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 5th, 2014 / 4:55 p.m.
See context

Oak Ridges—Markham Ontario

Conservative

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

Mr. Speaker, we seem to be talking a lot about identification. The Minister of State for Democratic Reform, in answer to an earlier question, talked about the types of identification that could be used, such as a library card, a utility bill, a bank card statement, a hospital bracelet worn by a resident of a long-term care facility, and so on. The list is quite extensive.

In addition, the bill states on page 25:

If the address contained in the piece or pieces of identification provided under subsection (2) does not prove the elector's residence but is consistent with information related to the elector that appears on the list of electors, the elector's residence is deemed to have been proven.

In addition, clause 2.1 of the bill, just above that, would provide the Chief Electoral Officer with some additional authorities to put additional items on the list for identification purposes.

Earlier on, the bill says a committee of registered political parties would be able to make recommendations to the Chief Electoral Officer.

Would my colleague not agree that all of these mechanisms would allow us to ensure that the people who are actually voting are allowed to vote, that the proper identification has been presented to Election Canada officials, and that Canadians can have confidence that the vote that has been undertaken in each polling station across the country is a valid vote.

Fair Elections ActGovernment Orders

February 5th, 2014 / 5 p.m.
See context

Liberal

Scott Simms Liberal Bonavista—Gander—Grand Falls—Windsor, NL

Mr. Speaker, I understand where he is coming from, in the sense that there are all sorts of alternatives that could be utilized to identify the person.

However, I want to illustrate the point, through experience. As I said, if people, mostly seniors in rural areas, do not have the basic identification that is pointed out at the very beginning, chances are they would not have a lot of the rest. The reason visual identification of someone is beneficial is that the person felt, whether or not it was necessary to show up at the poll with any type of ID whatsoever, they plainly knew who they were, so the concept of visual identification could still be applied, I believe, without making it too lenient so that it would be abused greatly.

I understand where he is coming from, but it is not just a straightforward answer when it comes to some of the smaller regions that I talk about. We discovered that some time ago when we talked about different types of addresses, as my colleague from the Northwest Territories pointed out, and we had to address it at that time, and one of the things concerned visual identification.

First, I want to say that an egregious error happened to him, and I appreciate the story he brought to the House about his mother, several years ago. That is the type of thing that I hope would be addressed by legislation such as this.

Fair Elections ActGovernment Orders

February 5th, 2014 / 5 p.m.
See context

Liberal

Frank Valeriote Liberal Guelph, ON

Mr. Speaker, on election day in 2011, a fraud was perpetrated in more than 200 ridings across Canada. The Supreme Court has dealt with some of those circumstances and found that fraud was perpetrated by someone who had access to the Conservative information management system, called CIMS.

One of the difficulties that has arisen in the prosecution of that fraud and the reason the only charge that has been laid has been laid against only one person is that the Elections Canada did not have the teeth or the tools it needed to do proper investigation, like seizing documents and compelling witnesses to give testimony, so that it could dig into the case.

I am hearing from a lot of people in Guelph who are concerned about this legislation because it would really give Elections Canada no teeth to investigate.

Would the hon. member speak to me about the need for teeth and the absence of teeth in the legislation?

Fair Elections ActGovernment Orders

February 5th, 2014 / 5 p.m.
See context

Liberal

Scott Simms Liberal Bonavista—Gander—Grand Falls—Windsor, NL

Mr. Speaker, at some point, when I look at this legislation to try to seek out sharper teeth, I find myself staring at a loose set of dentures, for the most part, if I could carry that analogy further.

As he points out, if we ensconce commissioners in a different building, answerable to cabinet, not to Parliament, then the problem becomes that they lose the knowledge that is contained within that area. I know he says they can go back and forth, but I do not think it is as easy as that.

The other part about it is that the very information, the very ability, and the tools necessary, asked for by the Chief Electoral Officer, endorsed by the commissioner, would not be provided here. They consulted, but the one thing they asked for, which they thought was important to address the concerns that my colleague from Guelph brings up, is not contained within this.

Bill C-23--Notice of time allocation motionFair Elections ActGovernment Orders

February 5th, 2014 / 5 p.m.
See context

York—Simcoe Ontario

Conservative

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

Mr. Speaker, I would like to advise the House that an agreement could not be reached under the provisions of Standing Order 78(1) or Standing Order 78(2), with respect to the second reading stage of Bill C-23, an act to amend the Canada Elections Act and other acts and to make consequential amendments to certain acts.

