed That Bill C-23, in Clause 97, be amended (a) by replacing line 30 on page 195 with the following: “( a.1) section 351.1 (registered and non-registered foreign third party ex-” (b) by replacing line 4 on page 196 with the following: “( a.1) section 351.1 (registered and non-registered foreign third party ex-”
May 12, 2014 Failed That Bill C-23, in Clause 56, be amended by deleting line 9 on page 32.
May 12, 2014 Failed That Bill C-23, in Clause 7, be amended by replacing line 22 on page 9 with the following: “levels or to any targeted groups.”
May 12, 2014 Failed That Bill C-23, in Clause 7, be amended by adding after line 22 on page 9 the following: “(2) The Advisory Committee of Political Parties, established pursuant to subsection 21.1(1), shall provide the Chief Electoral Officer with its opinion on the impact of this section within two years after the first general election held after the coming into force of this section.”
May 12, 2014 Failed That Bill C-23, in Clause 5, be amended (a) by replacing line 6 on page 6 with the following: “Chief Electoral Officer within 20 days after the” (b) by replacing line 20 on page 6 with the following: “subsection (5) within 65 days after the day on” (c) by replacing line 22 on page 6 with the following: “65-day period coincides or overlaps with the” (d) by replacing line 25 on page 6 with the following: “65 days after polling day for that election.”
May 12, 2014 Failed That Bill C-23, in Clause 3, be amended by replacing line 17 on page 5 with the following: “(2) The mandate of the Chief Electoral Officer is renewable once only; however, a person who has served as Chief”
May 12, 2014 Failed That Bill C-23 be amended by deleting Clause 1.
May 8, 2014 Passed That, in relation to Bill C-23, An Act to amend the Canada Elections Act and other Acts and to make consequential amendments to certain Acts, not more than one further sitting day shall be allotted to the consideration at report stage of the Bill and one sitting day shall be allotted to the consideration at third reading stage of the said Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at report stage and on the day allotted to the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.
Feb. 10, 2014 Passed That the Bill be now read a second time and referred to the Standing Committee on Procedure and House Affairs.
Feb. 6, 2014 Passed That, in relation to Bill C-23, An Act to amend the Canada Elections Act and other Acts and to make consequential amendments to certain Acts, not more than three further sitting days shall be allotted to the consideration at second reading stage of the Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the third day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Fair Elections ActGovernment Orders

February 6th, 2014 / 5:20 p.m.


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NDP

Christine Moore NDP Abitibi—Témiscamingue, QC

Mr. Speaker, I would first like to say that, fortunately, being ridiculous is not a contagious disease; if it were, the Conservative Party would have been decimated at an alarming rate.

I would also like to say that I will be sharing my time with the hon. member for Ottawa Centre.

Why is this ridiculous? Because we have here a bill that, among other things, targets our democratic system, our electoral system. I think that deserves careful attention, especially with the scandals we have recently experienced.

With such an important bill before us, what does the government do? It introduces a closure motion to prevent us from discussing it. Right from the start, the way in which the Conservatives are acting is totally ridiculous.

I would like to take some time to remind my colleagues of some statistics about voter participation. At the 34th general election in 1988, the turnout rate was 75.3%. A few years later, in 2000, it was 64.1%. At the last election in 2011, only 61.1% of the population voted. So it is not hard to understand that the problem with voting is not that people are voting when they have no real right to do so. The problem is that people with the right to vote are not doing so.

At the last election, out of thin air, people in ridings that were considered tight for the Conservative Party received calls telling them that polling stations had been changed, among other things. That turned out not to be true. Therefore there were people who had the right to vote but could not do so. In the last election, the problem was that people were prevented from voting; it was not that people were voting without the right to do so. That was absolutely not the case. It is quite simple to understand. Unfortunately, with this bill, the Conservative Party seems not to have understood.

Courts have handed down major decisions involving Elections Canada, such as, for example, Hughes v. Elections Canada. In February 2010, the Canadian Human Rights Tribunal ordered a series of measures to improve accessibility at polling stations. One of those measures was to allow the voter identification card as proof of identity and address for groups of voters who were likely to have difficulty providing the necessary proof.

Bill C-23 makes it clear that the government is going against the recommendations set out in the Report of the Chief Electoral Officer of Canada on the 41st general election of May 2, 2011.

It is completely ridiculous to tell aboriginal communities, young people and seniors—who often do not have many pieces of identification—that we are going to make their lives more complicated and that they can only vote with a voter identification card or with someone who takes an oath.

