Fair Elections Act

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

This bill was last introduced in 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.

This enactment amends the Canada Elections Act (“the Act”) to require the Chief Electoral Officer to issue interpretation notes and guidelines on the application of that Act to registered parties, registered associations, nomination contestants, candidates and leadership contestants. It also requires the Chief Electoral Officer, on request, to issue a written opinion on the application of provisions of the Act to an activity or practice that a registered party, registered association, nomination contestant, candidate or leadership contestant proposes to engage in.
The enactment also modifies the Chief Electoral Officer’s power under section 17 of the Act so that the power may only be exercised to allow electors to exercise their right to vote or to allow votes to be counted. It also limits the Chief Electoral Officer’s power to transmit advertising messages to electors and requires the Chief Electoral Officer to ensure that any information so transmitted is accessible to electors with disabilities.
The enactment further amends the Act to permit the Chief Electoral Officer to seek approval from parliamentary committees to test an alternative voting process (but where such a pilot project is to test a form of electronic voting, the Chief Electoral Officer must first obtain the approval of the Senate and House of Commons). The enactment also eliminates the mandatory retirement of the Chief Electoral Officer at age 65 and replaces it with a 10-year non-renewable term. It provides for the establishment of an Advisory Committee of Political Parties to provide advice to the Chief Electoral Officer on matters relating to elections and political financing. The enactment also amends the Act to provide for the appointment of field liaison officers, based on merit, to provide support to returning officers and provide a link between returning officers and the Office of the Chief Electoral Officer. It also enables the Chief Electoral Officer to temporarily suspend a returning officer during an election period and provides for the appointment of additional election officers at polling stations. Finally, it empowers registered parties and registered associations, in addition to candidates, to provide names of individuals for election officer positions and changes the deadline for providing those names from the 17th day before polling day to the 24th day before polling day.
The enactment also adds to the Act Part 16.1, which deals with voter contact calling services. Among other things, that Part requires that calling service providers and other interested parties file registration notices with the Canadian Radio-television and Telecommunications Commission, provide identifying information to the Commission and keep copies of scripts and recordings used to make calls. That Part also requires that the Canadian Radio-television and Telecommunications Commission establish and maintain a registry, to be known as the Voter Contact Registry, in which the documents it receives in relation to voter contact calling services are to be kept.
The enactment also replaces Part 18 of the Act with a new, comprehensive set of rules on political financing that corrects a number of deficiencies in the Act. Notably, the enactment
(a) increases the annual contribution limits for contributions to registered parties, registered associations, candidates and nomination and leadership contestants to $1,500 per year and by $25 per year after the first year;
(b) increases the amount that candidates and leadership contestants may contribute to their own campaigns to $5,000 and $25,000, respectively;
(c) permits registered parties and registered associations to make transfers to candidates before their nomination is confirmed by the returning officer;
(d) requires a registered party’s auditor to complete a compliance audit in relation to its election expenses return indicating that the party has complied with the political financing rules;
(e) requires registered parties, registered associations and candidates to disclose details of expenses for voter contact calling services in their returns;
(f) reforms the rules governing unpaid claims, making it an offence for claims to remain unpaid after three years and strengthening the reporting of unpaid claims;
(g) reforms the reporting requirements of leadership contestants;
(h) permits higher spending limits for registered parties and candidates if an election period is longer than the 37-day minimum;
(i) includes new rules on political loans; and
(j) defines “capital asset” for the purposes of reporting the distribution cost of advertising or promotional material transmitted to the public using a capital asset, so that the expense is reported as the corresponding rental value for the period in which it was used, and for the purpose of the disposal of the campaign surplus.
