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. The Library of Parliament often publishes better independent summaries.

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

February 10th, 2014 / 1:50 p.m.
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Conservative

The Acting Speaker Conservative Bruce Stanton

Before we go to resuming debate with the hon. member for Ottawa—Orléans, I will let him know that we have about eight minutes remaining in the time allocated for his remarks.

The hon. member for Ottawa—Orléans.

Fair Elections ActGovernment Orders

February 10th, 2014 / 1:50 p.m.
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Conservative

Royal Galipeau Conservative Ottawa—Orléans, ON

Mr. Speaker, first I would like to take the time that you have generously given to me to say two words that we do not hear often enough in this chamber: “thank you”.

It is with humility that I would like to thank the members of Parliament and the House of Commons staff for all their kind words of encouragement over the past few weeks and months.

I wish to say a very special thank you to the members for Barrie, Brant, Burlington, Don Valley East, Kitchener—Conestoga—right here behind me—Lambton—Kent—Middlesex, Mississauga South, Okanagan—Shuswap, Sarnia—Lambton, my seatmate, Saskatoon—Humboldt, Scarborough Centre, Stormont—Dundas—South Glengarry, Vancouver South, Willowdale, and Winnipeg South Centre, and to the very dedicated vice-chair of the veterans affairs committee for carrying my duty in this chamber and in committee.

Also, thank you to the citizens of Orleans and my friends and family for their visits, their encouraging words and their prayers. Their support and assistance has helped me to feel better and to get better. I thank them from the bottom of my heart.

Even in the most difficult times, I made an effort to be in this House and to vote, as it is our duty to do. Voting is a fundamental Canadian right. It is a symbol of our identity. It is the oxygen that keeps our democracy alive.

In many countries, much blood has been spilled and many diplomatic efforts have been made to establish democracy and the right to vote. It is our way of saying yes or saying no to the type of society that we want to build. Canada is a model of modern democracy around the world.

Developing democracies call on Canadians when they want to ensure that their elections are free and fair. Our sense of duty and our expertise give us international credibility in election monitoring.

Between 2009 and 2013, the Canadian International Development Agency, with the assistance of CANADEM, deployed more than 800 Canadian election observers in bilateral missions and 30 multilateral missions in more than 20 countries.

These observers went to Haiti, Afghanistan, Ukraine, Mozambique, Ethiopia, Senegal, and many other nations.

Because I participated in one of these missions, I have a keen interest in this subject.

In 2004, I was assigned by CANADEM to the Organization for Security and Co-operation in Europe to co-chair a team of international observers during the rerun of the second round of the presidential elections in Ukraine. The other co-chair was a Swiss engineer. We were sent to Dnipropetrovsk.

It was an exhilarating experience. I was able to see first-hand that Canada is synonymous with democracy and freedom. However, that which does not evolve is doomed to disappear. We can continue to be proud. We can continue to improve things.

We will continue to be a model of democracy around the world only if we allow democracy to evolve. The separation of powers is a basic component of our system.

Consistent with separating the administration of the law and its enforcement, the fair elections act proposes that the commissioner be under the authority of the Director of Public Prosecutions.

In a hockey game, would we ask the owner of the Ottawa Senators to referee a game between the Sens and the Canadiens?

Our Minister of State for Democratic Reform said it well: the referee should not be wearing a team jersey.

Canada's government, which I support in this House, proposes that greater independence be given to the person with the power to conduct investigations and enforce the law.

The fair elections act will make our legislation more stringent, clearer and easier to follow.

It would protect Canadian voters from fraudulent and misleading calls by setting up a mandatory public registry. We want to establish a new public registry for mass calling.

Telephone service providers involved in voter contact calling services, and any individual or group that uses these providers would have to register with the CRTC.

We also propose that the fines for preventing or trying to prevent someone from voting be 10 times higher. Under this legislation, anyone convicted of impersonating an election official would face a jail term. These penalties would be more severe for individuals who deceive people out of their votes.

According to the Neufeld report, identity vouching procedures are complicated and have a 25% error rate. That is one in four. This problem is threatening our democracy, and we must take action, and so we propose to put an end to vouching.

The fair elections act would also require Elections Canada to tell Canadians which pieces of identification will be accepted at the polling station so that they know what to bring with them.

