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 / 4:35 p.m.
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Conservative

Laurie Hawn Conservative Edmonton Centre, AB

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

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

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

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

Fair Elections ActGovernment Orders

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

Pierre-Luc Dusseault NDP Sherbrooke, QC

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

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

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

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

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

Fair Elections ActGovernment Orders

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

Judy Sgro Liberal York West, ON

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

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

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

Fair Elections ActGovernment Orders

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

Pierre-Luc Dusseault NDP Sherbrooke, QC

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

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

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

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

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

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

Fair Elections ActGovernment Orders

February 10th, 2014 / 4:40 p.m.
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Mississauga—Brampton South Ontario

Conservative

Eve Adams ConservativeParliamentary Secretary to the Minister of Health

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Fair Elections ActGovernment Orders

February 10th, 2014 / 4:50 p.m.
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NDP

Laurin Liu NDP Rivière-des-Mille-Îles, QC

Mr. Speaker, unfortunately, the NDP cannot support this bill, and one of the reasons is that it will prevent thousands of Canadians from exercising their right to vote. Furthermore, it diminishes the Chief Electoral Officer's powers. I read the bill very carefully and I would like to point out a problem I found: the Chief Electoral Officer will have to seek Treasury Board approval before hiring technical experts. As we know, the Chief Electoral Officer occasionally hires external companies to conduct investigations or to write reports. Having to ask for Treasury Board approval means that the government will be interfering in the work of an officer of Parliament, and I see that as problematic.

I would like to ask my hon. colleague why she did not support the NDP motion to give the Commissioner of Canada Elections the power to compel testimony and the ability to order the release of financial documents. That motion would have increased the commissioner's powers, which would have boosted Canadians' confidence in the electoral system. Why did she not support the NDP motion?

Fair Elections ActGovernment Orders

February 10th, 2014 / 4:50 p.m.
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Conservative

Eve Adams Conservative Mississauga—Brampton South, ON

Mr. Speaker, I thank the member for that wonderful question.

The bill before us is rather comprehensive. My hon. colleague indicated that it disenfranchises a number of voters. I have looked through this bill rather thoroughly, and it certainly does not do that.

In fact, it seeks to ensure that people can come out and vote. As I indicated, it adds an additional day of advanced voting. That will allow far more people to come out and exercise their franchise.

When Elections Canada sought to explain why people are not coming out to vote, it reported the reasons were normal everyday circumstances, such as people being late at work, attending a child's recital, or it not being convenient. With an additional day, more people can come out and vote and affect the electoral outcome.

Fair Elections ActGovernment Orders

February 10th, 2014 / 4:50 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, the Chief Electoral Officer and the commissioner had both asked for the authority to ask a judge to compel evidence.

This is an absolutely critical request of the government, to incorporate it into legislation. The government, for whatever reasons, ultimately denied that particular request. It would have provided substantial teeth for Elections Canada to deal with issues that the government has been challenged on. All one needs to look at is the in-and-out scandal the government was involved in, the robocalls, or Conservative overspending in campaigns.

Why did the government not allow for this particular recommendation, which would have allowed Elections Canada to thoroughly investigate and ensure consequences when election laws are broken?

Fair Elections ActGovernment Orders

February 10th, 2014 / 4:55 p.m.
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Conservative

Eve Adams Conservative Mississauga—Brampton South, ON

Mr. Speaker, my understanding is that even a police officer is unable to compel evidence. However, once a charge is laid, obviously, the information is to be provided.

The proposed legislation goes further. It says that one cannot thwart an investigation and one cannot provide misinformation. I think the issue is being addressed through this legislation.

However, that was an excellent question. We absolutely want to ensure that everybody does comply with this type of investigation.

Fair Elections ActGovernment Orders

February 10th, 2014 / 4:55 p.m.
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NDP

Carol Hughes NDP Algoma—Manitoulin—Kapuskasing, ON

Mr. Speaker, I appreciate the comments. I will indicate that there are some good parts to this bill.

However, there are also some bad parts. The worst part is the fact that it would discourage people from voting. That is exactly what this would do.