With respect to voter identification, the enactment amends the Act to require the same voter identification for voting at the office of the returning officer in an elector’s own riding as it requires for voting at ordinary polls. It also prohibits the use of the voter information card as proof of identity, eliminates the ability of an elector to prove their identity through vouching, allows an elector to swear a written oath of their residence provided that their residence is attested to on oath by another elector, and requires an elector whose name was crossed off the electors’ list in error to take a written oath before receiving a ballot.
The enactment also amends the Act to provide an extra day of advance polling on the eighth day before polling day, creating a block of four consecutive advance polling days between the tenth and seventh days before polling day. It requires a separate ballot box for each day of advance polling and details procedures for the opening and closing of ballot boxes during an advance poll. Finally, it gives returning officers the authority to recover ballot boxes on the Chief Electoral Officer’s direction if the integrity of the vote is at risk.
The enactment also amends the Act to, among other things, establish a process to communicate polling station locations to electors, candidates and political parties, to provide that only an elector’s year of birth is to be displayed on the lists of electors used at the polls, instead of the full date of birth, to permit candidates’ representatives to move to any polling station in the electoral district after being sworn in at any polling station in the district and to establish a procedure for judicial recounts.
The enactment further amends the Act to change how the Commissioner of Canada Elections is appointed. It establishes that the Commissioner is to be appointed by the Director of Public Prosecutions for a seven-year term, subject to removal for cause, that the Commissioner is to be housed within the Director’s office but is to conduct investigations independently from the Director, and that the Commissioner is to be a deputy head for the purposes of hiring staff for his or her office and for managing human resources.
The enactment also amends the Act to add the offence of impersonating or causing another person to impersonate a candidate, a candidate’s representative, a representative of a registered party or registered association, the Chief Electoral Officer, a member of the Chief Electoral Officer’s staff, an election officer or a person authorized to act on the Chief Electoral Officer’s or an election officer’s behalf. It also adds the offences of providing false information in the course of an investigation and obstructing a person conducting an investigation. In addition, it creates offences in relation to registration on the lists of electors, registration on polling day, registration at an advance polling station and obligations to keep scripts and recordings used in the provision of voter contact calling services.
The enactment further amends the Act to provide for increases in the amount of penalties. For the more serious offences, it raises the maximum fine from $2,000 to $20,000 on summary conviction and from $5,000 to $50,000 on conviction on indictment. For most strict liability offences, it raises the maximum fine from $1,000 to $2,000. For registered parties, it raises the maximum fine from $25,000 to $50,000 on summary conviction for strict liability political financing offences and from $25,000 to $100,000 on summary conviction for political financing offences that are committed intentionally. For third parties that are groups or corporations that fail to register as third parties, it raises the maximum fine to $50,000 for strict liability offences and to $100,000 for offences that are committed intentionally and for offences applying primarily to broadcasters, it raises the maximum fine from $25,000 to $50,000.
The enactment amends the Electoral Boundaries Readjustment Act to authorize the Chief Electoral Officer to provide administrative support to electoral boundary commissions. It amends the Telecommunications Act to create new offences relating to voter contact calling services and to allow the Canadian Radio-television and Telecommunications Commission to use the inspection and investigation regime in that Act to administer and enforce part of the voter contact calling services regime in the Canada Elections Act. It amends the Conflict of Interest Act to have that Act apply to the Chief Electoral Officer. It also amends the Director of Public Prosecutions Act to provide that the Director of Public Prosecutions reports on the activities of the Commissioner of Canada Elections.
Finally, the enactment includes transitional provisions that, among other things, provide for the transfer of staff and appropriations from the Office of the Chief Electoral Officer to the Office of the Director of Public Prosecutions to support the Commissioner of Canada Elections.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