Thirty-nine different pieces of ID can be used to prove a voter's identity.

In addition, the voter information card would no longer be considered valid identification.

Elections Canada must also inform voters which pieces of ID are valid and would be accepted at the polling station. These cards contain incorrect information one out of six times.

The show Infoman highlighted the problems with voter information cards during a segment called the “Elections Canada two-for-one special”.

To prevent the more powerful elements in our society from drowning out citizens’ voices, we would ban the use of loans to sidestep donation regulations.

Some people have used unpaid loans to evade donation limits and make larger donations.

As elected representatives, we must stay clear of this type of pressure.

That is why we insist on standardized and transparent reporting for political loans.

In addition, candidates and political parties that have exceeded the ceiling on election expenses, would see their reimbursements reduced, and we would maintain a total ban on loans by unions and businesses.

I am pleased to say that Marc Mayrand, the current Chief Electoral Officer, lives in Orleans, as does his predecessor, Jean-Pierre Kingsley.

While Mr. Mayrand does not seem to support this brilliant bill produced by the Minister of State for Democratic Reform, his predecessor appears to. Mr. Kingsley gave it an A minus, indicating that it is a good bill.

When I received an A minus, I did not ask for a rewrite—

Fair Elections ActGovernment Orders

February 10th, 2014 / 2 p.m.
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Conservative

The Acting Speaker Conservative Bruce Stanton

The member's time has expired. The hon. member for Ottawa—Orléans will have two minutes to wrap up his speech when the House resumes debate on this motion.

We will now proceed with statements by members.

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 ActGovernment Orders

February 10th, 2014 / 3:30 p.m.
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Lotbinière—Chutes-de-la-Chaudière Québec

Conservative

Jacques Gourde ConservativeParliamentary Secretary to the Prime Minister

Mr. Speaker, I am pleased to rise today to speak in support of Bill C-23, the fair elections act.

The bill proposes a substantial reform of many basic aspects of our elections act. Moreover, it contains measures aimed at giving investigators more powers, measures to protect voters from rogue calls, measures aimed at protecting politicians from the corrupting influence of big money, measures to combat election fraud and measures to ensure predictable application in line with the rules in the elections act. These are very important measures.

However, today I would like to highlight the aspects of the bill that provide better service to voters. As we are all aware, there has been a significant drop in voter turnout in the last 30 years. This is a serious problem that could threaten our democracy.

In fact, the legitimacy of our democracy depends on the fact that Canadians choose their government through free and fair elections. We must try to stop the drop in voter turnout and encourage people to vote so that we can protect our democracy.

I am pleased to see that the government has answered the call with this bill and that it is proposing measures designed to increase access to voting. Indeed, one measure in the fair elections act adds another day to advance polling: the eighth day before polling day, a Sunday. This will make for a continuous block of advance polling days, from Friday to Monday in the week before the election. The measure will lead to real results.

Studies done by universities and by Elections Canada show that the most common reason that people do not vote is that they do not have an opportunity to go to a polling station. Our modern lifestyle is increasingly hectic and it is often difficult to find the time to vote. During the 2011 election, more than 2 million Canadians exercised their right to vote at advance polling stations. This clearly shows that, if people are given the opportunity to vote, they will do so.

I am also pleased to see that thefair elections act proposes measures designed to eliminate congestion at polling stations. When voters come to polling stations, the very least we can do is to make sure that they can vote quickly and efficiently. I note that the bill follows up on a recommendation in the Chief Electoral Officer's report after the 40th general election. It provides for the appointment of additional election officers in order to reduce congestion at polling stations.

At the risk of repeating myself, everything must be done so that the voting process at polling stations moves quickly. More election officers in busy polling stations will make for a better voting process.

I also understand that election officers at polling stations will be able to spend more time serving voters, since the bill will eliminate the need to swear in candidates' representatives at each polling station they are responsible for in an electoral district.

With fewer oaths to administer, election officers will be able to let voters cast ballots more quickly, without interruptions. Furthermore, the bill will require candidates, parties and riding associations to submit the names of individuals who have the skills required to perform the duties of election officers earlier in the electoral period.

Right now, the names must be submitted no later than the 17th day before polling day, but in future they will need to be submitted a week earlier, no later than the 24th day before polling day.

