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.

Opposition Motion—Instruction to the Standing Committee on Procedure and House Affairs Regarding Bill C-23Business of SupplyGovernment Orders

February 24th, 2014 / 1:40 p.m.


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NDP

Craig Scott NDP Toronto—Danforth, ON

Mr. Speaker, the short answer is that I have a very different understanding from the minister of the relationship between causation and correlation.

The minister has spent a lot of time on this, and he is now paring back. Criticism has shown him the error of his way, not on this point, but on the Neufeld report. He was constantly citing irregularities early on, as if they amounted to fraud, or even the serious risk of fraud. Gradually he has begun to nuance because he knows that people have read the report and understand that is not what Neufeld said.

There is the same thing on this score. Causation is not correlation. I asked the minister in our earlier debates why we cannot have the new section 18, as written in Bill C-23, alongside the old section 18. The two sections are not in conflict. The new section is a kind of marching order to Elections Canada to engage in the kind of targeted information-giving that the minister has made the case for being beneficial. However, he has made no case that public education and democratic outreach themselves are not beneficial. That is the difference between causation and correlation.

Opposition Motion—Instruction to the Standing Committee on Procedure and House Affairs Regarding Bill C-23Business of SupplyGovernment Orders

February 24th, 2014 / 12:50 p.m.


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Conservative

Pierre Poilievre Conservative Nepean—Carleton, ON

Mr. Speaker, Elections Canada accepts 39 forms of identification, including student cards. That is just one example; Elections Canada accepts many other documents. However, we are changing the legislation to compel Elections Canada to inform the public of the types of identification required. Young people should have this information before the election so that they can go and vote with the proper identification in hand.

The fair elections act will make that happen.

I should also point out that we need to help disabled Canadians cast their ballots. The fair elections act would require that the agency inform disabled Canadians of the special tools available to help them cast their ballots. For example, the Canadian National Institute for the Blind has stated:

Voting is a democratic right for all Canadians. We are happy to have the opportunity to work hand in hand with Government representatives to increase accessibility and awareness of elections amongst the blind and partially sighted community. We need to empower all Canadians to participate in the democratic process and make choices about their leadership....

We could not agree more.

Opposition Motion—Instruction to the Standing Committee on Procedure and House Affairs Regarding Bill C-23Business of SupplyGovernment Orders

February 24th, 2014 / 12:10 p.m.


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Oak Ridges—Markham Ontario

Conservative

Paul Calandra ConservativeParliamentary Secretary to the Prime Minister and for Intergovernmental Affairs

Mr. Speaker, I am sorry you had to suffer that speech by being in the chair.

The reality is that this particular piece of legislation has yet to have a minute in committee. We know that when Bill C-23 was first introduced, the New Democrats, before even reading the bill, had said they would not support it. That was painfully obvious when the critic for democratic reform admitted in front of the press that he had not read the bill and said the NDP was still not going to support it.

Moreover, we had some debate in the House and heard two areas of concern. One was with respect to vouching. I note that on page 25 of the bill, it states that subsection 143(3) would be modified but still provides some leeway for the polling officer with respect to people's addresses. I have yet to hear from the NDP what it would propose. We also know the Minister of State for Democratic Reform has clearly stated that the Chief Electoral Officer would still have the mandate to go out and speak to people.

In the absence of hearing anything from the NDP on what it would do differently in the bill, outside of those two areas, would the hon. member agree that we should start committee hearings on this and get further debate going?

Election of the SpeakerPrivate Members' Business

February 24th, 2014 / 11:30 a.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, it is indeed interesting that we are debating this particular motion at this time. One of the things I have noticed in sitting on the PROC committee is that there is a great desire from individual members to talk about principled issues related to democracy.

I made reference to a different motion, Motion No. 431, in the form of a question to the mover, which I did to highlight the fact that we have another motion dealing with another issue, but they are all about the idea of change and how we can improve the system. It makes me wonder what else we could be doing and having the PROC committee take a look at.

