Fair Elections Act

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

This bill is from 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. The Library of Parliament has also written a full legislative summary of the 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.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-23s:

C-23 (2022) Historic Places of Canada Act
C-23 (2021) An Act to amend the Criminal Code and the Identification of Criminals Act and to make related amendments to other Acts (COVID-19 response and other measures)
C-23 (2016) Law Preclearance Act, 2016
C-23 (2011) Law Canada–Jordan Economic Growth and Prosperity Act
C-23 (2010) Law Eliminating Pardons for Serious Crimes Act
C-23 (2009) Canada-Colombia Free Trade Agreement Implementation Act

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 10th, 2014 / noon

NDP

Jinny Sims NDP Newton—North Delta, BC

Mr. Speaker, I do not really want to say that it is a pleasure, but I am really pleased that I have the privilege to speak out very strongly against the bill that we are debating here today, Bill C-23, an act to amend the Canada Elections Act and other Acts and to make consequential amendments to certain Acts.

When we take a look at this piece of reform, it is something that the House has been waiting a long time for. Ever since 2011, as long as I have been here as an MP, we have heard over and over again that the government was about to bring forward amendments to the Canada Elections Act in order to improve accountability, transparency, and so on. What a big disappointment, then, when this bill was tabled.

First of all, let us take a look at the process. A bill that is many pages in number and not without insignificant changes is tabled, and before debate has even started, there is already a move from my colleagues across the way to shut down debate.

We suggested that the bill, after its first reading, should go to committee stage so that all parties could work on something this significant in a non-partisan way and come up with something that works for all Canadians. However, the Conservative government shut it down.

We then started the debate in the House. Before two speakers had finished their speeches, we had a motion. What a surprise. We had a motion to shut down the debate.

I am so proud to be a Canadian. I am so proud that I live in a country that has a parliamentary democracy, but right now, I fear that our parliamentary democracy is at risk. We cannot take those kinds of comments lightly. It takes a lot for me to say that.

The reason I say that parliamentary democracy is at risk is that there is a role for parliamentarians. When a bill is produced, parliamentarians representing ridings right across this huge and diverse country get to take part in a debate and put forward their perspectives. These perspectives are the ones they hear from their constituents, as well as those that they have garnered from their own experiences.

However, once again, the Conservative government has a lot to hide. When a government tries to shut down debate, it has something to hide. Once again, the Conservative government has moved time allocation. It seems so ironic that the very bill that purports to address parliamentary democracy and the elections of parliamentarians is where the government chose to use this tactic of shutting down debate. It is just so wrong.

Not only is it wrong, let us also look at the timing of this bill that we have been waiting months and years for. When did the government decide to table it? It decided to table the bill during Olympics week. One would think it would be enough with people preoccupied with watching and supporting our athletes at Sochi. That was not enough of a cover, so the government needed the time allocation, the Olympics, and the budget a few days later, to absolutely suppress debate of critical issues.

It is, as I hear my colleagues saying, very disturbing. More than disturbing, this is a deliberate act by a government that speaks about accountability and transparency. Now that it has a majority, it feels that it does not have to be transparent or accountable. Now, we are seeing the arrogance of the majority, trying to push through legislation without giving parliamentarians the chance they need to debate the issue.

I have many colleagues in my caucus who are very disturbed that they will not get the time to speak, that they will not get to put forward their perspectives on what is absolutely flawed in the bill.

I want to get down to the content of the bill. First, let me say that there are some minor improvements in the bill. We are not saying everything in the bill is bad, but these minor improvements are buried in a fundamentally flawed bill. For example, we are delighted that there would more advance polling days, which could help to increase voter turnout. The bill also helps to modernize the online voter registration system by indirectly allowing e-signatures, which is a good thing, but on the other hand the bill also has a number of flaws, and I want to get to a few of those.

First, I do not know what the government has against the Chief Electoral Officer. Over the last few years I have been impressed by how he has been doing his job in a non-partisan way. However, my colleagues across the way do not like that, so they are removing power from the Chief Electoral Officer instead of increasing the powers of his office, and they are making an unnecessary separation between Elections Canada and the commissioner.