In my riding, there are small communities with 300 people, where everyone knows everyone. If John Doe goes to vote and does not have any acceptable pieces of ID or there is no one to take an oath, he cannot vote. However, everyone working in the office, living in the town or standing in the room has known him for 40 or 45 years. They know exactly who he is. We can see how ridiculous this is.

Another major flaw in this bill is that the Chief Electoral Officer is prohibited from encouraging people to vote. All he can do now is say where, how and when to vote.

When I go to my riding and ask people why they did not vote, they say, “Why would I go vote?” We try to convince them that it is worthwhile. There is no lack of technical information.

If you think voting is worth it, you will go vote. In any event, people already receive the technical information. We need to convince people who are not voting to do so by explaining why it is useful to vote.

It is also important to ensure that it is not too complicated. Because of address changes, young people living in student residences often get discouraged and are not on the voters' list for the first time. They need to understand why voting is important. Now, unfortunately, this power will be taken away from the Chief Electoral Officer. We are setting aside the opportunity to increase voter participation.

Provincial legislation covers this aspect as well. There are a number of ways of approaching it. It is not obvious, but we need to keep fighting to increase voter participation. It is the very basis of our democracy. Someone had the power to do so, but that is now being taken away, which is completely ridiculous.

The government says it wants to use this bill to prevent big donors who have some control in the elections, but in perspective that makes no sense. In fact, this bill will increase the maximum threshold for individual donations from $1,200 to $1,500. That makes absolutely no sense. The Conservative Party knows very well that this will help it, meaning this is a bill made by the Conservatives, for the Conservatives, that gives them the means to get a head start in future elections.

While a serious problem with election fraud and problems in our electoral process need to be fixed, the government is only offering a partisan response that only the government will benefit from. It makes absolutely no sense.

The thorny issue of contributions to parties was addressed recently in Quebec. After some thought and consultations, it was decided that contributions would be significantly reduced. As a result, the practice of funnelling money through straw men is now practically ineffective because it takes too many people to generate a significant donation.

If the amount donated per person is $1500 and you find 10 people who want to be straw men, you are already up to $15,000. If you find 20 people, you are at $30,000. However, if contributions were limited to $200 or $300 per person, things would be much more complicated. You would need to find a lot more people to fill a party's coffers.

This line of thought was not pursued in the consideration of the bill. In fact, the minister said that he had met with the Chief Electoral Officer, which is absolutely not true. We have no idea why they came up with this bill, other than the fact that they just wanted to find a way to have a head start in the next federal election.

I am extremely disappointed, especially since the NDP had a motion passed unanimously, calling for action within six months. The only thing the government was able to produce in six months is this. It makes no sense that the government took so long to come up with a bill that will overwhelmingly favour the Conservative Party. This bill does not even honour the principle of improving our electoral system. That is a real shame.

We could have done a lot better. Canada routinely monitors the elections of foreign countries to ensure that the democratic process is followed. However, when the time comes to improve our electoral process, the government tries to come up with bills filled with flim-flam to favour the party in power. That is unacceptable. The attitude of the Minister of State for Democratic Reform is irresponsible and quite ridiculous.

Fair Elections ActGovernment Orders

February 6th, 2014 / 5:30 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, one of the issues we have always found with the Conservative government since it achieved its majority is that it seems to want to do things its way or no way.

In terms of amendments, we have the fair elections act coming before the House, and there is a great deal of concern about the need to bring forward amendments to make it better legislation. Our critic responsible for the act has already directly asked the minister about accepting amendments. It is a concern we have within the Liberal Party.

Amendments will be brought forward, and we are appealing to the government to seriously look at accepting amendments. This is not something it has done in the past.

I wonder if the member might want to add her comments in regard to the need to improve the legislation through amendments and any concerns she might have regarding the amendments her party might be bringing forward.

Fair Elections ActGovernment Orders

February 6th, 2014 / 5:30 p.m.


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NDP

Christine Moore NDP Abitibi—Témiscamingue, QC

Mr. Speaker, first of all, I would like to point out that I made a small mistake. I will be sharing my time with the member for Vancouver East.

In response to my colleague's question, we have before us a bill introduced by the Minister of State for Democratic Reform. The least he could do is to be willing to accept a democratic process in committee and to accept amendments.

Since being elected, I have seen that the Conservatives are unable to accept a single amendment from the opposition, even if it is reasonable, well founded and based on a number of solid arguments. They cannot do it. They even refuse amendments to correct French language errors in bills. Of course, the members who refuse these amendments only speak English and say that they do not agree with correcting a French language error.

They will not even agree to improving the language errors in a bill. I am truly afraid of what will happen in committee. I hope that the Conservatives will not have the hypocrisy of not even accepting a little democracy in their study of this bill, which was introduced by the Minister of State for Democratic Reform.