We are talking about the important principle of electing a Speaker, and how the Speaker should ultimately assume the responsibilities of the chair. After we debate that this morning, later on today we will be debating Bill C-23. Tomorrow morning, I will sit in the PROC committee, and we will debate Bill C-23.

I say that because, at the end of the day, I do not question the level of interest members have with regard to the important issue of the Speaker and how the Speaker assumes the responsibilities of the chair. However, we have to recognize that the interest in this goes beyond the chamber. There are many academics, other stakeholders, and average Canadians who take an interest, because it has a significant impact.

One member made reference to the fact that this is, in essence, one of the fundamental principles of our democracy. The legislation we have in Bill C-23 is a greater piece of legislation, I would argue, in terms of the responsibility of members of the House before the PROC committee today. Members need to be aware of what is taking place in the PROC committee today because of the profound negative overall impact it would have, and because of everything that has taken place in the bill's coming before the committee. This is something members need to note.

I just wanted to highlight this issue before I made my comments related to the Speaker, because it is important for us to recognize this whenever we can.

Having said that, as part of a provincial legislature I have had the opportunity to go through both worlds. These are the world where a Speaker is appointed and the world where the Speaker is elected by peers. I would like to share a little bit on that point.

I can go back to 1989 and 1990, when we had an appointed Speaker in the Manitoba legislature. Denis Rocan was the Speaker. Gary Filmon was the premier who appointed him. One of the early decisions that had to be made was with regard to Meech Lake. Members of the chamber might recall how important that decision was. It had a profound impact on the entire country. In essence, it defeated the Speaker recognizing an individual who sat in a third party. By using the word “no”, he was ultimately able to prevent the Meech Lake accord from passing, denying Canada that constitutional reform.

I was there at the time. Speaker Rocan, in looking over and watching Mr. Harper because it was a very difficult situation at the time, played a critical role—

Committees of the HouseOral Questions

February 14th, 2014 / 11:20 a.m.


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NDP

Megan Leslie NDP Halifax, NS

Mr. Speaker, yesterday the Minister of State for Democratic Reform called cross-country hearings on the fair elections act a “costly circus”, and his colleague called them a “gong show”. Yet the Conservatives are happy to propose spending $600,000 on other committee travel.

Could the Minister of State for Democratic Reform tell us why some committee travel is acceptable to him, but travelling across the country to talk about democratic reform is not worth the effort?

Intergovernmental AffairsOral Questions

February 13th, 2014 / 3:05 p.m.


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NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Mr. Speaker, arising out of question period, the Minister of Transport raised a serious concern about the ability of the transportation committee to travel, to hear from Canadians about rail safety.

She did not express those consultations as being a gong show or a costly circus, as her colleagues have done, so I would seek to move the following motion that I believe will remove the impasse and allow the minister to have the hearings that she so desperately wants. It would allow Canadians to also have hearings that they so desperately want about our Elections Act. I move:

That it be an instruction to the Standing Committee on Procedure and House Affairs that in relation to its study on Bill C-23, an act to amend the Canada Elections Act and other Acts and to make consequential amendments to certain Acts, that it have the power to travel to all regions of Canada: Atlantic Canada, Quebec, Ontario, northern Ontario, the Prairies, British Columbia, and the north, as well as downtown urban settings and rural and remote settings, in the winter-spring, 2014, and that the necessary staff accompany the committee.

41st General ElectionPetitionsRoutine Proceedings

February 11th, 2014 / 10:10 a.m.


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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I rise this morning to present two petitions.

The first relates to the ongoing investigation of the calls that were made, generally referred to as robocalls, in 2011.

It is a timely petition because, as we know, Bill C-23 actually has a good regime. One part of Bill C-23 that I like is the part that deals with regulating robocalls.

The petitioners in this case are from the Ottawa area and some from British Columbia. They are calling for a full inquiry to get to the bottom of what occurred in 2011.