Once again, the Conservatives have absolutely no evidence that the Electoral Officer has been anything but non-partisan. Just because the Electoral Officer found some misdeeds by colleagues across the way and some technical difficulties with things that were being done by members in the House, it does not mean he is not doing his job. He should not be punished personally and his reputation put at stake, but neither should his office have its power limited because my colleagues across the way are too scared about what it could mean for the future if his office retains its powers and who do not want that kind of oversight of their actions.

The other part of the bill I find most disturbing is that it makes voting more complex for our most vulnerable Canadians. This is a form of voter suppression that reminds us of what we have seen south of the border. I never thought I would see it in Canada. We have the kind of policies being put forward in the bill that would absolutely disenfranchise our most vulnerable, including the low income, transients, and our youth. All of this is very disturbing at a time when we should be engaging more people in a debate and the electoral process. We have a government that is absolutely suppressing the voters who might have the most complaints against its policies and who are very disturbed by how they are being marginalized more and more.

The bill also makes it difficult by changing some of the political financing rules in ways that absolutely favour my colleagues across the way. The bill does not actually increase a person's tax rebate. I did not really hear a clamouring anywhere in the country to the effect, “Please allow us to give more to the political process because we want to”. It is a cash grab by the Conservative Party. All of this will benefit that party.

In other parts of the bill the Conservatives are trying to clarify what is already there. The act already states it is wrong to commit fraud, yet now we are having that being spelled out again. I have some concerns about that. Is this a cover up so they can then go out and say that this provision did not really exist? Let me assure the House that it did exist.

This is a travesty and I urge my colleagues to take their time and that we be given the time to be parliamentarians and to debate important bills.

Fair Elections ActGovernment Orders

February 10th, 2014 / 12:10 p.m.

The Acting Speaker Bruce Stanton

Just before we get to questions and comments, I would just remind hon. members that we are on 5-minutes questions and comments, so if members could keep their interventions brief we will have more time for others to participate.

Questions and comments. The hon. Minister of State for Democratic Reform.

Fair Elections ActGovernment Orders

February 10th, 2014 / 12:10 p.m.

Nepean—Carleton Ontario

Conservative

Pierre Poilievre ConservativeMinister of State (Democratic Reform)

Mr. Speaker, the member complained that the fair elections act removes vouching as a form of identification. However, she did not address the serious problems that Elections Canada's own commissioned report found with vouching. It found that 25% of cases of vouching had an irregularity. It has been argued by some that these irregularities have been just small paperwork errors that had no impact on the substance of the vote.

I have the wording of the Neufeld report right here, a report commissioned by Elections Canada. The report cites the findings of a judge in the Ontario Superior Court decision on the riding of Etobicoke Centre. The judge found that “...27 cases involved serious errors within the application of identity vouching procedures.” In fact, 27 votes had to be invalidated in that tight race because of vouching.

The Supreme Court ultimately overturned that decision, but the fact that a superior court thought the vouching provisions had such serious irregularities that it had to overturn votes should raise concerns for all. Why does the member not agree?

Fair Elections ActGovernment Orders

February 10th, 2014 / 12:10 p.m.

NDP

Jinny Sims NDP Newton—North Delta, BC

Mr. Speaker, every one of us in the House wants to make sure that people who are eligible to vote, vote. However, the system and the changes introduced by the government will actually prevent people from voting.

I hear a lot about 25%, but I also know that there were many technical difficulties that had very little to do with vouching. There are other ways that we can fix the problem where there are errors, maybe with more training for the staff that are hired. They could be looking at the vouching system and putting some protocols in place.

My Conservative colleagues across the way talk about encouraging more people to participate. However, this bill would actually prevent a growing percentage of our citizens from voting.