As a result, under the provisions of Standing Order 78(3), I give notice that a minister of the Crown will propose at the next sitting a motion to allot a specific number of days or hours, for the consideration and disposal of proceedings at the said stage.

Bill C-23--Notice of time allocation motionFair Elections ActGovernment Orders

February 5th, 2014 / 5 p.m.
See context

Some hon. members

Shame.

Second ReadingFair Elections ActGovernment Orders

February 5th, 2014 / 5:05 p.m.
See context

Conservative

Blake Richards Conservative Wild Rose, AB

Mr. Speaker, it is a pleasure to rise today to speak to Bill C-23, Fair Elections Act, which has been introduced by the Minister of State for Democratic Reform.

In the most recent Speech from the Throne, our government committed to bringing forward changes to Canada's election laws that would clearly uphold the integrity of our voting system.

The fair elections act would make our laws tough, clear, and easy to follow. It would make life harder for election lawbreakers and put the focus back on honest people taking part in democracy.

The bill implements 38 of the Chief Electoral Officer's past recommendations, and it also brings to light concerns raised by Canadians, by various groups and think tanks, Elections Canada, and parliamentarians.

The fair elections act would ensure that everyday citizens are in charge of democracy by putting special interests on the sidelines and rule breakers out of business. The bill also makes it harder to break elections law. It closes loopholes to big money and imposes new penalties on political impostors who make rogue calls. It empowers law enforcement with sharper teeth, a longer reach, and a freer hand.

The fair elections act would give more independence to the Commissioner of Canada Elections, allowing him or her control over their staff and their investigations, empowering him or her to seek tough new penalties for existing electoral offences, and providing more than a dozen new offences to combat big money, rogue calls, and fraudulent voting.

Let me expand a bit on some of those tough penalties and new offences. What the fair elections act proposes is tougher criminal penalties for elections offences, such as setting a maximum fine of $20,000 on summary conviction, or imprisonment for up to one year; and $50,000 on indictment, or imprisonment for up to five years, for the following offences: obstructing an election officer, voting more than once, offering a bribe, making false statements to have a person deleted from the register of electors, or applying for a ballot under a false name.

It is also very important to note that candidates or official agents who are convicted of these offences would be prohibited from being a member of the House of Commons or holding any office in the nomination of the crown or of the Governor in Council for seven years.

It increases the maximum fines for the more serious election offences, such as taking a false oath, or making a false or erroneous declaration to election officials. It increases the maximum fine for all strict liability offences, such as failure to appoint an agent or an auditor. It increases the maximum fine for third parties that are groups or corporations that fail to register as a third party.

It also increases the maximum fines for offences applying primarily to broadcast corporations, such as advertising during a blackout. It increases penalties for political financing offences that do not require intent, and also severely increases those offences, such as failure to provide a quarterly return or a financial transactions return.

It also provides for a number of new offences, which I will highlight. One of them relates to registration on the list of electors. These are things like compelling, inducing, or attempting to compel or induce, any other person to make a false or misleading statement relating to their qualification as an elector. It relates to political financing rules, such as knowingly making indirect loans, or registration on polling day, such as registering when not qualified to vote.

It relates to non-compliance with the proposed voter contact registry, such as failing to keep the scripts and recordings used in the provision of voter contact calling services. I will focus on some of those provisions in a little more detail further on in my speech.

It also proposes new offences relating to voter deception. There are actually no provisions in the current act that would make it an offence to impersonate political agents or elections officials. The bill would amend the Canada Elections 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 behalf of the Chief Electoral Officer.

There are some very serious new provisions in the bill in relation to getting tough on those who would look to cheat and defraud our election system.

It also cracks down on voter fraud by prohibiting vouching or voter information cards from being used as acceptable forms of ID. The Neufeld report, which was commissioned by Elections Canada relating to administrative deficiencies at the polls in the most recent 2011 election, indicated that there were irregularities in 25% of the cases where vouching was used.

What the fair elections act would do, as I indicated already, is that it would end vouching and require that Elections Canada communicate what forms of ID would be accepted at polling locations, so that voters would know before they head to the polls what they need to bring.

As I have already said, it would prohibit the use of voter information cards as a form of acceptable identification. However, it would very clearly outline what forms of ID are acceptable. This would allow Canadians to continue to have 39 authorized forms of ID to use when voting. There is a very comprehensive list of ID options that could be brought to the polls. That would be very clearly communicated to voters so they are well aware of what those forms are for identifying themselves in order to exercise their voting rights.