Fair Elections Act—Speaker's RulingPoints of OrderRoutine Proceedings

February 10th, 2014 / 3:20 p.m.


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The Speaker Andrew Scheer

I am now prepared to rule on the point of order raised on February 6, 2014, by the hon. House leader for the official opposition, regarding the form of Bill C-23, An Act to amend the Canada Elections Act and other Acts and to make consequential amendments to certain Acts.

I would like to thank the hon. House leader for the official opposition for having raised this matter, as well as the hon. leader of the government in the House of Commons and the member for Abitibi—Témiscamingue for their comments.

The opposition House leader claimed that a significant error had occurred in the tabling and the drafting of the bill, namely that there was contradictory information provided in the French and English versions of the summary of the bill. More specifically, he explained that the notion of exemption, though central to that section of the summary, was absent in the French version.

In claiming that the bill is, therefore, in imperfect form, the House Leader for the Official Opposition invoked House of Commons Procedure and Practice, second edition, which states on page 728 that:

In the past, the Speaker has directed that the order for second reading of certain bills be discharged, when it was discovered that they were not in their final form and were therefore not ready to be introduced.

As well, he noted that Standing Order 68(3) states that, “No bill may be introduced either in blank or in an imperfect shape” and asserted that the correction of errors on websites or through reprints of bills does not remedy such cases.

The hon. government House leader countered that the summary of a bill is not, in fact, considered to be a part of a bill and, thus, even grievous errors in the summary would not constitute grounds to find a bill to be in improper form. He cited precedents to demonstrate that previous Speakers had withdrawn bills only when they were not finalized or even drafted, and he noted that, on May 17, 1956, Speaker Beaudoin determined that a bill has to have blanks to be considered to be in imperfect form.

The hon. government House leader also noted that the wording was correct in both the version now before the House and in the version found on the Internet.

In drawing the attention of the House to the inconsistency found in the summary of the advance copy of the bill, the opposition House leader has reminded us all of the importance of proper drafting. This is recognized in House of Commons Procedure and Practice, second edition, on page 720, which states:

The enactment of a statute by Parliament is the final step in a long process that starts with the proposal, preparation and drafting of a bill. The drafting of a bill is a vital stage in this process—one which challenges the decision makers and drafters to take carefully into account certain constraints, since a failure to abide by these may have negative consequences in relation to the eventual interpretation and application of the law and to the proper functioning of the legislative process.

It is therefore comforting to know that members take their responsibility seriously and scrutinize the bills that come before the House.

Having said that, I must inform the House that in the official version of the bill, the one printed and found on our website, the concept of exemption has not been omitted. In other words, the inconsistency the opposition House leader noticed has been caught and corrected in the version of which the House is officially seized. On that basis, it would seem that the issue has been resolved.

But, I also want to take the time to add that the summary of a bill is not, per se, considered part of a bill. This is quite clear in House of Commons Procedure and Practice, second edition, on page 733:

The summary is a comprehensive and usually brief recapitulation of the substance of a bill. It offers “a clear, factual, non-partisan summary of the purpose of the bill and its main provisions”. The purpose of the summary is to contribute to a better understanding of the contents of the bill, of which it is not a part.

In addition, procedural authorities and precedents have provided us with a clear understanding of what constitutes an incomplete bill. O'Brien and Bosc, on page 728, states:

A bill in blank or in an imperfect shape is a bill which has only a title, or the drafting of which has not been completed.

In the present circumstances, the Chair is satisfied that Bill C-23, an act to amend the Canada Elections Act and other acts and to make consequential amendments to certain acts, is in proper form.

I thank all hon. members for their attention and I trust the references provided will assist members as they proceed to study the bill as it wends its way through the legislative process.

41st General ElectionOral Questions

February 10th, 2014 / 2:55 p.m.


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Nepean—Carleton Ontario

Conservative

Pierre Poilievre ConservativeMinister of State (Democratic Reform)

Mr. Speaker, the question was about the powers of the existing election commissioner. Let us clarify.