Fair Elections ActGovernment Orders

February 6th, 2014 / 5:30 p.m.


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Oak Ridges—Markham Ontario

Conservative

Paul Calandra ConservativeParliamentary Secretary to the Prime Minister and for Intergovernmental Affairs

Mr. Speaker, we keep coming back to a certain area of the discussion with respect to identification. We have gone over it a number of times. A number of pieces of identification would be eligible to be used to prove a person's identity. The bill would also allow for interpretation and would allow the Chief Electoral Officer to add pieces of ID.

We keep coming back to page 25. I will do my best to read it in French, and I apologize.

(3.1) If the address contained in the piece or pieces of identification provided under subsection (2) does not prove the elector’s residence but is consistent with information related to the elector that appears on the list of electors, the elector’s residence is deemed to have been proven.

What that would do is give the polling clerk the opportunity to make the determination that even if people did not have the full identification required to prove their residence, they would still be eligible to vote.

How would that not improve the voting system and allow people the opportunity to vote while at the same guaranteeing Canadians that the vote being cast was being cast by the right person?

Fair Elections ActGovernment Orders

February 6th, 2014 / 5:35 p.m.


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NDP

Christine Moore NDP Abitibi—Témiscamingue, QC

Mr. Speaker, during the last election, people were thrilled to be able to vote with their voter identification cards. It really simplified things.

I am a nurse and I sometimes work with seniors. It is surprising, but some of them have no identification whatsoever. They expire over time, and some people never bother replacing them. It is impossible for them to prove their identify with any documentation. Now they are going to be told that they cannot vote, even if they were made to swear an oath, for instance.

It makes absolutely no sense to make it harder for people to vote, especially since that is not the problem. The problem right now is not that we have ineligible voters trying to vote. The problem is when the Conservative Party sends people to vote somewhere that is not where they were actually supposed to vote. They are prevented from voting. That is the problem.

Fair Elections ActGovernment Orders

February 6th, 2014 / 5:35 p.m.


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NDP

Paul Dewar NDP Ottawa Centre, ON

Mr. Speaker, I rise today determined to outline our party's perspective on the difference between making changes to the Canada Elections Act to allow more people to vote and increasing the franchise for people.

Bill C-23 is really about the Conservative Party and about the problems it has had over the last number of years. We outlined some of them earlier.

I want to speak about our vision of a fair voting system and how we could improve voter turnout, not just for young people but for those individuals who find it difficult to vote. I want to speak about how we might do a better job.

I have previously quoted Alfred E. Smith, a former well-known governor of New York and a populist. He was a reformer in the area of child labour. He believed deeply in the idea of democratic development and was very passionate about it. He was a passionate advocate for the poor. He pushed for more democracy. One of my favourite quotes is, “All the ills of democracy can be cured by more democracy”. I believe in that.

We feel that we can address these issues in a better way than what we see in this legislation. The bill contains layer upon layer of technical aspects.

The Conservatives had a lot of problems. I will not go over all of them, because they are well known.

We hear from the government that this would open up opportunities for more people to vote. It would increase voter turnout. The problem is that the legislation would take away the very powers required by Elections Canada and its agents to encourage more people to vote.

In 2006-07, I was the NDP critic for democratic reform. I was responsible for providing our party's critique on Bill C-31. That was the last time we looked at changing some of the provisions in the Canada Elections Act. Photo ID was one of the provisions.

One of the provisions in that bill at the time, which we fought vehemently, was the addition to the voters list of birth dates. My colleagues and I had to enlist the support of the Privacy Commissioner to kill that provision. The other parties thought it was a great idea. They thought it was okay to have one's date of birth on the voters list. At the time, I called it a voter ID theft kit, brought to Canadians by their government. As we know, all that is needed for fraud is having someone's date of birth, address, and some other information. That is what the government wanted to provide. Thankfully, that was taken out of the bill after a lot of persuasion.

Another part of that bill was also interesting to me. When we were pushing the government on the issue of the introduction of photo ID, it had to acknowledge that many people do not have access to that kind of information. There was a huge hue and cry from people on low incomes, from seniors, and from transient people.

The government suggested that the provisions being put forward would be okay. One of those provisions was on vouching. The government changed the vouching system so that not just anyone could vouch for someone. It would have to be someone within the riding, and only one person could vouch. We came up with a suggestion we thought made sense. We suggested having a vouching system whereby the citizen could vouch for who he or she was and the ballot would be put aside if there was any concern and could be tracked.