If the government were serious about voting, it would ensure that the voucher system were still there. Over the years, the problem with the lineups has not been because people are vouching. It is because people are not on the list, and they are being told to go and vote somewhere else. Some are on a list in an area where they have not lived for many years.

Does the member not think that having the Elections Canada list updated would make more sense? Taking people who are deceased off the list would make even more sense.

Fair Elections ActGovernment Orders

February 10th, 2014 / 4:55 p.m.
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Conservative

Eve Adams Conservative Mississauga—Brampton South, ON

Mr. Speaker, that is a very important question about vouching. I am from the GTA, and we have certainly seen some interesting shenanigans when it comes to vouching. Many people on this side of the House have been scrutineers, and we have been candidates in those elections. It is rather reasonable to have to come and cast one's ballot and bring some form of ID. As I indicated, there are 39 pieces of ID that would be acceptable.

I certainly have the experience of my family, and it is an honour to be able to cast a ballot. The least we can do to ensure that there is transparency and fairness to the process and that everyone is only voting once is to bring a piece of ID that says we are who we are. It is a pretty simple thing to do. I hope we are not discouraging anyone in any way. There are four opportunities now to come out and vote.

However, the hon. member raises a really good point in saying that there are some great aspects to this bill. I was very much heartened to see that the former chief electoral officer would give this bill an A minus if a master's student had written it. That is high praise indeed.

Fair Elections ActGovernment Orders

February 10th, 2014 / 4:55 p.m.
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NDP

Charmaine Borg NDP Terrebonne—Blainville, QC

Mr. Speaker, I am lucky to have this opportunity to speak to the bill, considering the latest gag order that has been imposed. In fact, there have been so many that I have lost count. Therefore, I am privileged to be able to speak to this bill, since most of my colleagues will unfortunately not have the same opportunity.

I also find it ironic that we are debating a bill that is supposed to improve democracy. Does it really achieve that? I will talk about that in a moment. Imposing a gag order after such a short time for debate makes a mockery of democracy.

I find it even more ironic that we are debating a Conservative bill, An Act to amend the Canada Elections Act and other Acts and to make consequential amendments to certain Acts, also known as the fair elections act, when that party has been accused of voter suppression. What is more, charges have been laid against that party in relation to its fundraising campaigns. In fact, the former parliamentary secretary to the Prime Minister, who is supposed to defend ethical issues, was the one charged.

It is indeed very ironic that those who likely do not have the highest marks in ethics are now presenting us with a bill that they think is wonderful and designed to reform democracy and encourage people to vote—while they stand accused of doing exactly the opposite.

I am going to talk about the content of this bill. Many times during question period, my colleagues pointed out the effect that this bill will have on young people's ability to get involved in the electoral system. I claim to have some experience in that area.

When I was at university, for example, I would always ask my friends whether they were going to vote. I saw that most of them were not. I have to emphasize that I was studying political science, an area where students usually engage in the electoral system. But when I talked to them about upcoming elections, they would tell me that it was too complicated. This bill is now going to complicate things even more.

Young people have also told me that they do not know about the voting process. Actually, a significant number of people have never had an opportunity to learn about it. Some school boards in some provinces have civics programs, and that is good. However, those programs are not everywhere. Students who may have done very well in school do not necessarily remember what they learned in their early years as students. It is therefore important to repeat that education.

With this bill, the Conservatives are prohibiting the Chief Electoral Officer from providing that education to students through specific programs. When I was 15, I remember that my high school held mock elections, as part of the chief electoral officer's educational programs.

In those days, all the students became involved. They looked at the different parties and each party's campaign promises, and they went to vote. That first experience made them realize that they would be able to do so in the future. Those were mock elections, of course. The students were not old enough to vote, but they learned about the process of doing so. I have to say that, at my school, the NDP won.

From time to time, I teach politics 101 in my riding, particularly to women, in order to involve people in the electoral process. It is shocking to see how little young people know about who they are voting for. They wonder if they are voting at the municipal, provincial or federal level. They also wonder what each of those levels of government is responsible for. It is quite confusing. At their age, it is a bit embarrassing to raise their hand and ask their neighbour how elections work.

Limiting education hurts our democracy. When 61% of Canadians vote and 65% of young people do not vote, we have to think of ways to encourage a better turnout. I agree that adding a day of advance polling is a good idea. However, registering on election day is becoming more difficult.

