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 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

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 / 4:10 p.m.

Conservative

Paul Calandra Conservative Oak Ridges—Markham, ON

Mr. Speaker, with all due respect to the member of Parliament from Manitoba, I tend to focus on my riding and my community, speaking to my constituents and hearing what they have to say.

The process, of course, will continue not only through debate here but also at the procedure and House affairs committee where it will be given another thorough vetting. The committee will hear witnesses and the bill will come back to the House for more debate.

I note that only six members of the Liberal Party have taken the opportunity to speak on the bill, and for the most part they have talked about why they lost an election over the last number of years as opposed to actually focusing on what is in the bill.

Fair Elections ActGovernment Orders

February 10th, 2014 / 4:10 p.m.

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, does the parliamentary secretary agree with the provision in proposed legislation mandating that an additional early voting day fall on a Sunday? If it were the last election, that would have been Easter Sunday. Does that bother him at all?

Fair Elections ActGovernment Orders

February 10th, 2014 / 4:10 p.m.

Conservative

Paul Calandra Conservative Oak Ridges—Markham, ON

Mr. Speaker, under the new proposed legislation there would be four opportunities for voting in advance polls. One extra day, I think, would help make sure that more Canadians have the opportunity to vote.

On Easter Sunday, I will be in church with my family, as will a lot of other people. I suppose there will be a lot of Canadians who are not in church on Easter Sunday. We are a very diverse country. That is why we are adding an extra day so that all Canadians have access to four additional days to vote, not including of course other opportunities for Canadians to vote by special ballot.

I think that is good news for Canadians and good news for democracy, and I hope the hon. member will take a look at that and support it.

Fair Elections ActGovernment Orders

February 10th, 2014 / 4:10 p.m.

Conservative

Joe Preston Conservative Elgin—Middlesex—London, ON

Mr. Speaker, I feel privileged to stand today to speak to Bill C-23. I am going to go back in history a little and talk about my background.

I had parents who were good enough to speak at the dining room table about things like elections, so my six brothers and sisters and I learned about elections that way. We learned from them the importance and duty of Canadians to go vote when it was time to vote. Sometimes we talked about the issues, even before we were old enough to know some of them. I had that ability in my past life. Then I became a small business person who had a very busy life. Twenty-four hours a day 7 days a week I worried about a business I had to run. However, I am proud to say I do not remember ever missing an election: municipal, provincial, or federal, because my parents had instilled in me the duty of Canadians to vote.

Long before politics I never thought about the actual running of elections. I never thought about the rules that are there to make sure Canadians vote fairly and accurately. I did not think of them, but I certainly went to polling booths, gave them my name, showed my ID, received a ballot, and made my choice based on the work that the parties or the candidates had done during an election.

Fast forward now through a whole pile of life to 10 years ago when I decided I would become a candidate. I became a little more interested in what was happening with elections: how elections were run, what Elections Canada did, who made sure people got to the polling stations, who generated the lists, and who made the rules as to what days we could or could not vote. I still ran into some of my peers, small business owners and other very busy people, who would have loved to have more time, who wanted to exercise their duty as Canadians to vote, but sometimes the hockey practice or a scout meeting got in the way. We know how that is: life gets busy and that happens.

Move forward now into this Parliament. I have been here almost 10 years. Now, as the chair of the procedure and House affairs committee for a good number of years, five I think, I have been dealing with Elections Canada during that time. I now know more about elections and Elections Canada than I care to know. After each election, the Chief Electoral Officer writes a report and sends it back to Parliament. The procedure and House affairs committee gets to review it and from that comes up with elections legislation. The Chief Electoral Officer is one of the people from whom we get most of our ideas for changes to the legislation. We certainly have had many discussions at committee.

It is a fun committee. I see some of the members here in the House today. We tend to get a lot done, but elections are one of the things we are responsible for. We tend to work on a good, consensus basis without a great deal of argument. We have had many witnesses over those times looking at the Chief Electoral Officer's report and other pieces in our discussions about elections. We have had many briefs come to us from those witnesses. This is where this piece of legislation has come from. It has come from answering those questions.

I am going to say something from a business point of view. First, if I am trying to attract more customers, as a business person I need to first find out why customers are not coming to my business and where else they are going. We have done the same thing with elections. If people are not going out to vote, let us find out why and then we will know where to go to find those people.