This reform is important, because those people can be trained earlier and will have more time for their training. A better trained election officer will be able to make sure that the voting process is more efficient and quicker.

I am sure that a more efficient voting process will enable voters to cast ballots despite the pressures of their daily obligations.

Finally, I am happy to see that the fair elections act will require the Chief Electoral Officer to focus his communications on voters in order to provide them with the information they need to be able to vote. The Chief Electoral Officer will be required to provide information on how to vote, including the times, dates and locations for voting.

The Chief Electoral Office will also be required to provide voters with disabilities with information on the measures designed to help them exercise their right to vote. Everyone with special needs must know about the help that is available to them.

The fair elections act emphasizes the importance of making this information accessible to voters.

To conclude, I would once again like to voice my support for Bill C-23. The fair elections act will ensure that voters are better served when they go to the polling stations.

Given that the first duty of any Canadian citizen is to exercise their right to vote, and for all the reasons mentioned earlier, I urge my colleagues on both sides of the House to support Bill C-23 at second reading.

Fair Elections ActGovernment Orders

February 10th, 2014 / 3:35 p.m.
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NDP

Pierre-Luc Dusseault NDP Sherbrooke, QC

Mr. Speaker, I would like to thank the hon. member for his speech. He elaborated on various measures included in the bill, but seems to have avoided a few of them.

For that reason, I would like to ask a question about one of the measures, namely the fact that election spending will not include money raised when a third party is hired to fundraise from existing donors who have donated more than $20 over the previous five years. If the bill is passed as-is, collecting funds from those donors during an election campaign will not be included as part of election campaign spending.

Generally speaking, legislators will try to address an issue by proposing amendments to an existing law. I am wondering what the issue was here and why the Conservatives are proposing these amendments, which would mean that funds raised through existing donors would be excluded from election campaign spending.

Fair Elections ActGovernment Orders

February 10th, 2014 / 3:35 p.m.
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Conservative

Jacques Gourde Conservative Lotbinière—Chutes-de-la-Chaudière, QC

Mr. Speaker, this measure will allow every candidate from every party to focus on the election campaign with the funding required to do so.

Fair Elections ActGovernment Orders

February 10th, 2014 / 3:35 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, it is interesting to note that both the Chief Electoral Officer and the commissioner both asked for the authority to compel evidence by going through a judge. This is not a big ask. There are a number of provinces that have that ability, and their independent elections officers do not have to go through a judge.

The question I have for the government is this. Given the importance of this issue, allowing Elections Canada and the commissioner to compel testimony would have gone a long way in resolving many of the outstanding issues we have today in areas such as robocalling and so forth. Why did the government completely ignore that recommendation?

Fair Elections ActGovernment Orders

February 10th, 2014 / 3:35 p.m.
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Conservative

Jacques Gourde Conservative Lotbinière—Chutes-de-la-Chaudière, QC

Mr. Speaker, I would like to thank the hon. member for his question. I invite him to work with the parliamentary committee, with the government, on this issue in order to find a solution.

Fair Elections ActGovernment Orders

February 10th, 2014 / 3:40 p.m.
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NDP

Pierre-Luc Dusseault NDP Sherbrooke, QC

Mr. Speaker, I would like to ask my colleague a supplementary question. Another measure in this bill increases donations that can be made to a registered political party from $1,200 to $1,500. Candidates will be able to contribute up to $5,000 to their own campaign, up from $2,200. That amount goes as high as $25,000 for leadership races.

I would like to ask my colleague what motivated this change, this increase in donations that can be made to political parties. In the various jurisdictions, the current trend is to lower those amounts, particularly in Quebec, where my colleague's riding is located. Generally speaking, donations to political parties are being lowered to minimize the chances that candidates and political parties will be influenced.

Why did they increase contribution limits while most other jurisdictions are currently lowering them?

Fair Elections ActGovernment Orders

February 10th, 2014 / 3:40 p.m.
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Conservative

Jacques Gourde Conservative Lotbinière—Chutes-de-la-Chaudière, QC

Mr. Speaker, I thank my colleague for his very interesting question.