The most disconcerting part of that legislation was that the Conservatives decided to continue what the Liberals had done in 1997, and that was to end universal enumeration.

I have listened carefully to the speeches. There is a lot of rhetoric from the other side about young people who are not voting. They said that with this legislation and by promoting the idea of voting, and the minister talked about telling people where to vote and how to vote, they will vote.

All of that has been done in the past. We have seen it. What has not been done and has not been acknowledged by the government, and which the minister and one of his colleagues acknowledged was a good idea, is having universal enumeration, meaning going out and making sure that every single person who is eligible to vote in every election is given that opportunity. We do not have that anymore.

Growing up, Mr. Speaker, you and I looked forward to when we would turn 18. A person would come to our door and enumerate us for the election. Our names would go on the voters list. We would know for certain that our names would be on the voters list, because we were enumerated.

We are asking that this provision be brought in. Let us go over what the government has said this bill will do. It has said that it will bring more people to the voting stations, because they will know where the voting stations are, and that more people, such as young people and others who are typically under-represented, will participate because of more publicity.

One thing is missing in that equation, and that is giving people the opportunity to vote because they have actually been enumerated. The sad thing is we put that idea forward previously, when I was the critic in 2006-07 when we debated Bill C-31, and the government rejected it.

Everyday people, as the government likes to call citizens, think it is common sense. It makes sense for everyone to have the opportunity to have his or her name on the voters list. What would that do for people who are students? I have a couple of universities in my riding. In the last election, they were caught between voting here, where they were at school, or where they reside in the summer. Their names did not show up on either list. If we had a dedicated process for universal enumeration, and not just in certain areas, as we do now, we would actually deal with that.

Seniors who might be moving from their residences into care homes or who have been in the hospital and have moved back home are another huge demographic that is left off the voters list.

For first nations, what we found out last time was that the requirement to have a photo ID also meant that people had to have an address. Well, when we look at addresses for people living on some of the reserves and in first nations communities, that was not the case. They did not have the address provisions. Tweaking was needed there. If people were there to do the actual enumeration, that would take care of it.

Those are what I would call common sense ideas, along with doing some other things that we have seen the Government of Manitoba do. It provides voting in places where we see actual activity, such as having young people voting in shopping malls. I think that makes sense. We could extended the opportunity to vote by extending the number of days for early balloting.

If we did those things, we could also promote. However, what the government has done in this bill is say that it would take the tools and the power away from Elections Canada. The idea of putting it in the Office of the Prosecutor is an interesting parlour trick. We saw what the government did with the Parliamentary Budget Officer. The government tried to put the Parliamentary Budget Officer away so that no one could actually get the accountability we needed. Despite that, the PBO was able to do the job.

The government would try to shut those things down. Make no mistake, at the end of the day, this bill is not about opening the franchise to more people or increasing the opportunity for more people to vote. In fact, what this bill is about is the Conservative Party trying to deal with all of the challenges it has had in the last number of years. I will not go through the list with the in-and-out and the other issues around how its databases were abused for nefarious purposes.

At the end of the day, the NDP is saying a couple of clear things: Give Elections Canada the power it needs; give Elections Canada the resources it needs; and, finally, let us make sure every single Canadian who is eligible to vote has an opportunity to vote by bringing in and re-establishing universal enumeration for all Canadians.

Fair Elections ActGovernment Orders

February 6th, 2014 / 5:45 p.m.


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Oak Ridges—Markham Ontario

Conservative

Paul Calandra ConservativeParliamentary Secretary to the Prime Minister and for Intergovernmental Affairs

Mr. Speaker, I know the hon. member will undoubtedly bring his suggestion forward to committee with respect to enumeration. There are a few things in the bill that he did not like. I wonder if he might identify a couple of things in the bill that might actually improve on the process of voting.

I wonder if he also might comment with respect to some of the provisions in the bill that add, in particular, an extra day of advance polling, and that limit the amount of polls that can happen in any polling station to 10. We hear from people that when they come home after work the polling station is too busy and that is one of the reasons they do not go out to vote the next time.

The bill would provide more resources to the polling officers to make the function of the election easier and better, and make it easier for people who are disabled to access a polling station. These are all things that are in the bill.

On page 25, new subsection 143(3) would identify how people who might not necessarily meet all of the criteria with respect to the burden of proof regarding their address would still be able to vote. I wonder if that does not solve the problem that he brings forward with respect to vouching. All of the members who have brought forward vouching have refused to answer that question. I wonder if the member could talk about those two things.

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February 6th, 2014 / 5:45 p.m.


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NDP

Paul Dewar NDP Ottawa Centre, ON

Mr. Speaker, we put the ideas forward about increasing the number of days of advance voting, as I mentioned in my comments, so clearly I agree with myself.

