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 / 1:05 p.m.

The Acting Speaker Bruce Stanton

I just caution the hon. member. As has been the convention in this place, the use of the term “misleading”, especially if it is imputing motivation on the part of another hon. member, can get very close to references of being unparliamentary language.

I have not heard anything unparliamentary yet, but I would caution him. He is very, very close, and perhaps he might want to think about that in the course of his comments.

The hon. member for Hamilton Centre.

Fair Elections ActGovernment Orders

February 10th, 2014 / 1:05 p.m.

NDP

David Christopherson NDP Hamilton Centre, ON

Mr. Speaker, I appreciate that. I was expecting the cautionary note. Quite frankly, I was getting as close as I could to the line in terms of language I could use to refute the language of hypocrisy that, unfortunately, is allowed in this place. That is a word that should not be allowed in this place, but the hon. member used it, and I wanted to refute it without crossing the line. I appreciate that you told me I did not cross it, Mr. Speaker, although, of course, I would have apologized immediately if you had called on me to do that. I wanted to clear the air on that.

If the Conservatives continue that argument, we will continue to give the government a civics lesson on how this place actually works. The hon. member should be concerned about his reputation, because there are enough Canadians who know the truth to know that this is just games. This bill, this issue, our election laws, deserve better than just games.

What we are talking about here is a 244-page bill. In the past, the government of the day, when it wanted to make changes to the elections laws, first consulted with the Chief Electoral Officer, which this government did not do. One “Hi, how are you? Nice to meet you” meeting does not constitute consultation on bringing in a 244-page bill that completely revamps the way we hold elections in this country. That is not consultation.

In the past, the government would not only consult with the Chief Electoral Officer—this is pretty shocking in a Conservative House of Commons—but would actually talk to the other parties. Why did they talk to the other parties?

We have the Olympics going on right now. One of the first things they do before hitting the ice or the snow is decide what the rules are going to be. Then they make sure that everyone affected by those rules gets an opportunity to have a say. In the absence of that, one does not have an electoral system that is supported by all the participants in the system. This is not rocket science.

I have to say something, just in passing, about the minister who introduced the bill. I know the minister well. I have worked with him for years and years. He is very smart. He is a good guy. I like the minister. However, let us be honest. He is probably the most partisan attack dog the Conservatives have ever had over there. That is saying a lot, given the role the foreign affairs minister played before. That is quite an accomplishment. They took the most super-hyperpartisan person in their entire caucus and gave him what is supposedly the most statesperson-like role in the House, which is to bring these kinds of rule changes into our elections act. Right off the bat, that was the person who was asked to carry the bill in the name of the government. The government did not even talk to the Chief Electoral Officer. Give me a break. There is no partisanship in this at all? Let us find out.

The government members have been saying that the reason they support shutting down debate in this place, and a number of them have said it, even today, is that they are going to send it to committee, because that is where House of Commons work gets done. That does not justify it totally, in our view. However, if that is the position of the government members, then something certainly needs to happen at committee that would give people some confidence that they really meant it when they were standing here.

The official opposition brought forward a very reasonable motion, with no games, no politics. The cards are all on the table. In fact, our motion on how the committee should deal with this actually states the day we would begin clause-by-clause. It would be May 1 of this year. It is not our intention to delay or obstruct in any way the ability to pass this law and have these new rules in effect for the next election. That is not our objective. What we are asking for is to use the months of March and April to travel the country to give people an opportunity to have their say.

My friend, the member for Western Arctic, stood and said on the vouching issue that it would impact his members. The minister stood and said that this is not true. I live in Hamilton. How do I know? It makes a whole lot of sense that we would go there and give people an opportunity. It is a huge country. It is almost a continent in and of itself. We have such different environments for voting procedures because of where people live, the weather, and distances. We have all the urban issues they have in any G7 country that holds elections.

For all of those reasons, what I would like to hear from the government is that it is prepared to give us countrywide public hearings. Allow people to come and make their cases and to send submissions to the committee.

We would spend two months to give Canadians and experts an opportunity to have their say. We would start here in Ottawa with experts and the minister giving us a briefing on all the details. Then we would go out across the country to find out what the issues were. We would then come back and have another few days in Ottawa to bring back some of those people to put to them what we had heard and found.