As the speaker before me said, why a person votes, why they are making that urgent visit to the voting booth, has to do with the parties. It has to do with the candidates. However, the who, what, when, and where the polling station is, what time it is open, and how many of them there are is set by Elections Canada. Most non-voters told Elections Canada in a survey that practical reasons were what prevented them from voting in 2011. Travelling was cited by 17%, as they were away from home. Work or school scheduling accounted for 13%. Also, being too busy was cited by 10%, and lack of information was mentioned by 7%. That is just to name a few.

Over the past several elections there has been a steady rise in the proportion of electors identifying everyday life issues as the main reason for not voting, and a steady decline for political reasons. That is according to Elections Canada, the “Report on the Evaluations of the 41st General Election of May 2, 2011” by the Chief Electoral Officer, which we have discussed thoroughly at committee.

Better customer service will remove some of these practical issues, some of the reasons like, “I can't make it because it's the middle of hockey practice, it's the middle of my business meeting and I had to stay at work”.

We are offering more voting days. During the 2011 general election, more than two million Canadians cast their ballot on an advance poll day. Two million Canadians took into account the fact they were not going to be able to be there for voting day and went to an advance poll. We are adding an extra advance poll on the seventh day. So the tenth, the ninth, the eighth, and the seventh days before election day will now all be advance poll days, the seventh being a Sunday.

My pastor knows where I should be on Sundays but he also knew that I operated a business seven days a week and that sometimes I was not always able to be there, which also opens up the opportunity that afternoon of my going to an advance poll. That in itself offers something to the percentage of people that I said, from a customer service point of view, were not able to find a day to vote.

Let us go from attracting those customers to the poll to the point of view of my being a business person trying to attract more people to our business. In that case, the other step I would take is to tell them where I was. I would tell them what time my business was open. I would tell them when I was available to give them the service they were looking for. That is all we are asking of the Chief Electoral Officer and Elections Canada, to please tell people where and when they can vote. Please tell Canadians how many days are available to vote and that, by special ballot, it is almost the whole 35 days of an election. There will now be five advance polls days plus a full day of election day voting at each of the other polls.

This is a tough business to run with 308 ridings across this country, soon to be 338, and about 200 polling stations in each of those ridings. Imagine turning that on and off from an Elections Canada point of view. I admire its ability to turn that type of service on and off and the way it is done, but let us use our time to tell the people of Canada when and where they can vote. Let us as politicians, as members of parties or not, give the reasons why people want to go to the polls. It is up to Elections Canada to tell them when and where. It is up to us to get them there and tell them why.

I will recap quickly. It is about customer service. There are many other parts of the bill that I know, when it gets to committee, the committee will be happy to deal with and talk about. We will have a great discussion. We will certainly see lots of lots of witnesses. In summary, I just wanted to talk about the customer service side of an election and the customer service side of Elections Canada.

Fair Elections ActGovernment Orders

February 10th, 2014 / 4:20 p.m.

NDP

Robert Aubin NDP Trois-Rivières, QC

Mr. Speaker, I listened carefully to my colleague's speech. I admit that I find the comparison a bit clumsy. Obviously all the comparisons are a bit clumsy, but here the hon. member was talking about customer service as it relates to a civic right, that of voting to determine who will lead the country. I think that one important thing that has not been mentioned is the fact that a large part of the population does not vote because they have become quite cynical about politicians and politics. That is what we should be focusing on.

However, Bill C-23 before us today is something that will help fuel this cynicism. Once they see such measures as increasing the annual contribution ceiling, those who feel that elections are bought will wonder whether there is any point in voting, given that the elections are bought by those with the means to do so, in any case. What we must do—and Bill C-23 does not do—is show each and every Canadian how very important their right to vote is. By eliminating the prerogatives of the Chief Electoral Officer, this bill would reduce the opportunities for education.

How is the right to vote a customer service? It is civic right. I would like the hon. member to explain that one to me. It seems that the comparison does not hold water.

Fair Elections ActGovernment Orders

February 10th, 2014 / 4:20 p.m.

Conservative

Joe Preston Conservative Elgin—Middlesex—London, ON

Mr. Speaker, I will share with the member opposite that we will agree to disagree, if that is the case.

The civic right is a civic duty. It is the duty of voters to know where they need to vote and when they need to vote. It is the duty of the political parties to convince people who they should vote for and that it is time to do it.

The cynicism comes when the rules are weakened or are used in a way that is arguably incorrect. We set the rules in place so that people know what to expect when they go to vote, what they need to have with them when they approach the voting station, and what to expect when they get to the voting station. That is how we remove the cynicism.