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

May 13th, 2014 / 11:15 a.m.


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NDP

Marjolaine Boutin-Sweet NDP Hochelaga, QC

Mr. Speaker, earlier, my colleague talked about the banking loan system. He said it was very complicated, but I would like more information about it. Can he provide a brief explanation?

Fair Elections ActGovernment Orders

May 13th, 2014 / 11:15 a.m.


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NDP

Craig Scott NDP Toronto—Danforth, ON

Mr. Speaker, in what began two years ago as a good faith effort on the part of the former minister for democratic reform, a system of political loans was inserted into the Canada Elections Act, whereby essentially banks are now the central actor in providing candidates with loans in order to start up campaigns, before they may have raised money. The problem is with a whole series of limitations on how those loans can be guaranteed.

The banks appeared before the procedure and House affairs committee almost two years ago with respect to a previous incarnation of this legislation. They said there would not be the right kind of incentives for a bank to chase down all the guarantors in order to give out these loans. The Chief Electoral Officer said it would be unworkable because those who could guarantee and give loans within their individual donation limits would be impossible to track because of a whole series of fluctuations over the course of a year.

It was unworkable according to the Chief Electoral Officer and unworkable according to the banks.

The result is that those who need loans, especially non-incumbents because they have not yet raised money, are going to be at a disadvantage versus those who have had a chance to raise a lot of money, mostly incumbents, or can receive direct transfers or loans form a well-resourced national party and therefore have no need whatsoever to turn to the banks to help start up their campaign.

I think it is in the result. I do not think this is intentional on the part of the government, although it heard the concerns before. In the result, this bank loan system would give advantage to parties and candidates who are well resourced because access to it would only be needed by those who do not have resources. It would also be the case with this system that, when individuals try to access it, they may find the banks' doors are closed.

Fair Elections ActGovernment Orders

May 13th, 2014 / 11:15 a.m.


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Conservative

Ryan Leef Conservative Yukon, YT

Mr. Speaker, I would like to touch on the point my hon. colleague is making about parties being well resourced. Parties that are well resourced are indicative of parties that have the support of the Canadian public. The resources are provided by people who take out memberships in the party, believe in party philosophies, and are willing to donate money. It would only stand to reason that parties that are not well resourced are not well supported.

I am not sure I understand the member's logic that parties that are not supported by a membership and by membership donations, and do not have broad Canadian support, should somehow be given financial resources through some other means.

The member's argument about resourcing being indicative of incumbents' positions is not actually the case. I was not an incumbent in the last election but I was resourced. Resources do not equate to election success because the incumbent in the last election in the Yukon spent $20,000 more than he had in the election before and lost by 1,500 votes. That resourcing did not equate to election success, and that is not broadly the case across this country.

Maybe the member would wish to comment on some of those remarks.

Fair Elections ActGovernment Orders

May 13th, 2014 / 11:15 a.m.


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NDP

Craig Scott NDP Toronto—Danforth, ON

Mr. Speaker, if fundraising and resourcing do not affect elections, then we should talk about lowering campaign expense limits entirely. We should make sure every candidate has a much lower limit because it does not have impact, as the hon. member has indicated.

At the same time, unfortunately, in the norm, that is not the case. Especially with the spending limits per constituency election that we currently have, spending can make a major difference, especially major gaps in what candidates can spend.

Beyond that, the fact that a party has a lot of money is a sign of which sectors of society may be supporting that party and may be in a position to donate to that party. It has nothing to do with the level of support from society as a whole. Equating the fact that a party has been able to raise a lot more money from a stronger donor base with wealthier donors, on average, says nothing about its political support.

Fair Elections ActGovernment Orders

May 13th, 2014 / 11:20 a.m.


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Liberal

Mauril Bélanger Liberal Ottawa—Vanier, ON

Mr. Speaker, I rise to speak today to a very problematic bill that may put Canada in a very difficult situation down the road.

I will begin by trying to put the bill into context, the way I see it. After the last election, Elections Canada launched investigations into some of the practices that came to light during the election. I am talking about the mechanism one political party had created in order to get around the spending limits for national campaigns. The party would lend money to riding associations or local campaigns, which would then transfer the money to the central party to spend on advertising. This was the famous “in and out” scandal. Naturally, this led to a lawsuit, and the party was found guilty of breaking the law and had to pay a fine. This left a stain on this party, which is now in power.

The other incident began shortly before the last election. In a new approach to running an election campaign, the party would suppress the vote and reduce voter turnout in an effort to get its own candidates elected. The thinking was that it might have the better team or a better machine to get out the vote, so if it succeeded in discouraging others from voting, this would increase the chances of its candidates getting elected. I am referring to the robocalls.

By the way, this is a misnomer because in the riding that I have the pleasure of representing, people did not receive a robocall. They received a call from a person who gave them false information. That happened a number of times. I asked everyone who notified me of this to sign an affidavit. Everything I received I passed on to Elections Canada and the RCMP.

For example, a woman of a certain age had lived in a building for about 60 years. When there is a municipal, provincial or federal election, the polling station is always in the building. On election day, the woman received a call informing her that her polling station had been moved. She laughed at them, called them idiots and told them that she had already voted in her building and that what they were trying to do was wrong. That was one of the women who signed an affidavit in front of a lawyer. This complaint was sent to Elections Canada, and there were others.