It would also make the rules for elections clearer, more predictable, and easier to follow. Complicated rules can often bring unintentional breaches. Unfortunately, that could intimidate people from taking part in democracy. That is why the fair elections bill would make the rules for elections more clear, more predictable, and easier to follow.

In order to follow the rules, parties must know what they are. That means the fair elections act would seek to ensure that the Chief Electoral Officer provides a 30-day comment period to members of the advisory committee of political parties that would be established under the act before publishing a proposed guideline or interpretation note.

Following a comment period, an additional 30 days would then be provided, in terms of notice for regulated entities, of the new interpretation. After both the comment and the notice period, which is a total of 60 days, the CEO would then formally issue the guideline or the interpretation note. It would also publish a proposed advance ruling or written interpretation of any question related to the Canada Elections Act within 45 days of a request from a registered party, and then provide a 30-day notice period before it is formally issued as well.

The advance ruling would be issued by the CEO and would be binding on him and on the commissioner. This is very important. It would also maintain an online registry, which would be available to the public, of the complete text of final guidelines and interpretation notes that have been issued, as well as of any written opinions containing advance rulings that have been issued. That would allow access by parties and individuals of interpretations and guidelines so they could be applied equally and fairly to all involved.

The fair elections act would also ban the use of loans that have been used in the past to evade donation rules. It would repeal the ban on premature transmission of election results, which would uphold free speech. It would provide better customer service to voters and establish an extra day of polling.

In the case of disagreements over election expenses, it would allow an MP to present the disputed cases in the courts and to have judges quickly rule on it before the CEO seeks the MP's suspension.

It would also protect voters from rogue calls, with a mandatory public registry for mass calling, prison time for impersonating elections officials, and increased penalties.

What I will do now, Mr. Speaker, is devote the remainder of my time to describing these particular measures, beginning with the creation of a registry for voter contact services.

In respect to telemarketing and automated dialing that would take place during an election period, the fair elections act would take the very important step of creating a new registry for voter contact services. The bill would require registration with the Canadian Radio-television and Telecommunications Commission, the CRTC. Telephone service providers that are engaging in voter contact, or any other person or group engaging in the use of telephone service for voter contact purposes, would be required to register in the voter contact services registry contained at the CRTC. Moreover, any person or group using internal services to make automated calls for voter contact purposes, would also have to register with the CRTC under this legislation.

The bill would require any person or group using a telephone service provider for voter contact purposes, or making automated calls for these purposes, to have their identity verified by providing identification to both the CRTC and to the telephone service provider. Third parties who are groups or corporations would have to register with the CRTC for any calls that they make as well.

In addition, the bill provides that registrations would be made publicly available 30 days after polling day, and that registrations must be available to the CRTC officials within 48 hours of a call being made for voter contact purposes. The bill would also require recordings of messages that are sent by using automated calls and scripts of live messages used by telephone service providers to be kept for one year from the date of the election. The dates of these calls would also have to be maintained in that registry.

In addition to the strict requirements of the new registry, the disclosure requirements for political parties, candidates, and electoral district associations with respect to expenses incurred for voter contact services by telephone would also be strengthened. In particular, the bill provides a new obligation for political entities to specifically identify expenses for voter contact services by telephone, and to include the name of the company and the amount of the costs incurred on their election returns. The proposed amendments would enhance transparency and consistency in reporting such expenses, and would have the further advantage of assisting with enforcement of the Canada Elections Act.

To encourage compliance with the rules, the fair elections act would strengthen the penalties regime by first increasing, by 10 times, the penalties for preventing or attempting to prevent a voter from voting. Penalties for doing so would increase from $2,000 currently, to $20,000 on summary conviction; and from $5,000 currently, to $50,000 on indictment. It would also increase the maximum fines for the more serious election offences, such as taking a false oath or making an erroneous declaration to election officials, again, from $2,000 to $20,000 on summary conviction, and from $5,000 to $50,000 on indictment.

The fair elections act also proposes tough new offences, including a new offence for impersonating election officials or political entities. It would be an offence for a person to falsely represent that they are a candidate, a representative of a candidate, a representative of a party or a riding association, a chief electoral officer, Elections Canada, or any other election officer. The maximum penalty for this offence, if prosecuted on indictment would be $50,000, five years in prison, or both. This is in line with other increased penalties provided for in the bill. It would be considered a corrupt practice if the offence was committed by a candidate or an official agent. A person who is found guilty of a corrupt practice would be prohibited for seven years from being elected or sitting in the House of Commons, or holding any office in the nomination of the crown or the Governor in Council.