Fair Elections ActGovernment Orders

February 10th, 2014 / 4:20 p.m.

Liberal

Sean Casey Liberal Charlottetown, PE

Mr. Speaker, this member would be in a unique position to answer this question, given his experience in business and politics.

One of the offences covered under the Competition Act is deceptive telemarketing. One of the powers afforded to the director of competition under the Competition Act is the power to compel witnesses to testify, under oath, before a charge is laid. A complaint of the Chief Electoral Officer is that he was ill-equipped to do the robocalls investigation, which was deceptive telemarketing in a political context, if you will, because he did not have that power.

As someone who has had experience in business and in politics, would the hon. member explain why the director of competition has greater tools to investigate deceptive telemarketing practices than Elections Canada does?

Fair Elections ActGovernment Orders

February 10th, 2014 / 4:25 p.m.

Conservative

Joe Preston Conservative Elgin—Middlesex—London, ON

Mr. Speaker, I thank the member for his question and the kind words that I think he said about me.

The real answer is that this piece of legislation moves the covering of robocalls, of using telephone devices in an election campaign, to the people who do that best. As a business person and a politician, I look to the experts in the field. In this case, we have gone to the experts in the field who have said that the CRTC is the right place to be monitoring people who are using telephone communications.

We have it right. We have the experts on the job. They have already found them. They were able to by monitoring the use of telephone communications in both election and non-election times. I believe a member of this House, from Guelph, was even found guilty by them for what he did during the last campaign.

Fair Elections ActGovernment Orders

February 10th, 2014 / 4:25 p.m.

The Deputy Speaker Joe Comartin

Order. It is my duty pursuant to Standing Order 38 to inform the House that the question to be raised tonight at the time of adjournment is as follows: the hon. member for Québec, Search and Rescue.

Fair Elections ActGovernment Orders

February 10th, 2014 / 4:25 p.m.

NDP

Pierre-Luc Dusseault NDP Sherbrooke, QC

Mr. Speaker, I am pleased to rise in the House today to speak to Bill C-23, which was introduced last Tuesday. The bill is 242 pages long and was introduced less than a week ago. Today is the last day for debate at second reading of this bill.

As I said, the bill was introduced seven days ago, including the weekend. Of course, there is no debate in the House on the weekend. This 242-page bill was introduced less than seven days ago. The second reading vote is already happening this evening, as though we the members have had enough time to carefully analyze the bill and debate it here in the House. The bill will very soon be sent to committee. Members first saw this 242-page bill about a week and a half ago. The whole process has been very quick.

This is not the first time this has happened. In fact, since the Conservatives won a majority, this is unfortunately what has happened with every bill they introduce in the House.

It is interesting to know the background of the minister who introduced Bill C-23. The minister of state was one of the biggest defenders of the recent in and out scandal. He was the most partisan member and staunchly defended electoral fraud, as revealed by the Elections Canada investigation. Today, the same member is introducing electoral reform. It is a little clearer why he is so familiar with the elections act. He was the one who defended his party when it circumvented this very act. We understand why he knows it so well. His party acted very much against this act.

The minister of state also has a long history of attacks against Elections Canada. The Conservative Party is still conducting a vendetta against Elections Canada. It seems that Elections Canada is the Conservatives' arch-enemy. When anyone says the words “Elections Canada”, the Conservatives blanch and wonder what will happen. Will Elections Canada attack in the night to prevent the Conservatives from forming the government next time? Elections Canada is a completely independent entity. As soon as someone dares utter a criticism, however mild, the Conservatives see them as an enemy of the nation. As soon as anyone criticizes the Conservative government, even for a single second, that person becomes an arch-enemy. It is clear to the Conservatives that that person belongs to another political party and is engaging in hyperpartisanship. However, we know very well that Elections Canada is an independent entity. We do not have to prove that today.

The bill contains many measures, but I will not have time to talk about each one. I will talk about those that most surprised me when I read the bill. Some of my colleagues mentioned that there will be no more vouching at polling stations. A voter can get on the list of electors the day of the election. In fact, a voter can go to a polling station with a witness or voucher who can prove that the voter does live in that riding.

Furthermore, if the bill passes—which is not yet the case—the voter card will be refused. Voters receive this card in their mailbox and can use it when they go to vote. Voters also have to show a document as proof of identity. The Conservatives tend to forget that a voter cannot vote with just the red and white card.