We also wanted to see Elections Canada be given the tools to promote engagement. If it had more resources, it could better situate polling stations. All of us have had those challenges, particularly for disabled people. We still have voting stations that are inaccessible. With respect to limiting the number, that is fine. It could do that without this legislation, frankly, through a directive to Elections Canada.

Finally, to address page 25 of the legislation, if we were to have universal enumeration, then we would not have this dilemma. I would go back to whether the government is willing to adopt this, yes or no? It was not before; if it has changed its mind, that is great.

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February 6th, 2014 / 5:45 p.m.


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Liberal

Wayne Easter Liberal Malpeque, PE

Mr. Speaker, this is important legislation. Others talked about the closure earlier. I believe that in doing a bill about our democracy and elections and ensuring they are fair, the government has started off on the wrong foot, without any real consultations with Elections Canada. They talked way back when. I just saw the head of Elections Canada on TV a minute ago, complaining about many sections of the bill.

I would ask the member a broad question. When we cut to the chase, is the government not really splitting the commissioner and Elections Canada in such a way as to make it more difficult, maybe even having the commissioner under the thumb of the government, fearful for his job, rather than out there looking at some of the things that have gone wrong in past elections? The government has a record of wrongdoing when it comes to elections.

Does the member think in the next election that we may even have to call in the United Nations as observers to an election in Canada?

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February 6th, 2014 / 5:50 p.m.


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NDP

Paul Dewar NDP Ottawa Centre, ON

Mr. Speaker, we might come to that. I think voter suppression is the key aspect of the bill. Bill C-31 started that, and we saw that in the United States. People were joking about voter suppression. I pointed out that it started here, when they were referencing some of the United States in the last election where voter suppression methods were used. We just had to look here where we are restricting people's access to their franchise.

Again, if the government really believes in universal suffrage, then universal enumeration should follow. I have to say that curtailing the Chief Electoral Officer is clearly a play to suppress elections, generally, by the government, to have more control. I know the government does not like it, and it is a matter fact. If we do not give resources and powers to the Chief Electoral Officer, then the government is being very transparent in one way, that is, it wants to, and is trying to, suppress votes even more.

The House resumed consideration of the motion that Bill C-23, An Act to amend the Canada Elections Act and other Acts and to make consequential amendments to certain Acts, be read the second time and referred to a committee.

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February 6th, 2014 / 5:55 p.m.


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Conservative

Ed Holder Conservative London West, ON

Mr. Speaker, I would ask you to let me know when I am down to my last 19 seconds, since my time seems to be eaten away by the moment.

Today had to be one of the most bizarre days I have seen in the House of Commons. I say this because, as all members of this House who know me relatively well know, when I make comments, I speak from my heart and I speak with passionate conviction about doing the right thing.

Today we did not have an opportunity to give our statements in the House because of what I would respectfully call “nonsense”. We had slow votes on the other side, and somehow that was going to progress and would give us an opportunity to have more democracy in this House.

I would suggest that was one of the most embarrassing things I have witnessed. I think colleagues around this whole House must have been embarrassed, including some of the members who participated, because we did not have an opportunity, with all of these slow votes, to give our statements in the House.

We did not get unanimous consent, and I did not get the opportunity today to honour a great Londoner, a 93-year-young veteran who was, in 1948, a member of the Canadian Olympic hockey team. His name is Andy Gilpin.

These last few seconds give me the chance to at least mention his name and to suggest that all members of the House, if we have any respect for what we are trying to do as members of Parliament, stop this nonsense and not embarrass ourselves in this House. I would ask all of our colleagues to be respectful parliamentarians.

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February 6th, 2014 / 6 p.m.


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NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, I certainly will not let my colleague, for whom I have the utmost respect, judge how we vote, especially given that a 46th time allocation motion was moved today. It flies in the face of our democratic rights. I doubt that any of my NDP colleagues would tolerate a lesson in democracy from the government.

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February 6th, 2014 / 6 p.m.


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The Acting Speaker Bruce Stanton

It is not a point of order, but rather a debate about the facts presented by the hon. member for London West.

I will let the hon. member for London West know that he will have approximately eighteen and a half minutes remaining in his time when the House next resumes debate, and of course the usual 10 minutes for questions and comments.

It being 6:02 p.m., the House will now proceed to the consideration of private members' business as listed on today's order paper.

The House resumed from February 6 consideration of the motion that Bill C-23, an act to amend the Canada Elections Act and other acts and to make consequential amendments to certain acts, be read the second time and referred to a committee.