Bill C-23 (Historical)

Fair Elections Act

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

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.

Fair Elections Act

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

Mr. Speaker, I think what was alluded to earlier about putting it to committee quickly is a rather disingenuous argument, because what they are saying is to put it to committee before we have a vote at second reading and before we accept it in principle. I am sure the member knows this.

I have a great deal of respect for the gentleman, and he has been here a very long time. I think he knows that what was proposed as a way of broadening the debate of this bill would have allowed all sorts of amendments that would not be allowed if we voted at second reading.

I really do not think I have to repeat this for anybody who has been here in the House longer than I, and I have been here for close to ten years.

The member talked about the member for Selkirk—Interlake, who has the ability to prove himself. I appreciate that, but Helena Guergis, the member for Peterborough, and another member over here were each levied judgment to leave caucus before they had the chance to defend themselves. It is a little disingenuous.

[Tom Lukiwski, Conservative, Regina—Lumsden—Lake Centre, SK]

Mr. Speaker, I am not sure if there was a question there. Let me just point out to my friend and colleague across the way that the arguments I was pointing out that the NDP had been making in this place have been hypocritical. Members of his own caucus freely admit that.

As a matter of fact, the member for Beauséjour, the House Leader of the Liberal Party, actually has a nickname for the NDP. He calls the NDP “the sanctimony brigade”. It is a very apt nickname, because the NDP will take this holier-than-thou attitude above any piece of legislation that our government brings forward. It tries to point out that it is the only custodian to make sure Canadians are represented well in the House.

The sanctimony brigade is alive and well in the benches opposite.

[Laurie Hawn, Conservative, Edmonton Centre, AB]

Mr. Speaker, I briefly wanted to get my colleague to talk about the power of the Commissioner of Elections to act independently. Our campaigns in 2004-2006 were the victims of pretty extensive election fraud, to the point where a lawyer bragged on the Internet and in email about how many times he had got to vote for my opponent by going from poll to poll with voter ID cards that, of course, were not his.

There were massive vouching problems and massive fraudulent registration problems. We fixed it in 2006, because we knew about it.

Could my hon. friend comment, just based on that one experience that I and others have had, on the importance of making sure that the Commissioner of Elections is independent, so that he can operate and do something about those kinds of situations?

[Tom Lukiwski, Conservative, Regina—Lumsden—Lake Centre, SK]

Mr. Speaker, it is absolutely true. If we are to have confidence in the electoral system, we have to have not only impartiality but the independence of officers. Right now there is no independence. The Commissioner of Canada Elections reports to the Chief Electoral Officer. As I said a few moments ago, that means, in effect, that the Chief Electoral Officer is not only the judge and the jury but the prosecutor. It is untenable. We simply cannot have that.

We want to have confidence that the Commissioner of Canada Elections will not only be truly independent and impartial but will have the authority and the tools at his disposal to make sure that if infractions occur in any election, as my colleague pointed out occurred in his riding back in 2004-05, penalties will be severe and sanctions will be imposed, and we will put an end to the wrongdoing.

[David Christopherson, NDP, Hamilton Centre, ON]

Mr. Speaker, I appreciate the opportunity to join in the debate. Might I begin, first, by commenting on the remarks of the Parliamentary Secretary to the Leader of the Government in the House of Commons, the member for Regina—Lumsden—Lake Centre, whom I work with very closely on PROC. It had a previous review of these actual laws, not a lot of which seems to have found its way into the Conservatives' bill, I might add.

I want to raise the notion of the Parliamentary Secretary to the Leader of the Government in the House of Commons saying that the official opposition is being hypocritical. I find it most disturbing that this is an hon. member, in terms of the way he conducts himself at committee, who seems to care about his reputation. He cares about what people think of him, yet he is prepared to stand in the House and actually mislead the House and Canadians when he makes the specious argument that we were trying to cut debate.

It is quite the contrary. My friend from the Liberal caucus was on his feet recently making the same point, and it is true. If we exercise the right, under the rules, to send a bill, on first reading, directly to committee, it is an opportunity for members to work together on the bill at committee before we get to second reading debate and vote. That is for the simple reason that by the time we get to a second reading vote, for the most part the caucuses are determining where they are going on these issues. They have to make a fundamental decision about whether they will vote for or against. It is that stark.

During my time at Queen's Park, we brought in a rule that allowed a reference from first reading for the very reason that it is a good way to go when the whole House wants to work together in a sincere effort to work on a bill. By referring it right after first reading, we send it to the place where we actually sit down, roll up our sleeves, and get some work done.

We were trying to send it with that frame of mind, before we got to where we are now, which is with everybody in their respective corners.

I will comment on that process versus what has happened in the past in this House and in this country. However, I want to be absolutely crystal clear that the Parliamentary Secretary to the Leader of the Government in the House of Commons is misleading this House and Canadians when he says that we tried to end debate.

[The Acting Speaker, Conservative, 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.

[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.

[Pierre Poilievre, Conservative, Minister 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?

[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.

[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.

[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.

[Pierre Poilievre, Conservative, Nepean—Carleton, ON]

Even me.

[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.

[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?

[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.