Fair Elections ActGovernment Orders

February 10th, 2014 / 12:10 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, my question for the member is in regard to Elections Canada. It is seen as an independent election agency, known throughout the world, with an immense amount of credibility. It understands our election laws. It understands where it is vulnerable and where the changes need to occur. What I find quite upsetting, and I believe many Canadians would find somewhat disturbing, is that the Government of Canada did not see fit to work in any real capacity with Elections Canada by accepting, for example, a number of its recommendations to improve the quality of our election laws here in Canada.

We believe it was ultimately a huge mistake for the government to ignore Elections Canada. Would the member like to comment on that fact?

Fair Elections ActGovernment Orders

February 10th, 2014 / 12:10 p.m.

NDP

Jinny Sims NDP Newton—North Delta, BC

Mr. Speaker, that is nothing new with this government. We all know that the Conservatives have an allergy to data, science, and informed advice. In this case, I was not surprised when I heard that the elections officer had not actually seen the legislation or had been given any chance to participate, except for a summary meeting in the summer, without any legislation in front before him.

Once again, the government is showing that this is not about fixing elections and making things more democratic. This is about its own ideological agenda. This is about voter suppression and to cover-up and avoid accountability.

Fair Elections ActGovernment Orders

February 10th, 2014 / 12:15 p.m.

NDP

Dennis Bevington NDP Western Arctic, NT

Mr. Speaker, when it comes to the question of vouching, there were 100,000 in the last election. That works out to less than 350 per riding. Quite clearly, as portrayed here, the evidence was that the discrepancies found in the one test riding were not strong enough to stand up in the Supreme Court. We are going to take 100,000 people out of the election system. What does my colleague think about that?

Fair Elections ActGovernment Orders

February 10th, 2014 / 12:15 p.m.

NDP

Jinny Sims NDP Newton—North Delta, BC

Mr. Speaker, it illustrates that while the government has said that the bill is about increasing electoral engagement, it is all about voter suppression and keeping the vote out of the hands of the most vulnerable in our Canadian society.

Fair Elections ActGovernment Orders

February 10th, 2014 / 12:15 p.m.

Conservative

Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON

Mr. Speaker, as the member of Parliament for Renfrew—Nipissing—Pembroke, it is a privilege to rise in the House and participate in this debate on a bill that would contribute to the integrity of the democratic process in Canada.

I congratulate the Minister of State for Democratic Reform for the excellent job he is doing. Our minister has demonstrated with this legislation that he is listening to Canadians, and it is a pleasure to work with such a knowledgeable and hard-working member of our Conservative government.

The Canada Elections Act reforms that the Minister of State for Democratic Reform has presented to Canadians are well thought out and reasonable. I have listened very carefully to the criticisms of the opposition and have yet to hear a valid point that gives me pause for consideration. Canadians have complete confidence in the minister. If substantive reasons are presented that would improve the fair elections act, our government welcomes the input.

By way of today's discussion, I intend to focus on the proposed amendments in Bill C-23 that would remove the Commissioner of Canada Elections from the Office of the Chief Electoral Officer and place that individual in the Office of the Director of Public Prosecutions. While this step is absolutely necessary, I draw the following sequence of events to the attention of the minister as a caution with regard to the Office of the Director of Public Prosecutions.

In practice, I encourage all parliamentarians to share their election experiences as a means to give the voice of practicality to our proceedings in the House. The minister has done this by making some very practical recommendations to improve the way elections are run in Canada.

While we as parliamentarians try to do our best when we propose legislation, accounting for every scenario is a difficult challenge. In the aftermath of the 2011 general election, my office was contacted by outraged voters regarding the blatant political activity conducted by the law firm McCann, Sheppard. The law firm received a political patronage appointment to be the federal crown agent for Renfrew County when Chrétien was in power. The recommendation to appoint this law firm came from the Liberal candidate I defeated in the 37th general election while he was an MP. This defeated candidate, whom I handily beat, ran again in the 2011 election.

A member of the McCann, Sheppard law firm acted as the official agent for the defeated candidate in the 2011 election. The law office prominently displayed a sign on its front lawn for the defeated candidate. In the election return, the law office address is even identified as the campaign office, and it charged the campaign $5,000 for miscellaneous expenses.

