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.

Democratic ReformOral Questions

June 19th, 2014 / 3 p.m.


See context

Nepean—Carleton Ontario

Conservative

Pierre Poilievre ConservativeMinister of State (Democratic Reform)

Mr. Speaker, with royal assent, the fair elections act will be enacted today. Identification will now be mandatory in order to vote.

With today's royal sanction, we have finally and happily achieved the fair elections act, and it will be passed into law.

We will have royal assent. We will have a requirement for physical ID every time someone votes. No longer will politicians be able to use loans to get around donation limits. We will have independent investigations. It is fair, it is reasonable and, as of today, it will be the law.

Democratic ReformPetitionsRoutine Proceedings

June 12th, 2014 / 11:05 a.m.


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NDP

Robert Chisholm NDP Dartmouth—Cole Harbour, NS

Mr. Speaker, I have two petitions. The first one is signed by hundreds of my constituents and other Nova Scotians who are appalled by Bill C-23 and the affront to democracy.

Bill C-24—Time Allocation MotionStrengthening Canadian Citizenship ActGovernment Orders

June 9th, 2014 / 12:25 p.m.


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NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, I will start by saying “71”. That is the number of times that the government has brought in closure on debate in the House. It is a record, by the way. I am sure by the end of the day, it will be 72, and if not today, it will be tomorrow.

The minister said that the NDP is saying the same thing over and over again. The NDP has a lot to say on this legislation because it is important legislation. It is more a matter of him not liking what we have to say and that he would like to dismiss it.

He also said that the system is working very well. I can understand that. From his point of view, the system is working very well when the government controls it 100% and can basically bypass the legislative process in the House.

I do need to point out that no witnesses were heard when the bill was at committee. The government says that pre-consultation was done. The fact is that we abide by due process at committee, hearing parliamentary witnesses at committee. That is an integral part of the parliamentary process. Quite frankly, I am shocked and disturbed that the minister is not taking responsibility and does not see the error in trying to bypass a legitimate process at committee. There is no excuse for it.

Of course, it is the government's prerogative if it wants to hold pre-consultations. However so many bills, whether it is Bill C-23 or this legislation, are being rammed through the House without due process, and that negates the very reason we are here. We were elected to hold the government to account, to examine legislation, and the committee process is an important part of that.

Again, we are having another vote on a closure motion, a censure on debate, on an important bill. How can the minister defend that? How can he defend bypassing an important stage at committee?

Democratic ReformOral Questions

June 5th, 2014 / 2:55 p.m.


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NDP

Peter Julian NDP Burnaby—New Westminster, BC

Now, the information is coming out, Mr. Speaker.

The Conservatives' deeply flawed Bill C-23 failed to effectively target deceptive phone calls. Now we can see why.

At the trial of a former Conservative staffer, one of the witnesses has just stated:

This scheme was clearly wide-spread, national and well organized. It required access, and ultimately complicity from someone higher up in the campaign....

Given these troubling allegations, would the government agree to finally introduce a bill that would actually go after these kinds of national voter suppression crimes, yes or no?

Democratic ReformOral Questions

June 5th, 2014 / 2:55 p.m.


See context

NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, Bill C-23, the electoral “deform”, has been criticized far and wide. Just today, at the electoral fraud trial in Guelph, we learned that Andrew Prescott—

Alexandrine Latendresse NDP Louis-Saint-Laurent, QC

I have a quick question about Bill C-21, dealing with loans to political parties.

In committee, you said that the common limit for loans and donations really is a problem. From what I understand about Bill C-23, it comes up again. The limit has been increased to $1,500. Bill C-21 has been sort of integrated into it all. At the moment, loans and donations have the same limit.

Have you thought about mechanisms to tackle that matter? I do not have the exact quotation, but I remember that you said that it could cause a number of problems.

Craig Scott NDP Toronto—Danforth, ON

Thank you. I will mention one last thing.