A voter may have this card and present it to the person at the table at the entrance. When he or she goes to the polling station, the voter must also show a piece of identification that has the same name as that found on the voter card. That is how we prove our identity. It is not just the card that allows a person to vote, as some Conservatives seem to have been saying during today's debate.

In my view, this will prevent or certainly deter many people from exercising their right to vote. It will make it more difficult for voters, especially young people, to exercise their right to vote.

Students in Sherbrooke are a perfect example. It depends on when the election takes place. Let us take the example of a September election. Students are just arriving on campus and, for many of them, it is their first semester at university. Naturally, their primary residence is their parents' home, in a city other than Sherbrooke.

They have just arrived to start their studies, they may not have proof of residency and the election is being held in September. It is possible to use a hydro or telephone bill, or tenant or automobile insurance, or something else. It is possible to show proof of residency to Elections Canada, which designates 39 pieces of identification that can be shown in order to vote.

If the government eliminates the possibility of having someone vouch for you and using the voter card, many young people who want to vote will be unable to do so, including young people in Sherbrooke. They will not be at home, at their primary residence, at their parents' house. They will be in Sherbrooke, on campus, and will have no way of voting unless they return home.

If a communications student at the Université de Sherbrooke, whose primary residence is in Chicoutimi, wants to vote, the only option he would have would be to go home, a seven-hour drive from the university. This kind of situation may be rare, because I know that there is a good communications program in the Saguenay region. I think we can all imagine that this student will not end up voting on election day, since he will not make a 14-hour return trip to go vote, especially if he was not able to travel for advance polling either.

Many young people will not be able to exercise their right to vote, even though I am sure that everyone here in this House wants young people to be able to vote. The same goes for other members of society who are at a disadvantage with this bill, such as the homeless. How will they be able to vote? We have heard a lot about aboriginal people. People who live on reserves do not always have the necessary pieces of identification. This will prevent them from exercising their right to vote.

In asking questions of my colleagues earlier, I also commented about the fact that the government wants to keep big money out of politics. However, I feel that the opposite is going to happen with this bill. The bill is going against the current trends we are seeing everywhere in various jurisdictions, including Quebec, where the limit for political party donations is being reduced. The opposite is happening in the bill we are debating today.

The government wants to increase the limit for donations to political parties, which goes against the current tendency to try and eliminate the influence of money in politics as much as possible. Saying that the bill will keep big money out of politics is completely at odds with the measures included in the bill, measures that increase parties' election expenses and the donations that parties can receive. I do not understand why the government says “big money out of politics”, when the measures in the bill run counter to that statement.

I will oppose this bill at second reading, like most of my colleagues, I hope. At the very least, if the bill makes it to committee, I hope we will be able to improve it. However, at this stage, I will vote against it.

Fair Elections ActGovernment Orders

February 10th, 2014 / 4:35 p.m.

Conservative

Laurie Hawn Conservative Edmonton Centre, AB

Mr. Speaker, I have a couple of points on my colleague's assessment of the students' ability to vote. He said that if they had just arrived, they would not have a student ID and that they would be stuck at the university. I would suggest that their photo ID cards from home would be just as useless, because that is not where they would be living at the time.

The member talked about the students having to drive home for several hours and so on. I would remind him, in case he does not know, that people do not have to wait until election day or the advance poll days. As soon as Elections Canada is set up in a riding, a person can go and vote any day during the entire writ process. Most students would probably go home at some point during that time. They know when the election is, so there really is no excuse for not finding time to do that.

Apart from that, the member talked about vouching a lot. I have been the victim of fraudulent vouching, but that is okay.

I have a couple of questions for the member. Does he consider big money to be a 5% increase in campaign expenses, which are obviously going up all the time? Does he consider big money to be a $300 increase in a personal donation, which still eliminates unions and so on? As well, how many people does he think one person should be able to vouch for during an election?

Fair Elections ActGovernment Orders

February 10th, 2014 / 4:35 p.m.

NDP

Pierre-Luc Dusseault NDP Sherbrooke, QC

Mr. Speaker, there were a lot of questions there. I think I counted five.

Indeed, students will still have the opportunity to vote, but these measures will complicate the voting process and make it more difficult. I am not saying that it will be impossible for students in Sherbrooke to vote. However, the measures will be more complicated than they were in 2011. That was simply an observation on my part.

We hear the term “big money” being thrown around in the debate on this bill. I am not saying that the amounts of money are considered big money, but the current trend is to reduce or eliminate these contributions as much as possible.