In addition, the fair elections act proposes other new offences, including for providing false information to an investigator, or obstructing an investigation, and for non-compliance with the proposed voter contact registry, including for providing false information or failing to provide identification when registering.

I would also note that the fair elections act proposes a further measure to assist elections officials with their important work relating to the potential misuse of automated telephone calls. It will clarify in law that neither Elections Canada nor elections officers make unsolicited calls to voters.

At this point, it would be appropriate for members to recall that on March 29, 2012, the House of Commons Standing Committee on Procedure and House Affairs heard the Chief Electoral Officer, Marc Mayrand, on allegations of misuse and abuse of auto-dialed calls during the 41st general election. During that meeting, the Chief Electoral Officer expressed the view that the enforcement mechanisms provided for by the Canada Elections Act could be improved. That is precisely what the fair elections act would achieve.

I would also like to quickly highlight the fact that the fair elections act would provide for better customer service for voters. Many people in the House and elsewhere have often expressed their concern about our voter turnout levels. One of the things that most non-voters told Elections Canada in its survey was that there were practical reasons preventing them from voting in the last election. For example, 17% said it was due to the fact they were travelling; 13% said it was their work or school schedule; 10% said they were simply too busy; and 7% cited lack of information. That is just to name a few of the reasons. I believe that better customer service would help to remove some of those practical obstacles expressed by voters.

For example, one of the things the fair elections act would do is to provide more voting days by increasing the advance polling days. It would help to reduce congestion at the polls by providing for more elections officers to be appointed, and by appointing liaison officers to facilitate communication between his office and returning officers in the riding. The act would also allow registered parties and electoral district associations, rather than simply candidates, to recommend names for elections officer positions at the polls, and those nominations would be required to be earlier to allow more time for training, which hopefully would allow better customer service and more efficient voting at the polls.

Obviously our government is fully committed to addressing the current shortcomings in the Canada Elections Act that stand in the way of cracking down on the misuse of mass calls. The proposed changes I have mentioned are significant measures that would help clean up such alleged abuses and prevent potential future abuses. The proposed new rules would be enhanced by the additional requirement to outline expenses incurred for voter contact services by telephone, and by strengthened enforcement of the Canada Elections Act through strong penalties for violations of the act, and by tough new offences. Additionally, our government's proposed voter contact registry would be an essential tool to investigate any telephone calls that attempt to obstruct the electoral process, and would comply with the March 2012 House of Commons motion calling for action on this very subject. These important measures represent a clear move forward in strengthening Canada's election system by helping to ensure that elections officials have the necessary tools to both investigate effectively and to punish appropriately any abuses of automated telephone calls in our electoral processes.

The initiatives in this bill would also encourage greater compliance with the rules of the electoral regime, thereby helping to restore any loss of confidence in the integrity of our elections system.

For the reasons I have described today, I believe that the reforms proposed in this legislation would have positive effects for our electoral system, and I call on all members to support the swift passage of the fair elections act.

Second ReadingFair Elections ActGovernment Orders

February 5th, 2014 / 5:25 p.m.
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NDP

Raymond Côté NDP Beauport—Limoilou, QC

Mr. Speaker, I listened very carefully to my colleague's speech.

While he was talking, I was reading the introduction of the bill. The fascinating thing is that the government has decided to introduce a massive bill that deals with a whole host of issues. That takes me back to when I was a member of the Standing Committee on Finance in 2013 and the Standing Committee on Justice and Human Rights.

I find it quite absurd that the government keeps hammering away at repression. It claims it wants to deter illegal acts. However, it proposes repressive clauses, while stripping Elections Canada of the tools it needs to take action and correct certain shortcomings. Clearly, the government is trying to divert attention from its own inadequacies and shortcomings.

How can the member justify this hodgepodge of measures that might not be enforceable or enforced?

Second ReadingFair Elections ActGovernment Orders

February 5th, 2014 / 5:25 p.m.
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Conservative

Blake Richards Conservative Wild Rose, AB

Mr. Speaker, I notice that the member is celebrating the Quebec Winter Carnival and is wearing the appropriate attire today for the occasion. I compliment him on that. It seems as though we often have exchanges in the House of Commons, which I always enjoy.