The Terms and Conditions of Fixed-Term Agreements of Agents of the Public Prosecution Service of Canada that are signed by all agents are clear. Under section 3.9 of that agreement, agents are prohibited from political activity, specifically being an official agent, with penalty of suspension or termination. They are required to inform their agent supervisor without delay of any involvement or proposed involvement in political activities.

The law firm of McCann, Sheppard had been acting in the capacity of official agent for over a year, as the defeated candidate had declared well before the dropping of the writ and was actively campaigning.

I wrote the Director of Public Prosecutions to relay the concerns of my outraged voters, asking why the law firm of McCann, Sheppard had not been suspended or terminated as agents of the crown. I then found out that a very flawed process had taken place, resulting in the five-year reappointment of McCann to the position of federal crown agent for Renfrew County. This was done even though the Director of Public Prosecutions had been made aware of the blatant partisan political activity in the office where the crown prosecutor works.

Making matters worse, lawyers in Renfrew Country who would have applied for the position of federal crown attorney were denied a fair opportunity to apply for the position of crown agent.

When I wrote the Director of Public Prosecutions, I reminded him of his own words in the annual report:

Prosecutors must be of absolute integrity, above all suspicion of favouritism....

To the detriment of the administration of justice in Canada, the Director of Public Prosecutions failed to do the right thing and terminate the McCann, Sheppard practice as crown agents. Once McCann, Sheppard admitted their guilt, which the Director of Public Prosecutions confirmed to me in writing, it should have been case closed. The decision to reappoint McCann was wrong.

Members of Parliament can rightly ask where the accountability of the Director of Public Prosecutions is. Any reasonable individual can see the clear conflict of interest in this case.

Unfortunately, there is no guarantee that a performance audit by the Auditor General on the Office of the Director of Public Prosecutions would have identified problems with how agents are hired, which is what was suggested as the next course of action.

I outlined the bare details of this case for several reasons.

Members of the Public Prosecution Service prosecute, on behalf of Elections Canada, the offences of election law. How are Canadians going to have confidence in the administration of justice, knowing that political partisans are able to conduct political witch hunts after an election?

It also begs the observation that it seems that Conservatives are held to a different standard by Elections Canada than other political parties. This was made very clear by my colleague, the member for Selkirk—Interlake. I was shocked, as I believe most fair-minded Canadians were, when, earlier in this debate, he shared with the House his experience with Elections Canada.

I know what it means to be the object of a political vendetta. That was the case after a previous election campaign when, under bullying from an employee in Chrétien's office during his time as prime minister, Elections Canada was pressured to conduct an inquisition into my election campaign. Under Jean Chrétien, the Liberals pushed the line of what is considered fair game for partisan politics. Adscam, the sponsorship scandal, is evidence of that. Canadians may never know if the $40 million in taxpayer money that was handed out in brown envelopes to Liberals will ever be found.

Prior to 2006, the Commissioner of Elections was responsible for both investigations and prosecutions. The then Commissioner of Elections made no effort to prove political pressure was not a factor, as he was asked to prove. This only results in the consequence of bringing that office into disrepute in the eyes of the public, which is what happens every time something like that occurs.

Using the Canada Elections Act to try to subvert the will of Canadians over whom they elect is an old trick of those who do not respect the democratic process. Had the Commissioner of Elections been independent of Elections Canada at that time, as our Conservative government is proposing in Bill C-23, the commissioner would have had the independence to say “no” to political partisan persecution, if he had the integrity to do so.

Fair Elections ActGovernment Orders

February 10th, 2014 / 12:25 p.m.

NDP

Pierre-Luc Dusseault NDP Sherbrooke, QC

Mr. Speaker, I am pleased to have this opportunity to ask my colleague a question.

For most of her speech, the hon. member talked about problems she has encountered that she has not been able to resolve. I do not believe that the bill currently before the House will solve those problems.

Like many of her colleagues, she appears to see malice everywhere and imagine conspiracies plotted against the Conservatives all across Canada. I really have to wonder whether the bill will indeed offer any solutions to the problems she raised.