For example, Quebec reduced the limit for political contributions to $100, if I am not mistaken. That is how you eliminate big money: by reducing contribution limits, not by increasing them.

It is inconsistent to say something and then do something else that has the complete opposite effect.

Fair Elections ActGovernment Orders

February 10th, 2014 / 4:35 p.m.

Liberal

Judy Sgro Liberal York West, ON

Mr. Speaker, I appreciate the comments from my colleague. Certainly many of us have some very significant concerns about a piece of legislation that is really coming forward to solve some of the current problems that the government has. They are not necessarily problems that the rest of us have.

When we deal with the issue of multicultural communities, which we all have, one of my concerns is the ability to make sure that they are communicated to fairly and accurately. Restricting Elections Canada as to the extent of what it can do is really going to hamper those opportunities.

Whose role is it to make sure that communications are given to the voters in a fair, accurate, honest way? Is it not Elections Canada's right to do that?

Fair Elections ActGovernment Orders

February 10th, 2014 / 4:40 p.m.

NDP

Pierre-Luc Dusseault NDP Sherbrooke, QC

Mr. Speaker, I thank my colleague for her question about Elections Canada's educational mandate, something that I did not have the chance to discuss in my speech.

Between elections, Elections Canada had the right to educate the Canadian public on their right to vote. It will no longer be allowed to engage in any kind of public education, in particular for students.

In 2011, about 500,000 high school students under the age of 18 were able to participate in a simulated election. The vote was simulated, with the same candidates who were running in their own ridings, to show what the right to vote involves.

As a result of this new measure, Elections Canada will no longer be able to run this campaign in schools. Why? I have no idea. The government will have to speak to that.

Furthermore, Canada's democracy week will also be eliminated. We will no longer be able to educate Canadians on the right to vote. In conclusion, I invite all members to ponder this issue. I do not have the answer.

Should the government in power, regardless of the party, be amending the Canada Elections Act, something that could end up benefiting that party?

Fair Elections ActGovernment Orders

February 10th, 2014 / 4:40 p.m.

Mississauga—Brampton South Ontario

Conservative

Eve Adams ConservativeParliamentary Secretary to the Minister of Health

Mr. Speaker, it is my great honour to speak to Bill C-23, the fair elections act.

It is remarkable that I should find myself here in this hallowed chamber speaking to this very bill. As many people know, my parents hail from eastern Europe and greatly suffered under Communist regimes. It is difficult to imagine, but within one generation they lived an onerous lifestyle, one in which they could not simply go to the local coffee shop and have an open discussion about local politics. It was forbidden to disagree with the local administration. People worried that their careers would be hampered. It was an era when jealous colleagues or even people's in-laws could report them for fictitious reasons to the secret police. It was a terrible way to live.

They were fortunate enough to come to Canada. Deeply entrenched in my brothers and me is an immense love for the democracy that we enjoy in this nation, as well as a true passion for politics, for elections, and for the concept that we can disagree openly and say, “I don't agree with this policy. This policy actually hurts me and my family. It hurts my colleagues at work.” We can go about in Canada and speak openly about that. We can try to effect change and try and bring about better public policy. They revelled in something as simple as that, and they entrenched a deep love for it because it simply was not available to them. It was not available to millions of people across Europe under Soviet-era tyranny.

Here we are today in very different circumstances. I am an ESL student. As somebody who did not speak English until I first entered school, I now find myself in this chamber debating a piece of legislation. How remarkable is that? How remarkable is it that we are allowed to freely debate this type of legislation?

I want to commend my colleague, the Minister of State for Democratic Reform, who has brought forward a wonderful bill that I believe improves our electoral system. It will bring additional transparency and fairness to the system. He has gone through recent complaints, a number of reports, and the Chief Electoral Officer's recommendations to try to bring about a comprehensive series of recommendations that will address the deficiencies he has found over recent years. I really do need to commend him. It is a sweeping set of improvements to our current electoral system.

I have been involved in politics with many people in this chamber on all sides of the House. A lot of us share a great passion for politics. I started when I was 14, stuffing envelopes and colouring maps. I have been involved in municipal, provincial, and federal campaigns. I have had the great pleasure of working with a number of people on this side of the House and against folks on the other side of the House in these campaigns over the years, and I can say that we are passionate.