This whole affair left a very bad taste in Canadians' mouths and put a black mark on the political party in power. It may have generated interest in amending the law. Canadians and parliamentarians called for amendments. In his reports, the Chief Electoral Officer called for changes to the law and the government promised to make some.

The previous minister had told the House that the bill would be introduced in a few days. We learned that he consulted his caucus and instead of introducing the bill the next day, as he was supposed to, he went back to the drawing board. With the last cabinet shuffle, the appointment of the new Minister of State for Democratic Reform caused quite a stir among Canadians.

As we know, the minister who introduced the bill is another sort of person, someone who is a little more acerbic and a little more partisan.

This resulted in the bill to amend the Elections Act, which was introduced a while ago. Canadians and MPs began to react. I would like to remind members of the reactions to the bill from right across the country.

The Cape Breton Post said:

Conservatives’ Fair Election Act anything but fair

That was in February.

An Edmonton, Alberta, newspaper called Le Franco published an article titled “Election Tension Intensifies”. The article said:

The 242-page fair elections bill was rushed through, even though it will have a significant impact on the democratic process. The bill, introduced on February 4, fundamentally changes the rules.

A headline in The Gazette read:

Bill could end vote drive campaigns

Elections Canada ads failed, minister says

A National Post headline read:

Electoral officer slams reform bill at meeting, vows not to resign

Draws applause

That article was written by Glen McGregor.

The Gazette said:

Anti-vouching provisions unconstitutional: critics

Fair Elections Act measure could affect the young, seniors and aboriginals

In another article in The Gazette, Andrew Coyne wrote:

What election problems do Tories want to solve?

The Winnipeg Free Press said:

Election bill helps Tories exclusively

The Chronicle Herald said:

Former watchdog slams electoral reform bill

Another headline in The Chronicle Herald read:

Some good, some bad

ELECTION CHANGES

There are a few nuances here and there.

Another headline in the same newspaper read:

New Fair Election Act: not exactly as advertised

The National Post said:

Electoral reform based on mistrust

New bill removes chief electoral officer's power

An article in Le Devoir was titled “The Poisoned Ballot Box”.

A headline in La Presse read: “Ottawa wants to remove the CEO's power to investigate”.

Those are the reactions we saw across the country. Well-known and well-respected individuals even made some surprising comments. The first was Preston Manning, who was quoted in The Globe and Mail on March 1, if I am not mistaken:

Conservatives are increasingly not viewed as the party that most champions democratic values....

It was Mr. Manning who said that.

This created a situation in which we were forced to ask ourselves some questions. Some changes made to the law were completely unacceptable.

I was there when the Chief Electoral Officer spoke to the committee on March 6. I listened to his statement and shared it with my constituents. He tore apart the bill as it had been introduced.

Members will recall a situation we had never seen before. One of the country's top newspapers, The Globe and Mail, published scathing criticisms of the bill in five editorials—one a day. The following Monday, another editorial was published, entitled:

Kill this bill

Many people across the country shared the same opinion. They were not satisfied with the bill the government had introduced. There was a public outcry. Many organizations started petitions, as did the opposition parties in the House. As a result, the government realized that there might be a problem. The minister often quoted the Neufeld report in his answers in the House. He used the report to support an argument contrary to what the report was actually saying. It became clear that he was hurting his own party. Earlier, I listened to what the member for Toronto—Danforth said. I agree with him.

Some members likely exerted pressure within the government caucus. Others shared their opinions anonymously. This led the minister to change his position and make some amendments. I believe that 45 amendments were proposed in the Standing Committee on Procedure and House Affairs.

All of these amendments were accepted by the government majority. However, approximately 150 amendments were proposed by members of the committee belonging to the opposition parties. I believe that only one of those amendments was accepted and it was a small amendment regarding a technical error in the bill. All of the other amendments proposed by the opposition parties were rejected. Members of NDP, the Liberal Party, the Bloc Québécois and the Green Party, as well as independent members, consulted their own constituents. Canadians reacted very strongly, so these members tried to amend the bill so that the unacceptable provisions would not be included in the Canada Elections Act.