We commit that no later than May 1, if this motion passes at committee, we would begin clause-by-clause, knowing that the government majority is going to carry the day. That is fine. It has a majority, and it will win the vote. It will win every vote on every amendment. However, we need this time. If the government is truly honest about wanting to give Canadians their say on this 244-page document that changes the fundamental foundation of our democracy, our election laws, then at the very least, Canadians should be given an opportunity to have a say. This law belongs to them, not to the Conservative government.

Fair Elections ActGovernment Orders

February 10th, 2014 / 1:10 p.m.

Nepean—Carleton Ontario

Conservative

Pierre Poilievre ConservativeMinister of State (Democratic Reform)

Mr. Speaker, of course, all Canadians who want to testify will be welcome to make submissions to the committee, and those submissions will be considered by the members of that committee.

I want to address one important section of the fair elections act, clause 7, which would amend section 18 of the Canada Elections Act, to do the following:

The Chief Electoral Officer may provide the public...with information on...:

(d) how an elector may establish their identity and residence in order to vote, including the pieces of identification that they may use to that end;

Members of the opposition have said that it is not necessary to require that of the CEO of Elections Canada. Most people, according to the opposition, already know what they need. We found out today that the member for Western Arctic, who is an experienced member of Parliament, does not even know what is required for identification. He suggested that photo identification is required. In fact, that is absolutely not the case.

Does the NDP member not agree that it is necessary to legislate that Elections Canada inform all electors, including the member for Western Arctic, about which 39 pieces of ID are acceptable when people vote?

Fair Elections ActGovernment Orders

February 10th, 2014 / 1:15 p.m.

NDP

David Christopherson NDP Hamilton Centre, ON

Mr. Speaker, I appreciate that the minister was in the House and listened to my remarks and made some comments. I thank him for that.

I want to pick up on his comment about the fact that people can make submissions. He threw it out there. What does the hon. minister mean when he says “submissions”? Does that mean people can only send in written submissions? Is it going to be a paper exercise? I did not hear the member stand in his place and say that he would commit his government to public hearings so that Canadians, the people who own this law, could have their say on this law. That is what was missing in his answer. That is what we want to hear.

Fair Elections ActGovernment Orders

February 10th, 2014 / 1:15 p.m.

Liberal

Sean Casey Liberal Charlottetown, PE

Mr. Speaker, I would be interested in hearing my colleague from the NDP speak about some of the points raised by the hon. member for Saint-Laurent—Cartierville.

Section 11 of the Competition Act gives the director of competition the power to compel witnesses, or the power to get authority from a judge to compel witnesses, in the course of an investigation. It is not after a charge is laid but in the course of an investigation. That is the power Elections Canada has been looking for that the government has refused to put in, and it has refused to answer a direct question.

Who should have sharper teeth, a freer hand, and whatever the other buzzword is: someone investigating price-fixing or someone investigating election fraud? That is my question for the hon. member.

Fair Elections ActGovernment Orders

February 10th, 2014 / 1:15 p.m.

NDP

David Christopherson NDP Hamilton Centre, ON

Mr. Speaker, I understand the issue that the member is raising. Everyone is raising good points. They are all good issues. That is the point.

Fair Elections ActGovernment Orders

February 10th, 2014 / 1:15 p.m.

Conservative

Pierre Poilievre Conservative Nepean—Carleton, ON

Even me.

Fair Elections ActGovernment Orders

February 10th, 2014 / 1:15 p.m.

NDP

David Christopherson NDP Hamilton Centre, ON

I heard the minister just say “Even me.” Even the minister had a good question.

The point is that there are different answers and different interpretations, and that is why what matters right now in the dying moments of this debate is to get a commitment from the government that this is not just going to get buried in a committee, stuffed away in some kind of secret or in camera meeting for three or four days, to then pop out again and come back to the House, where closure is moved again and the bill rammed through.

That cannot happen. However, I am not yet hearing anyone from the government committing to giving Canadians their say on their election law.

Fair Elections ActGovernment Orders

February 10th, 2014 / 1:15 p.m.