First of all, he can compel testimony before the courts after charges are laid through something called a subpoena. He can compel documents by seeking a warrant from a judge, and all of his powers of investigation are the same as those of police officers investigating the most heinous of crimes.

Furthermore, under the fair elections act he would have sharper teeth, a longer reach, and a freer hand, including total independence so that he can make his own decisions about investigations and staffing, and he will not be able to be fired without cause.

Democratic ReformOral Questions

February 10th, 2014 / 2:35 p.m.


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NDP

Craig Scott NDP Toronto—Danforth, ON

Mr. Speaker, the government is trying to shut down debate on legislation that would change the way elections are run in this country.

It is shutting down debate on a bill that is supposed to combat electoral fraud but that instead would target Elections Canada and ordinary Canadian voters. It would also give Conservatives an unfair advantage.

Would the government at least allow Canadians to have their say on it? Will it support the NDP's proposal for cross-country hearings on Bill C-23, the unfair elections act?

Democratic ReformOral Questions

February 10th, 2014 / 2:35 p.m.


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Nepean—Carleton Ontario

Conservative

Pierre Poilievre ConservativeMinister of State (Democratic Reform)

Mr. Speaker, the NDP members have not read the Canada Elections Act. Sections 533, 534 and 535 already require the Chief Electoral Officer to testify and submit a report before Parliament, which automatically becomes public. These sections are not being changed in any way in the Fair Elections Act.

Supporting Non-Partisan Agents of Parliament ActPrivate Members' Business

February 10th, 2014 / 11:05 a.m.


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Conservative

Michelle Rempel Conservative Calgary Centre-North, AB

Mr. Speaker, I look forward to a spirited debate on Bill C-23, the fair elections act, I believe in under an hour. I would ask my colleague to entertain us with some relevancy to this particular piece of legislation.

The House resumed consideration of the motion that Bill C-23, An Act to amend the Canada Elections Act and other Acts and to make consequential amendments to certain Acts, be read the second time and referred to a committee.

Fair Elections ActPoints of OrderGovernment Orders

February 6th, 2014 / 5:50 p.m.


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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Mr. Speaker, I am rising to provide further supplementary submissions to those I made earlier, as I indicated I would, on the point of order raised this afternoon by the hon. House leader for the official opposition.

I have had a chance to consult the cases that were cited in footnote 99 associated with the passage from which the hon. member for Skeena—Bulkley Valley quoted on page 728 of House of Commons Procedure and Practice, second edition.

In one of those cases, on May 16, 1978, at page 5461 of the Debates, Mr. Speaker Jerome directed that a bill be withdrawn after introduction because, “...while the document in respect to the motion was prepared, the bill itself had not been finalized and therefore is not ready for introduction”.

Second, in another case on December 15, 1980, at page 5746 of the Debates, Madam Speaker Sauvé directed that a bill be withdrawn on the same basis. Indeed, the bill in that case had not yet even been drafted.

These are in very stark contrast to the situation at hand.

Unlike those cases, we do have a bill. We have been hearing about it in the House all week long. The hon. House leader of the official opposition even quoted, from the summary of the bill, an explanatory text accompanying the clauses of the bill. Of course, we have had many people in the debates today and yesterday referring to parts of the bill.

In my earlier submissions, I spoke to the relationship between an explanatory note and a bill. Members will recall that the House leader was saying the difficulty was with the explanatory note, that there was a difference in the translation between the French and the English, and therefore the bill was not in its proper form.

I will add to my earlier citation by quoting from the treatment O'Brien and Bosc give to bill summaries at page 733.

The purpose of the summary is to contribute to a better understanding of the contents of the bill, of which it is not a part. For this reason, it appears separately at the beginning of the bill.

Once again, there is another citation that demonstrates that the summary, which is what the member was referring to, is not part of the bill. Even if there were an error in the summary that was grievous, that is not a reason to say the bill is not in its proper form. It is not part of the bill.