Of course, amendments were made. I agree with what has been said. The bill has been improved somewhat, but not enough. That is where things stand today. Yesterday evening, we voted for two hours. That whole time, the government majority systematically rejected all the other amendments, even though many of those amendments made a lot of sense. They would have strengthened the Canada Elections Act and Canadian democracy. They would have protected Canadians' rights. Those amendments were not accepted.

Other troubling incidents have occurred throughout the process. Sheila Fraser, the former auditor general of Canada, made a rather strong statement. She said:

“...it really is an attack on our democracy....”

The government's reaction was vicious. The Conservatives accused Ms. Fraser of being a spokesperson for Elections Canada and of being paid to say what she did. However, she earned the respect of all Canadians during her 10 years as auditor general of Canada. She did a remarkable job that affected all of us, as a government. I really must commend the work she did as Canada's auditor general. She has a great reputation, yet the government, or some of its spokespersons, were quick to try to destroy her reputation. It really is unbelievable. There is clearly a problem when something like that happens.

The government may well have realized that resistance was mounting when they saw how the Senate would react, in advance of the study of the bill. They heard fairly strong comments from their own senators, who said that certain amendments would be appropriate. That is how we got to where we are now.

I would also like to point out that it was at that point that the government was quick to introduce a time allocation motion: the guillotine. At that time, we were just beginning to perhaps see, or hope to see, some openness to make this bill acceptable to Canadians and to parliamentarians. However, the government said no, that it was done and that we had to vote. There would be one day of debate at the report stage, which was yesterday, one day for third reading, which is today, and it will be over tonight.

I certainly intend to support the motion of the hon. member for Toronto—Danforth, seconded by his colleague from Sudbury, not to go ahead with this bill and pass it because I think that passing it would be a step backward, not forward, as the minister claims.

There is a list of proposed amendments, which are correct, but also a list of shortcomings in the bill that still does not recognize voter cards as a piece of identification. It is only recognized as proof of address. Voters can use it if they have someone there with them, but that is not always the case.

Elections Canada's role is seriously limited. It is unacceptable to separate the Chief Electoral Officer and the commissioner by sending the commissioner to a government agency where he will lose the independence of being an officer of Parliament.

Increasing the limit for contributions to political parties, just like the $25,000 contribution, I believe, that candidates can make to their own campaigns, is good for the wealthiest people in our country.

That is not a direction the government should be heading in. On the contrary, I do not think anything should be changed, unless the limits are reduced. Yes, that is challenging for political parties, but it forces them to open up to the public and encourage people to get involved in and contribute to their movement. That strengthens democracy and makes people feel like they are living in a country where their voices make a difference. I wish the limits had not been increased, but that is what will happen.

There is another thing that is really bothersome. Elections Canada has, over the years, developed a fabulous international reputation. I have had occasion to travel in a number of countries, Africa in particular, where there are electoral commissions.

These temporary or permanent electoral commissions are rather clumsy, poorly organized and highly controlled by governments.

These bodies are problematic, and the people rely quite a bit, when they have elections, on external bodies, and I have heard about Elections Canada's fabulous reputation in terms of going there to help.

Under the former chief electoral officers, Mr. Kingsley and Mr. Hamel, Elections Canada was able to build a solid reputation over the decades. However, if the bill before us today is passed by the House and the Senate and receives royal assent, it is a step backward. This will weaken Elections Canada and its ability to ensure that the electoral process is sound and transparent. This agency is supposed to be independent and report to the House, not the government. The agency has the ability to enforce legislation and, when that legislation is violated, to conduct investigations and impose penalties. The agency is asking for investigative powers, which it will not have, to maintain its reputation.

If this bill is passed, I think the government is going in the opposite direction and taking a step backward. This will weaken Elections Canada and its national and international reputation. It blows me away to see a government do this.

This was one of my responsibilities when I was a minister. We made a minor change to the criteria for redistributions. To make this change, I consulted with the officers of Parliament and with the opposition parties. That is how we went about amending the Elections Act. We did not go about it in a cavalier fashion as we are seeing today. The minister misinterpreted a report and made claims that were the opposite of what the report said. He made some amendments only because he was forced to do so, but he rejected all the other amendments presented by the opposition.

I hope that some of their members will heed the call to vote against this bill and that it will not become law.

Fair Elections ActGovernment Orders

May 13th, 2014 / 11:40 a.m.