NDP

Claude Gravelle NDP Nickel Belt, ON

Mr. Speaker, I have several questions for the member, one in particular.

The Conservatives have a track record of breaking election rules. I will just remind the member of a few.

I have a whole book of election frauds by the Conservatives, for example, the member for Peterborough; the member for Saint Boniface; the member for Selkirk—Interlake; and there was Peter Penashue, remember him; and there were robocalls, and there was Mount Royal, and in-and-out scandals, and the list goes on.

I would like the hon. member for Hamilton Centre to tell the House if the Conservatives are changing the rules of the election law to make it easier for them to get away with this?

Fair Elections ActGovernment Orders

February 10th, 2014 / 1:15 p.m.

NDP

David Christopherson NDP Hamilton Centre, ON

Mr. Speaker, one of our colleagues actually said that given the fact the government has a whole list of serial cheaters, it would make all the sense in the world to make sure that we give people an opportunity to have their say.

The government has had its run-ins with Elections Canada. We know how it feels about public agents and public servants speaking words it does not like. We remember what happened to the nuclear watchdog: gone. The government practically vilified the PBO, Kevin Page, because it did not like what he had to say and so it went after him.

We believe that part of the motivation here is that the government does not like Chief Electoral Officer Mayrand. Why does the government not like him? It is because he is doing his job. I think Canadians will be very interested to hear what Mr. Mayrand has to say about this bill when we finally get it in front of committee.

Fair Elections ActGovernment Orders

February 10th, 2014 / 1:20 p.m.

Conservative

James Rajotte Conservative Edmonton—Leduc, AB

Mr. Speaker, it is my pleasure to take part in this debate. I will not presume to be as eloquent or as passionate as the previous two speakers, but I will do my best to speak on Bill C-23, known as the fair elections act. It is a bill I strongly support.

At the start, I want to commend the minister who has introduced and is shepherding the bill through the House of Commons. I think he has done an outstanding job in presenting the details and facts of the bill, which respond, frankly, to many of the recommendations of the Chief Electoral Officer and others in addressing the deficiencies of our electoral system in Canada.

However, we should all note on both sides of the House that we have one of the best electoral systems in the world here in Canada. We should be very proud of it, but we should never shy away from making improvements to it. I want to recognize the minister's work in this area as someone who gave one of the most impressive presentations to our caucus that I have seen in years, and I speak here as a member who has been here for over 13 years.

I want to return to the substance of the bill. As I mentioned, there are many issues that do need to be addressed. Frankly, this very comprehensive bill would do and implement 38 of the Chief Electoral Officer's past recommendations. I would like to go through them in detail.

I would caution members on both sides to stick to the substance of the bill. I know there are a lot of charges at Elections Canada, and I emphasize that they are “charges”. We should leave them to be investigated, but as legislators we should stick to the text of the bill itself.

First of all, the bill would protect voters from rogue calls and impersonation with a mandatory public registry for mass calling, prison time for impersonating elections officials, and increased penalties for deceiving people out of their votes. All of these issues, such as impersonating elections officials and voter suppression, are addressed and taken very seriously in this proposed legislation.

I speak as someone who has been a candidate in five elections. My local election officials with Elections Canada have done an outstanding job, with some 90% and more being volunteers. They do an excellent job and need all the help they can get, and this proposed legislation would do that.

This bill deals with the so-called robocalls issue, involving the impersonation of others using these types of technologies. However, it should be noted that these types of technologies can be used legitimately if, obviously, the person calling identifies themself and the purpose of the call. Many members of Parliament on both sides use them to do electronic town halls, as I have done. It is a very good method, but I obviously identify who I am, why I am calling, and engage citizens in that way. The bill would deal with impersonation, the first item I want to emphasize.

Second, the bill would give law enforcement sharper teeth, a longer reach, and a freer hand. It would allow the commissioner to seek tougher penalties for existing offences and empower the commissioner with more than a dozen new offences to combat big money, rogue calls, and fraudulent voting. A freer hand means that 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 cannot be fired without cause.

The bill would crack down on voter fraud by prohibiting the use of vouching and voter information cards as replacement for acceptable ID, something one would presume the opposition would strongly support.