Our bill will eliminate cash loans to candidates for party leadership races and under other circumstances. We are talking huge amounts of money. Increasing the contribution limit for Canadian citizens from $1,200 to $1,500 may offset that.

I would like to point out that candidates nominated at the last minute do not always have time to raise enough money to kick off an election campaign.

Once we raise the limit for all candidates, they will be able to work and run an honest election campaign that is fair to other candidates in the same riding.

Fair Elections ActGovernment Orders

February 10th, 2014 / 3:40 p.m.
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Liberal

Joyce Murray Liberal Vancouver Quadra, BC

Mr. Speaker, I am pleased to make a few comments about Bill C-23, which is before the House, unfortunately, for far too short a time for debate, thanks to the closure motion put forward yet again by the government.

Conservatives are acting as though issues of democracy and the very way we elect our representatives in Canada are not important issues. They are acting as though the kind of detail and complexity of a bill of over 200 pages can be commented on, debated, and discussed in literally a few hours. Unfortunately, that is symbolic of the cynicism that underpins the bill and some of the very concerning elements that are in it.

I would like to start by talking about the importance of democracy to Canadian citizens. I was reminded of that in my constituency of Vancouver Quadra, not just this past weekend, where I had organized several events to engage with voters, but the previous weekend, where I had organized a town hall on the subject of democracy. One might think this is a topic for academics or a handful of people who are interested in theories around our electoral system and political framework in Canada, our democracy. In fact, at the town hall that I hosted 10 days ago, 200 people turned out. We were not able to fit everyone in; we were not able to provide chairs for everyone.

What I heard again and again, and what I have been hearing in Vancouver Quadra, is that this is one of the key concerns that voters have today about the direction the Conservative government and Conservative Prime Minister are taking Canada. There are many other concerns as well. There are the kinds of breaches of trust with Canadian citizens when environmental regulatory frameworks are virtually eliminated with the stroke of the pen, in a way that is misrepresented to the public. I could list many of the changes that the Conservatives have made, including to the Navigable Waters Protection Act, the Environmental Assessment Act, and others.

That is a concern to people in Vancouver Quadra. There are also issues around immigration policy. There are issues around access to employment insurance. There are issues around government spending on advertising that crosses the line into partisan advertising. This is advertising done to advantage the Conservative Party and Conservative government, but using taxpayer dollars. There is a huge range of issues that concern people in my constituency in Vancouver Quadra. However, underpinning those is the erosion of democracy. That is what I hear about time and time again.

For example, the government cancelled the mandatory long form census, with a supposed explanation that there was an invasion of privacy, while at the same time the government brushed off concerns around the collection of metadata and the tracking of people's movements through their devices that are using Wi-Fi. The government brushed off concerns of that invasion of privacy, an invasion that the Ontario Privacy Commissioner Ann Cavoukian considers to be very dangerous for the future of our democracy and takes Canada down a totalitarian path.

It is these concerns about democracy that I hear again and again.

The other changes being made are also being made in a way that is anti-democratic.The more we shrink our democratic principles in Canada, or the more the Conservative government shrinks access to true, open, and accountable democracy, the more it is able to rush through omnibus budget bills that have major policy changes embedded in them without the ability of members of Parliament to adequately debate them, and without adequate public consultation or respect for the concerns of the public.

Bill C-23 is focused on the issue of democracy and, unfortunately, is a further erosion of our democracy. Bill C-23 is an opportunity for the government to strengthen some of the fundamentals of our democracy through our electoral processes, in a way that would be non-partisan and could be respected and appreciated by Canadians. It could begin to reverse the increasing reputation of the Conservatives for their dictatorial and highly partisan actions on behalf of their voters and to the detriment of our democracy. This is an opportunity to address that distressing tendency of the government, and it has failed to take it.

I want to confirm that there are several minor provisions in the bill that the Liberals do support.

In a unanimous ruling, the Supreme Court of Canada found that the ban on transmitting election results before polls close infringes on freedom of speech. The fair elections act will repeal that ban and ensure respect for freedom of speech.

Having a limit on early election results is not practical, and eliminating that necessity is a positive.

The bill also provides an extra day of advance polling. This change will give Canadians four days to vote in advance polls.

Having one more early advance voting day is positive. Again, it is minor.