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NDP

Sylvain Chicoine NDP Châteauguay—Saint-Constant, QC

Mr. Speaker, I also want to thank my colleague for his speech.

He spoke about a number of egregious aspects of this bill. We must remind Canadians that this is the first time in Canadian history that a party in power is forcing through a democratic reform bill that opposition parties and civil society do not want. The government's actions with respect to this electoral deform are quite simply disgraceful.

This bill is disgraceful because it will suppress the vote of people who are not partisan, such as seniors, students and aboriginal people. The government is trying to prevent them from voting by refusing to allow them to use the voter card, which is ridiculous. Nothing is being done to promote democracy or to encourage Canadians to get out and vote. At the same time, the government is encouraging shameful and undemocratic practices such as robocalls, which served to irritate voters and discourage them from voting.

This bill will not do anything to support the Chief Electoral Officer in his investigations. On the contrary, it will give him fewer powers. I would like to hear what my colleague thinks about that, since the party will be able to continue to cheat, as it did before, without being bothered by the Chief Electoral Officer, since he will not have the powers to investigate fraud.

Fair Elections ActGovernment Orders

May 13th, 2014 / 11:40 a.m.


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Liberal

Mauril Bélanger Liberal Ottawa—Vanier, ON

Mr. Speaker, the lure of power is very strong. When you have power, you want to hold on to it.

However, in a democracy, there are limits to what you can do to hold on to power. Over the past few elections, we have seen the systematic introduction of mechanisms and strategies to reduce voter turnout. This trend started in the United States with the Republicans. I guess it was imported to Canada to see if it could work here, along with the politics of division.

Unfortunately, it seems to be working because the Conservatives used certain methods to discourage people from voting and cause confusion. It is absolutely imperative that an independent agency, namely Elections Canada, which reports to the Parliament of Canada, maintain all its powers and be able to seek more. In fact, it asked for the power to compel witness testimony, which it is not being given. If Elections Canada is not getting the power it needs and is losing its independence, then we are heading in the wrong direction.

Fair Elections ActGovernment Orders

May 13th, 2014 / 11:40 a.m.


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NDP

Francine Raynault NDP Joliette, QC

Mr. Speaker, I thank my colleague for his speech.

By the way, I have been voting for decades and I have never received two voter cards in the mail. The bill would prohibit the Chief Electoral Officer from implementing public information programs. That bothers me because when we inform the public about bills and government measures, then the public is in a position to criticize the way the public good is managed.

What does my colleague think of the fact that the Chief Electoral Officer can no longer inform the public? I think this is dangerous because people will no longer get all the information they need to vote.

Fair Elections ActGovernment Orders

May 13th, 2014 / 11:40 a.m.


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Liberal

Mauril Bélanger Liberal Ottawa—Vanier, ON

Mr. Speaker, if I understand the meaning of the bill correctly, the only information that Elections Canada will be able to give the public is information about when elections will take place, where people can go to vote, and what they need to be able to vote.

Elections Canada is losing its freedom to encourage Canadians to vote, which is what it has always done. It encouraged young people of all ages, not just students, to vote. That kind of activity had a positive impact. Now Elections Canada will no longer be able to do it. If I understand correctly, it will now have to restrict such activities to students in elementary and secondary schools. It will not be allowed to encourage young people, seniors, aboriginal people and others, including homeless people, to vote. This is a step backward.

An organization like Elections Canada had the power to encourage Canadians to exercise their fundamental right to vote, but now it will no longer be able to do that. Why? We have asked this question but have never received an answer. Elections Canada should definitely be able to keep playing this role.

Fair Elections ActGovernment Orders

May 13th, 2014 / 11:45 a.m.


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NDP

Matthew Kellway NDP Beaches—East York, ON

Mr. Speaker, one of the amendments NDP members of the committee studying this bill put forward at committee was to insert a provision in the fair elections act to allow for the study of proportional representation systems that would ensure that every vote of every Canadian counted in an election.

Unfortunately, the Liberal member of that committee voted down that proposed amendment. I was wondering if our friend could explain why the Liberals voted against an amendment to study proportional representation.

Fair Elections ActGovernment Orders

May 13th, 2014 / 11:45 a.m.