This is not technically—I realize it doesn't cost; it's just a little bit more ink. But one issue came up in the amendments phase of Bill C-23. Given that we in opposition and the official opposition had lost the fight to retain the voter information cards, we were greatly concerned that the 800,000 to 900,000 people officially authorized to use them in a number of settings in 2011 will well remember that and not necessarily know that the rules have changed. We moved for an amendment to have the VIC prominently stamped with a very clear message to say it cannot be used, that it's an aid, etc.

Can we possibly make sure that it's very prominent? Otherwise it will cause confusion.

Craig Scott NDP Toronto—Danforth, ON

Thank you, Mr. Chair.

Thank you, Monsieur Mayrand, for coming again to the committee.

I hope when you come in the fall, you might be able to address the following questions.

Some of the concerns coming out of Bill C-23 were that we might end up with some unexpected bottlenecks and challenges at the polls. Voter information cards will no longer be able to be used. It could be that we end up with even more vouching in 2015 than we had in 2011. Vouching for address has been restored—it's in the new bill—but people will not be able to prove address with the voter information card. It's reasonable to assume that more people might well need to be vouched for than was even the case in 2011. That takes resources,and it takes training, and there could potentially be bottlenecks in areas where that's most likely.

The second thing is that Bill C-23 includes the right of scrutineers effectively to challenge, to see but not handle identification, with very unclear rules about what happens when they don't like what they see. There is a practice in certain jurisdictions for that to be aggressively used as a right by scrutineers and it can create lineups.

I'm hoping that Elections Canada can take into consideration these kinds of scenarios in planning their budget. I'd be grateful for any information on that in the fall. If you have any comments now, that's fine. Otherwise, it's just a request for the future.

Alexandrine Latendresse NDP Louis-Saint-Laurent, QC

Okay.

I would also like to ask you some questions about Bill C-23 and about the way in which you will be planning the next budget.

An election is on its way and there will be new changes. In your opinion, what will the major financial impact of BillC-23 be?

June 5th, 2014 / 11:20 a.m.


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Chief Electoral Officer, Elections Canada

Marc Mayrand

I cannot estimate that at the moment, at least not before having accounted for Bill C-23. Adding 30 constituencies with elections held in the same way as in 2011 would involve an additional $9.2 million in the budget for the election.

June 5th, 2014 / 11:20 a.m.


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Chief Electoral Officer, Elections Canada

Marc Mayrand

We are still at the stage of analyzing the operational impact of the new act. My proposal today is to come back to this committee in the fall to present our analysis of that impact, and its financial consequences.

I would like to be able to come back before the committee to explain how we are going to implement the new provisions of the act and to present at least a preliminary draft of the budget for the 2015 election. Bill C-23 aside, a number of factors will influence that. Clearly, there will be the addition of 30 constituencies and inflation-related costs. Various factors come into consideration, and then we have to add the cost of implementing Bill C-23. It would be premature for me to suggest figures at this time.

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

Mr. Mayrand, your final comment brings me to the question I had meant to raise anyway, which is that the Commissioner of Canada Elections, assuming Bill C-23 becomes the law of the land, gets through the other place and gets royal assent, will move to the Director of Public Prosecutions' office. With him he'll take not only his personnel but obviously the financial needs necessary to deal with the core funding. I'm aware that he receives funding for investigations directly out of the consolidated revenue fund, but he has core funding, which I gather from his report—actually, I'm a little uncertain of this in asking this question—amounts to the salary of his six indeterminate employees and has a total of $541,000.

Is that right, or is there a larger amount associated with his ongoing expenses?

Marc Mayrand Chief Electoral Officer, Elections Canada

Thank you, Mr. Chair.

Thank you for inviting me to discuss the 2014-2015 main estimates for my office.

I am accompanied, on my right, by Mr. Hughes St-Pierre, Chief Financial and Planning Officer, Mr. Belaineh Deguefé, Deputy Chief Electoral Officer, Integrated Services, Policy and Public Affairs and Mr. Michel Roussel, Deputy Chief Electoral Officer, Electoral Events.

Prior to discussing my office's report on plans and priorities, I wish to remind the committee that, at the time of preparing our main estimates, Bill C-23 had yet to be introduced. As a consequence, the priorities outlined in the report will need to be reviewed and adjusted. We will also review our operating budget and draw on the statutory authority to deal with additional expenditures that may be required.