Studies commissioned by Elections Canada demonstrate mass irregularities in the use of vouching and high rates of inaccuracy on voter information cards. It is important to note, as the minister just pointed out in response to a question by the member opposite, that voters would still have 39 forms of authorized ID to choose from to prove their identity and residence. In order to ensure that election results are legitimate, especially in ridings where the vote is very close, I think it is entirely reasonable for us to require voters to present ID to show they are in fact eligible voters, as the parliamentary secretary to the House leader pointed out earlier.

Next, the bill would make rules easy to follow for all. Since the last election, the commissioner has had to sign 15 different compliance agreements with those who have breached elections law, some due to honest mistakes. Members of all parties have noted that the rules can be unclear. Complicated rules bring unintentional breaches and intimidate everyday people from taking part in democracy. That is why the fair elections act would make the rules for elections clearer, more predictable, and easier to follow.

Parties would have the right to advance rulings and interpretations from Elections Canada within 45 days of a request, a service similar to one provided by the Canada Revenue Agency. Elections Canada would also be required to keep a registry of interpretations and provide for consultations with notice to parties before changing them.

This is important and here I will point to someone who has been my official agent for a number of elections and the financial agent for the electoral district association in-between elections. He is a very reputable chartered accountant with Deloitte and Touche in Edmonton. He says that one of the things that is challenging as an official agent is that there are some grey areas. When he is not exactly certain what the rules are, he contacts Elections Canada and asks what exactly the rule is, and they always err on the side of caution. However, this is something that this legislation would help improve, by ensuring that all electoral district associations in all ridings across the country have one set of very clear and consistent interpretations.

We all have to recognize as members of Parliament that we may have an office manager, a campaign manager, and some people who may receive compensation. They do not in my campaign's case, as our official agents are typically volunteers. I am very fortunate to have someone who is very qualified, but these people are typically volunteers and need very simple, clear, and consistent rules so they know exactly what they are doing and can be sure they are following all the rules and regulations.

This legislation would also allow small donations and keep big money out. One of the changes we made as a government that I am most proud of was to ensure that corporations and unions and organizations would not control political parties. Individual donations are set to a maximum amount. That is one of the biggest changes that our government has made. Obviously, the previous government made some changes along those lines with Bill C-24, but our government made some further changes to ensure that citizens themselves would be the ones who controlled elections. As we all know, special-interest money can sometimes drown out the voices of everyday citizens. That is why this act would ban the use of loans to evade donation rules. It would also allow parties to better fund democratic outreach, with small and reasonable increases in spending limits while imposing tougher audits and penalties to enforce those limits. It would let small donors contribute more to democracy through the front door in a very transparent way, and block illegal big money from sneaking in the back door. The modest adjustments in the donation limit, up to $1,500 from the current $1,200, and election spending limits of 5% would let parties raise their own funds to reach out to Canadians. A total ban on union and corporate money would remain in place, as I mentioned earlier.

It would also respect democratic results. Members of Parliament and the Chief Electoral Officer sometimes disagree on an MP's election expense. This has happened in the past and will happen in the future for people from all parties. When that happens, the Canada Elections Act provides that the MP can no longer sit or vote in the House of Commons until the expense return is changed to the CEO's satisfaction. However, the removal of a democratically elected MP reverses the decision of tens of thousands of voters. The fair elections act would allow an MP to present the disputed case in the courts and to have judges quickly rule on it before the CEO seeks the MP's suspension. Again, this is a very fair, reasonable change that the minister is seeking to make.

Next, it would uphold free speech. The Supreme Court has unanimously ruled that the ban on premature transmission of election results infringes on freedom of expression. I can say as a westerner that it is interesting to be in Alberta waiting for the election results when various people are testing that, especially via social media today. The fair elections act would repeal this ban and uphold free speech.

It would provide better customer service for voters by focusing Elections Canada advertising on the basics of voting: where, when, and what ID to bring. Also, the fair elections act would explicitly require Elections Canada to inform disabled voters of the extra help available to them to vote. The act would also establish an extra day of advance polling. The proposed change would give Canadians access to four advance polling days: the 10th, 9th, 8th and 7th days before an election. This is one thing that I have supported very strongly and asked to be included in this legislation, because, depending on when the election is held, in our constituency I have an area where there are a lot of people who are working in and out of the country and in and out of the constituency. I have a very high seasonal population, especially in the Nisku area. So it is important to allow Canadians as much time as possible and as much access to voting as possible. We in Edmonton—Leduc have one of the highest advance polling numbers across the country. This follows along the lines of encouraging more people to vote.