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Liberal

Mauril Bélanger Liberal Ottawa—Vanier, ON

Mr. Speaker, I will have to talk to that member to see why he did. I do not know. I will find out.

However, for the information of my colleague, he should know that the position of our party is indeed that when we form a government, proportional representation is one of the things we will look at very seriously. I, for one, have always supported an element of proportionality in our electoral system, not full proportionality but an element of proportionality. I have said that publicly before. I have had great discussions with Mr. Broadbent on this, and I would love to have the same discussion with that member, should he so desire.

Fair Elections ActGovernment Orders

May 13th, 2014 / 11:45 a.m.


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NDP

Djaouida Sellah NDP Saint-Bruno—Saint-Hubert, QC

Mr. Speaker, I listened closely to my colleague's speech. I have a very simple question.

In Quebec right now, in proceedings like the Charbonneau commission, people are fighting for more transparency around political party funding. However, the Conservatives have changed the rules in their own favour using the reform we are now debating.

I would like my colleague to comment on the influence of money in politics.

Fair Elections ActGovernment Orders

May 13th, 2014 / 11:45 a.m.


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Liberal

Mauril Bélanger Liberal Ottawa—Vanier, ON

Mr. Speaker, I have always been in favour of limiting the influence of money in politics, be it corporate money or big union money.

Mr. Chrétien's government introduced a public funding formula for elections that was based in part on the formula introduced in Quebec by Mr. Lévesque. I supported that formula, and I still do, but the government is using its majority to eliminate it.

First the Conservatives lowered the limits, and now they are using the bill before us to raise them. Why? Are they doing it because the opposition parties, the Liberals and the NDP, are starting to catch up to them? Our fundraising efforts are going really well right now. We actually have more donors than the Conservatives. Is that why they decided to raise the limits? We will see.

Still, to answer my colleague's question, I think we definitely have to limit the influence of money on the electoral process.

Fair Elections ActGovernment Orders

May 13th, 2014 / 11:50 a.m.


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Glengarry—Prescott—Russell Ontario

Conservative

Pierre Lemieux ConservativeParliamentary Secretary to the Minister of Agriculture

Mr. Speaker, I will be splitting my time with the member for Lanark—Frontenac—Lennox and Addington.

It is a privilege for me to rise in the House to speak to the importance of the fair elections act, also known as Bill C-23. Today I will be focusing on the important measures taken by our government to protect democracy and to ensure the integrity of the voting process as well as on our commitment to combatting big money and minimizing the possibility of fraudulent voting.

We are very fortunate as Canadians to be able to exercise our right to vote through our democratic system. Sadly, in many countries, the voices of their citizens are frequently stifled by dictatorships and/or communism. We often hear news of fixed or rigged election results in these countries, which result in civil unrest, division, and violence. This is why our government fully commits itself to protecting the core Canadian values of democracy, fairness, accountability, and transparency through the fair elections act.

Our Conservative government is focusing on the Canadian value of democracy and it will continue to do so.

I believe that the bill will strengthen the integrity of the voting process. We continue to build on our record and, under the leadership of our government, we have taken action and introduced the best measures to protect and improve the electoral system. Complicated rules result in unintentional breaches and discourage ordinary people from taking part in democracy. That is why the fair elections act will make election rules more clear, predictable and easy to follow.

In order to follow the rules, parties must know what they are. The fair elections act will ensure that they know what they are by requiring the Chief Electoral Officer to take appropriate action. To ensure that the laws reflect the reality of the overall election process, an advisory committee of political parties would be created through legislation. It would be composed of the Chief Electoral Officer and two representatives of each registered political party.

The role of the committee would be to ensure that the views of the parties represented are considered in administering the election laws. Its mandate would be to provide useful advice and comments on any administrative or legislative issue related to the law or the administration of elections by Elections Canada.

The bill establishes that the committee's advice and recommendations are not binding on the Chief Electoral Officer. It should be noted that Elections Canada would have the power of final interpretation, but that the committee would safeguard the independent administration of elections. The committee would examine the Chief Electoral Officer's interpretations and suggest improvements when necessary.

However, we should understand that there is no perfect election system. Even though Canada has a particularly solid democracy, there are always things that can be improved. We believe that the measures I have just mentioned will help fine-tune the system.