I would like to appear before the committee again in the fall to give you more information on our progress in implementing the provisions of the Canada Elections Act; on key changes for the next general election in this new operating context; and on our initial budget estimates for that election. As we continue our preparations, I would like to underline my commitment, and that of my staff, to implementing the provisions of the act in a timely and effective manner.

Today, the committee is studying our annual appropriation, which is $30.5 million. This represents the salaries of approximately 350 full-time-equivalent employees. Combined with our statutory authority, which funds all other expenditures under the Canada Elections Act, our 2014-15 main estimates total $97.1 million. This is a $18.7 million decrease from our 2013-14 main estimates. There are three main reasons for it: the phasing out of quarterly allowances to political parties, a $7.4 million decrease; the completion of the main components of our office consolidation project, a $9.3 million decrease; and the conclusion of the redistribution of electoral districts, a $2.5 million decrease.

The major focus of my office for this fiscal year is completing preparatory work and mobilizing our resources to achieve a state of election readiness for an election called after April 2015. In preparation for a 2015 general election, we are improving the services required for voters. This includes implementing the provisions of Bill C-23. Our overall objectives are to ensure the integrity of the conduct of elections and make it easier for Canadians to register and vote. I would like to explain some of this work in more detail.

As indicated in our management response to the 2013 compliance review report, we are planning additional administrative measures to improve compliance with election day procedures. These include improved recruitment practices, modernized training, and when possible, simplified procedures and clearer instructions for election workers.

Record-keeping errors occur when election officers handle exceptions, such as voters whose names do not appear on the list. To address this issue, we will pursue measures to ensure that we have the most accurate and current voters list possible on election day.

This year, Elections Canada will introduce a new voter registration system. This system will combine a new, online registration service with a new approach to revising the voters list during an election, one that targets polling divisions known for high volumes of polling day registrations, and it will promote voter registration among first-time electors. To make this possible, my office has invested in developing a secure national voter database that can be updated in real time by returning officers and electors themselves during an election.

We are also making improvements to the electoral reminder program, which is our multi-media advertising and information campaign for elections. It delivers information to electors on where, when, and how to register and vote, and how to provide their identity and address.

For the next general election, information will be provided in a wide variety of new formats. There will be frequent reminders to ensure that Canadians know how to register and know their options for voting: on election day, at advance polls, by mail, or at their local Elections Canada office.

One important focus will be on reaching electors before the issue of the writs through targeted promotion of online registration to reduce the registration at the poll.

I have provided members with a handout that summarizes the goal of the program, the channel we will use to connect with electors, and the general timing of its rollout.

Finally, we will offer increased specialty communications for people with varying abilities, such as products in Braille or large print, open- and closed-captioned videos, and specialty audio broadcasts. As well, our website will describe the accessibility of individual polling sites. We will also continue to provide information in numerous aboriginal and heritage languages.

Another priority this fiscal year will be, of course, to implement the new provisions of the act resulting from Bill C-23. I will mention only two aspects today.

First, Bill C-23 moves the Commissioner of Canada Elections from our agency to the Office of the Director of Public Prosecutions. My officials have initiated discussion with that office for the transfer of the commissioner and his staff.

Second, Bill C-23 requires the Chief Electoral Officer to issue non-binding guidelines and interpretation notes as well as written opinions on the application of the act to registered parties and associations, nomination contestants, candidates, and leadership contestants. We plan to convene the advisory committee of political parties in the fall to determine an approach and forward agenda for addressing these provisions. I intend to use this opportunity to formalize the committee's role as an advisory body to the Chief Electoral Officer.

Thank you, Mr. Chair. My colleagues and I are happy to answer questions that the committee may have.

Canada-Honduras Economic Growth and Prosperity ActGovernment Orders

June 3rd, 2014 / 8:30 p.m.