Fair Elections ActGovernment Orders

February 10th, 2014 / 12:25 p.m.

Conservative

Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON

Mr. Speaker, I draw the member's attention to the independent commissioner, who would have sharper teeth, a longer reach, and a freer hand.

The fair elections act would empower law enforcement with sharper teeth, a longer reach, and a freer hand. Sharper teeth would mean stiffer penalties for existing offences; a longer reach would mean empowering the commissioner with more than a dozen new offences to combat big money, rogue calls, and fraudulent voting; finally, a freer hand would mean the commissioner would have full independence, with control of his or her staff in investigations, and a fixed term of seven years so he or she could not be fired without cause.

Fair Elections ActGovernment Orders

February 10th, 2014 / 12:25 p.m.

Liberal

Scott Simms Liberal Bonavista—Gander—Grand Falls—Windsor, NL

Mr. Speaker, I think a very pointed question is required here.

The member alluded earlier to the singling out of the Conservative Party of Canada by Elections Canada. My first question for her needs a simple answer, a yes or no. Are the Conservatives targeted by Elections Canada unfairly?

Second, the member is talking about trying to achieve neutrality for Elections Canada. I am not sure “neutral”, or perhaps even “neutered”, is the right word in this particular situation, because the Chief Electoral Officer was in the media this weekend talking about how this is a step back for democracy.

First, yes or no, are the Conservatives targeted unfairly? Second, why is the Chief Electoral Officer so wrong?

Fair Elections ActGovernment Orders

February 10th, 2014 / 12:25 p.m.

Conservative

Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON

Mr. Speaker, it is ironic that in the past the agents of Parliament have appealed for more oversight from all parliamentarians. However, who watches the watchdogs?

That was the question we asked after the 2011 election, particularly after the former privacy commissioner, George Radwanski, resigned in disgrace after management problems were investigated by the Auditor General. Security of tenure, meaning that an agent of Parliament cannot be removed without the approval of both the House of Commons and the Senate, while important to the independence of an agent of Parliament to do his or her job, must be thoroughly thought out. Substituting one abuse with the potential for a different kind of abuse is no solution.

Fair Elections ActGovernment Orders

February 10th, 2014 / 12:25 p.m.

Cambridge Ontario

Conservative

Gary Goodyear ConservativeMinister of State (Federal Economic Development Agency for Southern Ontario)

Mr. Speaker, interestingly enough, one of my volunteers on my campaign of 2011 got a letter from Elections Canada threatening to put him in prison because he mistakenly opened our bank account two days early. We recently got a letter stating that someone had overcontributed to my campaign. As a result of contributing to a number of campaigns, a small error was made, and we need to keep elections fair, as the letter stated. Therefore, we had to find this individual and repay him $200. Interestingly enough, it was the same week Elections Canada decided to ignore the hundreds of thousands of dollars in leadership donations that we all deemed to be illegal.

Elections Canada lets the Liberals off, yet threatens to put my volunteers in prison. I wonder if the member can comment on that fairness.

Fair Elections ActGovernment Orders

February 10th, 2014 / 12:30 p.m.

Conservative

Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON

Mr. Speaker, it may be more appropriate for the Commissioner of Canada Elections to be appointed by the Minister for Democratic Reform or Parliament, rather than have the appointment left to the Director of Public Prosecutions, but I leave that consideration for the minister and this House.

When our Conservative government brought in the Federal Accountability Act, one of the steps we took was the elimination of the appointment of federal crown agents as partisan political appointees. A problem is that a number of Chrétien-era partisan political appointees may still be corrupting the system. Changes that we would implement through Bill C-23 are intended to prevent the abuses of the past that the minister speaks of.

Under the current legislation, the chief returning officer and the Commissioner of Canada Elections are under the same roof. Prosecutions happen in consultation with the Director of Public Prosecutions. Our amendments in Bill C-23 would make the Commissioner of Canada Elections independent of the Chief Electoral Officer and the Director of Public Prosecutions.