Our government continues to take action when it comes to improving our voting system. In light of accountability and transparency, the fair elections act would help combat big money to encourage small donations and to eliminate taxpayer-funded handouts. This would also keep special interest groups, such as unions or individuals with deep pockets, from drowning out the voices of everyday citizens.

We believe that political parties should interact and engage with the public to advocate their cause, to be meaningful to Canadians, and to seek their financial support. This means that political parties and candidates need to be engaged, committed, and most importantly, relevant to Canadians so that they will make contributions from their own hard-earned money.

Political parties need to do their own fundraising and utilize resources at their disposal to encourage individuals to come out to vote. That seems like a win-win to me. As MPs who hold public office, we have a responsibility to keep ourselves and those around us accountable.

All of us here must lead by example come election time. The spending limit, although increased by our government from $1,200 to $1,500, would help political candidates do just that. Along with ensuring accountability, this spending limit would allow Canadians to make meaningful contributions to the parties they support.

Although I appreciate and listened to the views and concerns of the members opposite on the matter of vouching, it is my opinion that they do not understand that the majority of Canadians agree with our position that a person must show identification to vote.

I can assure this House that we are committed to strengthening our voting process and procedures. We will take the necessary action to reduce high levels of irregularities, which have been noted in studies, resulting from a process known as vouching.

It is indeed reasonable to ask people to produce identification prior to their casting a vote. When Canadians pick up a parcel at a post office, they are asked to produce a valid piece of ID. When Canadians embark on a plane, they are asked to produce a valid piece of ID. When Canadians set up new bank accounts at banks, they are asked to produce a valid piece of ID.

My point is that if one requires a piece of ID for many day-to-day dealings and activities, it is entirely reasonable that one would produce a piece of ID to prove one's identity to vote. What the opposition clearly does not understand is that Canadians agree that this is, indeed, entirely reasonable.

Our government has made the process simple, accessible, and clear for Canadians. There are currently 39 forms of authorized ID to choose from to prove identity and residence. I will not go through the list, for the sake of time, but I can assure members that it is extensive. That there are 39 forms of approved identification facilitates the ability of Canadians to show who they are.

What the members of the NDP and Liberal Party need to do is lay aside their ideological opposition to the fair elections act and a matter such as this and instead recognize that the measures are fair and reasonable and are considered to be so by Canadians.

To conclude, I would like to express my unwavering support for this bill. It is a remarkable initiative, especially when we consider that no one other than the Conservative government could achieve such an objective. Moreover, we worked with opposition members and, as a result, we made amendments to an already solid bill. We then introduced the improved version.

This bill will simplify our voting system and will protect Canadians from abuse of campaign donations—big money—and fraudulent phone calls. Our government is committed to protecting core Canadian values by applying this law. Unfortunately, the NDP and Liberals have always voted against these important initiatives.

As an MP, I often think about the importance of democracy in Canada. I sincerely believe that this bill is firmly based on the idea of an accountable, transparent and impartial democratic system for this country. I invite opposition members to join with us in supporting the bill, which is designed to defend our democratic system and improve the voting system.

Canadians want accountability, transparency, and fairness. This is what we are delivering through the fair elections act.

Fair Elections ActGovernment Orders

May 13th, 2014 / 11:55 a.m.


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NDP

Marjolaine Boutin-Sweet NDP Hochelaga, QC

Mr. Speaker, last week, I was at an event in my riding: the opening of a place called Dopamine. Many of the people who go there are homeless. There are many reasons for homelessness, including addiction. This community organization offers a service to help homeless people obtain ID cards.

I asked people in the organization whether that is an easy or difficult task, and they said that in order to get an ID card, you need ID. It takes months. There are a lot of hoops to jump through, and it is very difficult. That means that we are taking the right to vote away from a growing segment of society, the homeless. They are already disadvantaged. Now, democracy could not care less about them. Many of them will not have the right to vote because they will not be able to get ID cards.

In addition to all of that, those who look after the homeless in places like Dopamine will not be able to vouch for them because they do not have the same address. Earlier, the minister said that it has to be someone who lives in the same polling division. A person who is helping the homeless does not necessarily live in the same area, so the homeless are literally left out on street once again.