I find it unfortunate that the member and the New Democratic Party do not seem to see the value in some of the things we are talking about doing here, such as protecting voters from rogue calls with a mandatory public registry; giving more independence to the Commissioner of Canada Elections; cracking down on voter fraud; and simply making the rules for elections clearer, more predictable. and easier to follow. These measures would make the electoral process more efficient, make it harder for people who seek to break the elections rules, and make the electoral process more attractive and feasible for the honest people looking to take part in democracy, whether candidates or voters.

I find it unfortunate that the NDP will not support measures that would make our election laws fairer, simpler, clearer, and more transparent, and that would give better customer service to voters. These all seem to be very laudable goals. The fair elections act would go a long way to achieving all of them, and so it is unfortunate that the NDP is not supporting them.

Second ReadingFair Elections ActGovernment Orders

February 5th, 2014 / 5:25 p.m.
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Liberal

Ted Hsu Liberal Kingston and the Islands, ON

Mr. Speaker, I again have to say that the quality of the debate has been quite high today. I am happy about that, but I am now disappointed that the government wants to cut off debate.

On behalf of my constituents in Kingston and the Islands, I ask if the government would budget money to explain to voters that there would be no voter card and that there would be an extra day of advance polls? From my experience, it is very important to have the resources to supply that information; otherwise, it is the political campaigns themselves that have to supply that information, and then whichever campaign has the most money can get to the most voters.

I wonder if the government would budget for explaining to voters the changes in this legislation.

Second ReadingFair Elections ActGovernment Orders

February 5th, 2014 / 5:25 p.m.
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Conservative

Blake Richards Conservative Wild Rose, AB

Mr. Speaker, first of all, I would like to make it clear to the member that there would still be voter contact and the voter information cards that voters receive. I would like to make that clear to him so that misinformation is not out there. However, these voter card could not be used as an acceptable form of identification at the polls.

I would also point out that there would still be 39 different forms of ID that will be accepted at the polls. They would be very clearly outlined in the act. Elections Canada would communicate with voters about what those acceptable forms of ID are, how and where they are to vote, and all of the other things that have been identified as important for voters to be aware of so that we can enable them to participate in voting and encourage greater voter participation more generally through better knowledge of the acceptable forms of ID, along with where, when, and how they can vote.

I hope I have cleared up the member's misconceptions.

Second ReadingFair Elections ActGovernment Orders

February 5th, 2014 / 5:30 p.m.
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Conservative

The Acting Speaker Conservative Bruce Stanton

I am sure hon. members will be delighted to know that the hon. member for Wild Rose will have five minutes remaining for questions and comments when the House next returns to this particular motion.

Bill C-23—Time Allocation MotionFair Elections ActGovernment Orders

February 6th, 2014 / 1:10 p.m.
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York—Simcoe Ontario

Conservative

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

moved:

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.

Bill C-23—Time Allocation MotionFair Elections ActGovernment Orders

February 6th, 2014 / 1:15 p.m.
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Conservative

The Speaker Conservative Andrew Scheer

There will now be a 30-minute question period pursuant to Standing Order 67(1), and I would ask members putting the questions to keep their remarks to about a minute, and the government response to be of a similar length.

The hon. member for Skeena—Bulkley Valley.

Bill C-23—Time Allocation MotionFair Elections ActGovernment Orders

February 6th, 2014 / 1:15 p.m.
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NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Mr. Speaker, is it not an irony that the Conservatives find that when they are talking about democratic reform and about bringing in an electoral system that Canadians can trust, their natural tendency is to shut down debate in Canada's Parliament in order to do it? That is exactly what was done. This was the plan as of yesterday. This was the Conservatives' plan as they were drafting the bill. They decided, “Here is what we are going to do. We are going to put 242 pages in front of Parliament; we are going to invoke closure and shut down debate about something like our electoral system”.

I will ask the minister this point directly. He is in such a rush for this that one would think he would have at least written the bill properly, and that he would have actually told the truth in consulting with Elections Canada. Now we have a question in front of us. He said that he consulted the Elections Canada officials who are experts in this, which he is not. He may be an expert in other regards to the Elections Act, and his party certainly is with its in-and-out and robocalls scandals; and appointments to the Senate are a whole other story. However, the current government has shown its tendency to anti-democratic behaviour.

Why invoke closure? Why shut down debate on something so important? Why not allow Parliament to deal with the DNA of this bill properly and get it right, and actually truly consult with Canadians instead of marginalizing them from our democracy?