It is good to have an extra day of voting, but if voters cannot identify themselves because vouching can no longer be used and the voter identification card has been eliminated, then that extra day does not do us much good. The act of voting in person is being made more difficult. This make no sense. As parliamentarians, we have a duty to draft bills that make sense.

I just want to point out that during the last election, 100,000 people used the vouching system to vote. They may have been seniors who did not have the energy or were too sick to renew all their identification cards, or even young people who were voting for the first time and were accompanied by their parents as witnesses. Many people need this system, which this bill would abolish. If we take that number, then the government is taking away the right to vote from 100,000 people. It is a fundamental right. We should all be opposed to such a measure.

After the fraudulent calls managed to suppress the vote of some Canadians, the Chief Electoral Officer made some recommendations. Can we do something to correct this system that allowed all that to happen?

This bill does do one little thing. It requires companies that make robocalls to register with the CRTC. That is a good start, but the government forgot to include all of the other recommendations, including the one to give the Chief Electoral Officer the authority to require production of financial documents. I know the parties hire auditors, but that is not the same thing.

The power to compel people to provide information is another thing left out of this bill. That could have fixed a problem or, at the very least, ensured that it never happened again. The government could have put forward these preventive measures to improve the electoral process.

The worst part is that the Chief Electoral Officer was not even consulted, even though that would have been the obvious thing to do. He is the one responsible for studying the elections act and advising candidates. The government did not even consult the expert on the subject before drafting a bill that has a direct impact on people's ability to vote. That is a huge problem. I would urge the Conservatives to go see him. Let us hope that, at the very least, they will be able to make a few amendments to this bill.

I do not have time to talk about all of the problems with this bill because there are so many, but I want to emphasize that the right to vote is a basic right. We all have a responsibility to oppose bills like Bill C-23, which could take people's right to vote away.

Fair Elections ActGovernment Orders

February 10th, 2014 / 5:05 p.m.
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Conservative

Wladyslaw Lizon Conservative Mississauga East—Cooksville, ON

Mr. Speaker, I have a problem following the logic of the opposition. Members who spoke before, including this member, were complaining about time allocation, but the first thing they did after the motion was to introduce their own motion to go home, to close the debate. I do not understand how this works.

There is a lot of talk about civic rights, but how about civic duties? Do we not have a civic duty toward this country? Do we not have responsibilities?

I go to many citizenship ceremonies. When people who become Canadian citizens raise their right hand and say the oath, part of the oath says “I will respect the laws of Canada and fulfill my duties as a Canadian citizen”. It is our duty and right to vote.

I ask the member what she has to say about that.

Fair Elections ActGovernment Orders

February 10th, 2014 / 5:05 p.m.
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NDP

Charmaine Borg NDP Terrebonne—Blainville, QC

Mr. Speaker, it is indeed a privilege to become a Canadian citizen and to vote for the first time. There are celebrations in my riding, too, and I have met many new Canadians. Their smiles when they get their citizenship certificates and when they tell me who they are going to vote for and when they will vote, make it clear just how thrilled they are.

What this bill is telling people is that it will be much more difficult to vote the next time. Voting is a thrill for people who have never voted before, but once they get to the polling station, if they cannot identify themselves, if they do not have all of the right ID, they will be very disappointed. This bill eliminates two identification options.

Fair Elections ActGovernment Orders

February 10th, 2014 / 5:10 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, we do recognize there are certain measures within the legislation that are positive, but we believe the overall bill being proposed has fallen significantly short and could have done a lot better.

One of the biggest problems we have with the legislation is that the government appears to have ignored what we believe are some important recommendations from Elections Canada.

I ask the member to emphasize the importance of some of Elections Canada's recommendations that it brought forward to the government and how important it is that the government respond by allowing amendments to succeed, to attempt to get support for the legislation into the future.

One of the more significant amendments that would be required, I suspect, is that we need to enhance the investigation procedures. For example, the Province of Manitoba, and other provincial jurisdictions, can demand an investigation and has more authority to investigate. Elections Canada requested to have the power to investigate and to demand information through a judge if the government said no to that.

The hon. member might want to provide some comment on that issue.