For almost two years now, the Conservatives have been promising a bill to reform the Canada Elections Act. Instead, they have torpedoed reform by gutting the enforcement provisions.

That is damning. The Chief Electoral Officer, who was appointed by the Conservative government itself, has called the bill an affront to democracy. That is a very strong statement, by someone who is not given to partisan statements. Canadian citizens need to stand up and take notice. It is an affront to democracy, rushed through by the Conservative government to reinforce its benefit and partisan gain.

What are some of the principles we need to consider here?

First is voter participation, which is important in a democracy, and access for all Canadians to the right to vote. Second is respecting the rules; in other words, no cheating. For that, we need effective compliance and enforcement. Third is non-partisan party input.

This bill has undermined all of the principles I have just mentioned. It is intending to suppress voters by making it more difficult for 4% of Canadians who have the right to vote but may not have the kind of photo ID that would be necessary. It would marginalize remote first nations reserve residents, the poorest Canadians, and seniors who no longer have a driver's licence and might not have a passport. This bill is making these things worse.

On the topic of respecting the rules and no cheating, I have a laundry list, which I will not be able to get to, of all of the cheating that has been done by the Conservative Party and its members. This would be an opportunity to plug the loopholes.

Bill C-23 is going to make compliance and enforcement much more difficult. It makes it much more partisan.

It is a shocking and shameful bill that the government is putting forward. I would call it the “voter suppression with impunity” bill. We need to see changes to this bill at committee.

Fair Elections ActGovernment Orders

February 10th, 2014 / 3:50 p.m.
See context

Scarborough Centre Ontario

Conservative

Roxanne James ConservativeParliamentary Secretary to the Minister of Public Safety and Emergency Preparedness

Mr. Speaker, I listened to the member's speech, and I am a little shocked that the Liberal Party would call this bill “voter suppression”.

If the member is referring to the requirements that voters should be Canadian, should live within the riding they are voting in, and that they should vote only once, then so be it.

I want to talk about the Liberal Party for just a moment, and the statistics of elections in the past. My riding is Scarborough Centre. In 2007, the Conservative government brought in a bill that disallowed people who had only the white voter card from voting. We have heard stories about people just picking the cards up in apartment buildings and voting.

I want to make a point. In Scarborough Centre, in 2006, before that legislation and, after the legislation, in 2008, the actual Liberal vote in Scarborough Centre dropped by over 5,000 votes. In Scarborough—Agincourt, it dropped by 5,000 votes; in Scarborough—Guildwood, it dropped by almost 4,000 votes; in Scarborough Southwest, it dropped by over 4,000; and in Scarborough—Rouge River, which was rampant with allegations of fraud in the last election in 2011, in the 2008 election, after we implemented legislation to stop voter fraud, the Liberal Party vote dropped by over 6,000.

I just want to bring this to the attention of the Liberal Party. When the member talks about allegations of fraud or things like that going on, it is the Liberal Party that is probably the most concerned about this legislation because in fact, proven by historical records, it is their party that is being fraudulently supported.

Fair Elections ActGovernment Orders

February 10th, 2014 / 3:50 p.m.
See context

Liberal

Joyce Murray Liberal Vancouver Quadra, BC

Mr. Speaker, the member has just pointed out that the Liberal Party vote has dropped. There is actually a direct connection with the kind of anti-democratic, hostile, negative, and untrue attack ads the Conservative Party has been pioneering on Liberal Party leaders between elections.

This is another aspect that shows a lack of principle by the Conservative Party. I would also like to mention that in my riding of Vancouver Quadra, I was aware, a few days before the election, that calls were coming in to those constituents who had been identified by the Conservative callers as Liberal voters.

These constituents were receiving harassing phone calls late at night and on weekends by people identifying themselves as Liberal callers, but when we checked those call numbers, we found that they were from a call centre in the United States that was later found to be tied to the very fraudulent voter suppression calls made through the Conservative Party database.

Fair Elections ActGovernment Orders

February 10th, 2014 / 3:55 p.m.
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NDP

Pierre Nantel NDP Longueuil—Pierre-Boucher, QC

Mr. Speaker, I would like to congratulate my colleague from Vancouver Quadra on her speech.

I doubt that there is anyone in a better position than we in the House to get more information on what people think about spending limits for leadership races.