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NDP

Dan Harris NDP Scarborough Southwest, ON

Mr. Speaker, it is an honour to rise tonight to speak to this bill. It is the first time I have risen to speak to a bill in a while because of the time allocation that keeps being brought forward by the government and has prevented me, as the member of Parliament for Scarborough Southwest, from representing my constituents' views on things like the budget or Bill C-23, the unfair elections act. The Conservatives continually cut off debate.

I am rising to speak to Bill C-20, an act to implement the free trade agreement between Canada and the Republic of Honduras. I have to say that I find it disturbing that the government is now presenting this bill. I believe that Canadians hold true a certain set of values based on decency, fairness, a respect for human rights, and, yes, the law as well. Many Canadians are very proud, as am I, of our country's record of peacekeeping in areas of international conflict. Many Canadians are proud of our tradition in history of being champions of human rights around the world. This bill is a definite departure from those values Canadians hold close and that we proudly identify as our own that make us all proud to be Canadians. This bill underscores the trend in Conservative foreign affairs that focuses less on our shared values of decency and fairness and respect for human rights and more on the narrow interests of a few industries.

It is disturbing, deeply troubling, and very sad. It is hard for me and for many Canadians to understand why the Conservatives would even want to negotiate a free trade agreement with a country like Honduras, which hat has one of the most horrendous records on human rights. I was particularly disturbed after reading the testimony and opinions of some of Canada's leading experts on foreign affairs in Central and Latin America. Stacey Gomez, coordinator of the Canadian Council for International Co-operation’s Americas Policy Group, had this to say about a free trade agreement with Honduras:

We have long maintained that under the right conditions, trade can generate growth and support the realization of human rights. These conditions simply do not exist in Honduras....until there is a verifiable improvement in the country’s democratic governance and human rights situation...the Canada-Honduras FTA will do more harm than good.

This is really the measure with which we have to negotiate and look at every trade agreement that we would sign with other countries in the world. The simple reality is that we are not going to get 100% of what we want in every trade agreement. It is not going to be 100% good and 0% bad no matter where we turn to do trade. We always have to find that right balance between the economic goods and the potential harms that might exist in a trade agreement. That is whether we are negotiating one with Europe, with China, or with Honduras. In this case, with Honduras, we truly do believe that this trade deal would actually enable the continued human rights abuses. It would enable the further degradation of life for many people in that country because it would embolden the regime that came about as the result of a military coup to continue doing the kinds of things that it has been doing.

That is why we also believe, as Stacey Gomez does, that the Canada-Honduras FTA would do more harm than good.

Before the provincial election was called in Ontario, I was out doing my regular “have your say” canvassing, where I go out to speak to constituents at their doorsteps to find out what issues matter to them. On that particular occasion, I was going out and speaking to constituents about the cuts that are proposed and coming to Canada Post, the ending of home mail delivery. I ran into a couple in an apartment building near Victoria Park and Queen Street who, out of the blue, thanked me for opposing this trade deal. I have to admit that I was taken aback because foreign affairs and trade is not a topic that comes up on the doorstep very often in Scarborough Southwest. I asked these constituents why they had problems with this particular trade deal. They worked for an agency that does work in Honduras, one of those agencies that is trying to shine a light into those dark places in the world. Only two weeks earlier a Honduran staff member of that organization had been killed and is now one of the numbers of people who have been eliminated by the regime. That loss was felt throughout the organization. Sitting at their doorstep, it was clear to me the impact it had on these two individuals. This is the kind of thing that all of us we try to leave work at work and not bring home at night, but it was clear that had impacted them and they were taking that loss back home with them at the end of the workday.

It is hard for me, and I think for many Canadians, to see how the country of Honduras comes close to meeting the criteria that would justify us signing a trade agreement, the one that determines there would actually be more good generated than harm.

Many Canadians are wondering perhaps what is really at play here. Testifying before the Standing Committee on International Trade on April 22, 2013, Sheila Katz of Americas Policy Group, Canadian Council for International Co-operation, told members that “the Americas Policy Group has recommended that Canada refrain from concluding free trade agreements with countries that have poor democratic governance and human rights records”.