I do have a few other precedents that I would like to offer in relation to these supplementary texts of an explanatory nature, which get appended to bills.

I will start with a ruling of June 14, 1938, at page 450 of the Journals from Mr. Speaker Casgrain. He said:

The explanatory notes do not form part of the bill proper and they do not have to be approved by the House. They are only given as reasons for the text and to facilitate discussion.

That was a long time ago; 75 years ago or more.

Next, I have Mr. Speaker Beaudoin's ruling, which is much more recent, May 17, 1956, an interesting time, at page 568 of the Journals.

...explanatory notes are not part of the bill nor are the marginal notes....The bill consists of the various clauses that are there. In order to judge whether a bill is blank or in an imperfect shape, it had to have blanks when it was introduced and given first reading.

Later, he said in relation to what is now Standing Order 68(3): “No bill may be introduced either in blank or in imperfect shape”.

He continues:

Therefore at that moment the hon. Member cannot raise the point of order because he does not have a copy of the bill. The bill has not been printed. It is my duty, however, to satisfy myself. He was referring to his role as Speaker.

Mr. Speaker Beaudoin's ruling was sustained at the time upon appeal by a vote of 152 to 57.

On March 29, 1972, at page 1268 of the Debates, Mr. Speaker Lamoureux also confirmed the courtesy nature of the supplementary content that gets printed with bills.

As the hon. member for Skeena—Bulkley Valley pointed out, there was a translation error in the text from which he quoted. That text was prepared by the Department of Justice and bore on its cover the following note: “Advance copy to be formatted and reprinted by Parliament”.

The proviso was added to the courtesy copies of the government bills that were provided to MPs following the point of order by the hon. member for Kings—Hants, which was also cited today, and I think some of us remember that debate.

The official version of Bill C-23 of which the House is seized was ordered by the House on Tuesday to be printed. That motion is recorded at page 493 of the Journals. That copy of the bill, the official copy printed by order of the House and as published under the purview of our law clerk, can be viewed on the Internet, and there the House can see the corrected text in the bill’s summary.

In conclusion, I will briefly recap my arguments. First, the test for the application of Standing Order 68(3) takes place prior to introduction under the authority of the Chair, not at this stage. Second, explanatory notes and summaries do not even form any part of the bill; it is simply a courtesy measure to assist hon. members in performing their jobs. Finally, the wording issue of which the NDP has complained is not even in the version of Bill C-23 before this House.

I think we can see that there is no merit to the point raised.

Business of the HouseOral Questions

February 6th, 2014 / 3:15 p.m.


See context

York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Mr. Speaker, this afternoon we will continue to the second of our four days of second reading debate on Bill C-23. I do want to draw attention that debate is on the fair elections act because that is significantly more than the five hours that the NDP critic yesterday proposed that the House should have as a debate at this stage.

We think that four days is better than five hours. We want more debate. Unfortunately, we did lose the debate this morning because of the delay and obstruction tactics from the opposition. However, we are optimistic that we will be able to proceed and have further debate today.

In fact, we would hope to have it also tomorrow and on Monday. The fair elections act, as we have all heard, will ensure that everyday citizens, everyday Canadians, remain in charge of Canadian democracy. Of course, it has had strong reviews, including an A minus from a former chief electoral officer for Canada.

Tuesday morning will see the ninth day of consideration of Bill C-2, Respect for Communities Act. It has now become painfully clear that the opposition will not agree to these common-sense rules that allow communities to have a say in whether a drug-injection site should be opened in their midst.

Mr. Speaker, the highlight of next week will be the budget presentation, with the hon. Minister of Finance delivering that in this chamber at 4 p.m. on Tuesday.

Wednesday and Friday of next week will be the first and second days of debate on the budget in the House.

I understand that Bill C-15, Northwest Territories devolution act, will be reported back from committee shortly. We will see that it gets considered at report stage, and hopefully third reading. At the moment, I am setting next Thursday aside for that purpose.