Many individuals are rather competitive, but at the end of the day there is no honour and certainly no sport in running in an unfair election. People want to ensure that the election they run in has a fair outcome. It is okay to concede defeat, but we want to make sure that any defeat occurs because of the failure of the candidate or the party, not because some type of voter fraud took place. That is critical to ensuring the transparency of elections for our voters, those Canadians who take the time to leave their homes, go to a polling station, and stand in line in order to vote and to bring forward the change they are hoping for at the national, provincial, or municipal level.

The bill before us makes a number of changes. Allow me to speak to what I think is one of the best improvements the minister has brought forward, which is enhancing customer service by removing some of the obstacles to voting.

The fact that an additional advance polling day will be added is of immense service.

I come from the GTA, an area where people commute to and from work. They spend their day at work. It takes them the better part of an hour, or even more than an hour, to get home. They prepare a meal for their family. They might throw in a load of laundry. That is pretty much the day. It is now 8 p.m. or 9 p.m. They get up the next morning and do that all over again, just because commuting times are so dramatically long.

Therefore, when we ask individuals to come and vote, it is truly imposing on them. I have been there. I have worked here. I have obviously been a candidate. We see these long line-ups at polling stations. I think everything we can do to minimize the impact and the inconvenience for voters will encourage voting. Nobody wants to be hassled. Nobody enjoys waiting in line. The more we can do to shorten these lines, the better.

This piece of legislation would also allow for more individuals to be hired and for their hiring to take place earlier on so that they are better trained. Many people who show up on polling day have found there is a certain level of confusion. That is certainly not reassuring to voters or to anyone who is a part of the process. We hope for a more professional solution to these things, so I think that is a much-needed improvement to our system.

However, our electoral process must be accessible to all eligible Canadian voters. It needs to be accountable and transparent, yet voter fraud continues to be a problem in our system. Each time someone votes fraudulently, they cancel out the ballot of an honest voter.

Elections Canada has commissioned studies on this subject. Its own study suggests that there are massive irregularities in the use of vouching and high rates of inaccuracy on voter information cards. I know a number of my colleagues have actually spoken to this issue. Certainly members from the Mississauga community have. I can tell members what has happened with those voter information cards and what I have witnessed first-hand happen in my community.

There a number of high-rises. People move with high frequency in the GTA, and in some areas we have 30% turnover in our communities from one election to the next. People will receive a voter identification card in the mail. Of course, that individual has now moved, so this mail is just dropped in at a high-rise, out on the counter or into the recycling bin, and piles of it accumulate. Individuals will just scoop up all of these voter ID cards and utilize them for purposes that all members in this chamber can certainly guess.

I have also had individuals come forward to me during a campaign, saying, “Hey, I have these additional cards. These people no longer live in my home. Can we send other people to vote?”

While I smirk at the enthusiasm, I am very quick to point out that it would absolutely be inappropriate, unacceptable, and, frankly, against the law, and that it is simply not tolerable.

I think the fact that these voter ID cars would now be eliminated would be a dramatic improvement, and much needed for our system.

Of course, there has been much discussion over the forms of ID that would be acceptable. It is a rather comprehensive list. Over 39 pieces of ID would be acceptable at a voting station, including a library card, which is something that most folks have access to.

The list includes a series of things. It includes utility bills. It includes any correspondence from a school to an individual, so students obviously would be able to come out and vote. It includes student ID cards.

I think the real emphasis here is ensuring that we reach out, engage voters to get them to come to elections, and ensure that they understand how vitally important it is that they actually do cast a ballot. However, at the same time, we do not want to permit individuals to make a mockery of our system, to go about in some nefarious way and cast ballots that are not theirs.

Speaking for myself and, I hope, for all members, what we really ought to do is engage voters. I hope people are passionate when we show up at their door and talk to them about issues of concern.

I am one of these people who love door-knocking. I love to go, whether it is snowing outside, whether it is hot and humid outside, and actually engage with our constituents and hear their priorities. I want to know what they would like me to fight for when I come to Ottawa. It is not about relaying information from Ottawa to the voter; it is about standing up for the values and the priorities of our constituents, the ones who were kind enough to send us here so that we could articulate for them. That really is a priority.

I think it is incumbent upon us all as politicians to engage voters, to encourage them, and to have public policy exciting enough that they are looking forward to coming out to vote for us, actually looking forward to showing up, standing in line, and voting for our political party.

I do not want us ceding that to Elections Canada. I think each and every party has to encourage and excite that type of debate. We need to come forward with different initiatives that actually help the average middle-class Canadian family to want to come out and vote so that hopefully this Parliament reflects their values and priorities.