She also said that, “Canada's eager recognition of a president who came to power in a military coup in Honduras in 2009” is another example of “Canada prioritizing the trade pillar of its Americas strategy above the rest. Since the coup, hundreds of regime opponents have been intimidated, arbitrarily arrested, disappeared, tortured and killed”, just like the person who worked for that agency that two of my constituents work for.

Further, she said that, “The Americas Policy Group is concerned that Canada has validated this regime by adopting a business-as-usual approach and signing a free trade agreement with Honduras, in spite of its horrendous human rights record”.

Honduras is a very poor country with a seriously flawed human rights record and a history of repressive undemocratic politics. The democratically elected government was toppled by a military coup in 2009 and subsequent governmental actions and elections have been heavily criticized by international observers as failing to meet acceptable democratic standards. NGOs have documented serious human rights abuses; killings; arbitrary detentions of thousands of people; severe restrictions on public demonstrations, protests, and freedom of expression; and interference in the independence of the judiciary. Of course, we perhaps have been encountering some of that here at home recently, but it really cannot be compared when there is an argument between the Prime Minister and the Chief Justice compared to the kinds of things and the interference that happens in Honduras, which is far worse. That said, none of it should be tolerated.

Honduras has the highest murder rate in the world and is considered the most dangerous country in the world for journalists, the ones who tell the stories about what is happening in the country. They are the people who tell the stories about what is happening in a parliament or the stories of what a government is doing that shines a light on the things that are happening back home.

Transparency International ranks it as the most corrupt country in Central America, yet our government is forging ahead, pushing to get this trade deal brought forward into law and having us sit until midnight. However, with all of these problems with the bill, where are the Conservatives to defend their actions, to get up and say this is why we should be signing the trade deal? Have we heard from any of them here tonight? They passed a motion to make us sit until midnight then they do not have the decency to get up and stand in their places, to actually take their speaking opportunities in order to defend the bills they are bringing forward.

Before we even include tonight, the Conservatives had missed 22 of the last speaking opportunities since the House started sitting late. That is at least 220 minutes of time they could have been using to defend their actions and to push their government's agenda ahead. Instead, they are asleep at the wheel. They actually got up and spoke last night. It was about time, but they only got up because the NDP was bringing attention to the fact that they were not showing up, that they were not doing their jobs. Well, New Democrats stand here every single night doing our job.

Honduras also has the worst income inequality in the region. After Canada struggled to get a multilateral deal with the Central American economies as a whole, Canada approached the weakest political actor, Honduras, and worked to negotiate a one-off deal as part of an ideological drive to get FTAs signed. In August 2011, the Prime Minister announced—

David Christopherson NDP Hamilton Centre, ON

Thanks, Chair.

I'd like to take this opportunity now just to serve a notice of motion, which reads as follows: That, in conjunction with the order of reference from the House of Commons of Thursday March 27th, 2014, the Standing Committee on Procedure and House Affairs also conduct a study into the policies by which the Board of Internal Economy allocate payment of any legal fees for members of Parliament, including those who are alleged to have committed offences in their role as candidates, for example, before becoming members of Parliament, and that the committee invite the Speaker, the government leader in the House of Commons, the chief government whip, the member for Yellowhead and the member for Beauséjour to appear as witnesses for this study.

To the best of my knowledge, it has been circulated in both official languages, and I serve notice that, at the appropriate time, I'd like to debate that motion.

By the way, just the little snippet that Mr. Lukiwski did get out there.... My words, if they weren't accurately reflecting, should have, that my partisanship comments are about process, and that doesn't involve anybody's testimony. I'm talking about the process, and the process is clearly the tyranny of the majority. The process here is not unlike what we've seen from this government. This is not new. This is what the government did with Bill C-23. This is the way they went after the Parliamentary Budget Officer. This is the way they've gone after the Chief Justice of the Supreme Court.

Going after the leader of the official opposition is entirely consistent with the disregard and disrespect for the institutions of our democracy and the people who staff them. This is just a continuation of that. At some point, and maybe it will take until the election, but at some point there have to be more and more Canadians saying, “Wait a minute. At what point does less than 40% of the vote stop giving you supreme power to rein over us at will?” That is what's going on.