I hear some of the comments and criticisms that the bill may be used in a partisan way. Absolutely not. In fact, I encourage Canadians and parliamentarians to read the bill and see what it is. Expanding the number of hours and days of voting is explicitly designed to increase the percentage of people who vote. Ensuring that we get as much information as possible out to people so that they know when and where they ought to vote is designed explicitly to allow more voters to have more opportunity to vote.

Another thing we would be doing along these lines is reducing congestion at the polls. The fair elections act proposes a number of practical changes that should make the voting process more efficient. It would streamline the process for appointing election officers and providing for additional resources for Elections Canada. It would allow for additional election officers to be appointed to ease the congestion of polling stations, which has been a problem in the past.

My time is up. I look forward to questions from my colleagues.

Fair Elections ActGovernment Orders

February 10th, 2014 / 1:30 p.m.

NDP

Dennis Bevington NDP Western Arctic, NT

Mr. Speaker, I want to thank my colleague from across for his thoughtful presentation on the bill.

My concern is to get people out to vote. That should be the primary concern for us all.

With the changes proposed by the bill, the Chief Electoral Officer would not be allowed to promote voting in this country. We would move away from a voucher system, which worked for 100,000 people in the last election. There would be changes made to the voter identification system of 2007. We would have a situation of declining voters in our system.

Why does the hon. member think that reducing the number of people voting would be a good thing for Canadians?

Fair Elections ActGovernment Orders

February 10th, 2014 / 1:30 p.m.

Conservative

James Rajotte Conservative Edmonton—Leduc, AB

Mr. Speaker, I thank the member for the question. It allows me the opportunity to clarify that the legislation would in fact do the opposite.

If we look at the access to four advance polling days, the tenth, ninth, eighth, and seventh days before an election, we add more days to voting, obviously we want to encourage more opportunities for Canadians to vote. That is the first thing.

Second, he mentioned the Chief Electoral Officer. The Chief Electoral Officer would provide the public with information on how to be a candidate; how an elector may have his or her name added to a list of electors; how an elector may have corrections made to information respecting his or her name on the list; how an elector may vote under section 127, and the times, dates and locations for voting; how an elector may establish his or her identity and residence in order to vote—as the minister mentioned, there are over 30 pieces of identification that voters could present to ensure they are an eligible voter—and measures for assisting electors with disabilities to access a polling station or an advance polling station in order to mark a ballot.

Every single one of these measures is designed to increase the opportunity for Canadians to cast their ballot. The bill is designed, on balance, to provide more opportunities for Canadians to vote.

Fair Elections ActGovernment Orders

February 10th, 2014 / 1:30 p.m.

Liberal

Sean Casey Liberal Charlottetown, PE

Mr. Speaker, I want to come back to the powers that are given to Elections Canada to investigate election fraud.

One of the powers that Elections Canada has been seeking, which is absent, is the power to get judicial authority to compel the co-operation of witnesses, under oath, during the course of an investigation. This is a power that the director of competitions has in section 11 of the Competition Act.

My question for the member is, why is it that someone investigating price fixing has greater investigative powers than the current government is prepared to give to Elections Canada in investigating electoral fraud?

Fair Elections ActGovernment Orders

February 10th, 2014 / 1:30 p.m.

Conservative

James Rajotte Conservative Edmonton—Leduc, AB

Mr. Speaker, I suspect this will be active point of debate at the committee stage. I, frankly, have reservations about granting the power, but I look forward to a full debate on it at committee.

We have to keep in mind that the bill would have tougher criminal penalties for election offences. There would be a whole series of penalties and increased offences under this legislation, which I think the member would support.

With respect to the specific question he is raising, I would have concerns about granting those powers. Also, in reference to a previous speaker, the committee is master of its domain; it can choose to study the bill for however long it wants.

However, I assume that would be one of the most actively debated clauses in that committee.