Fair Elections Act

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

This bill is from the 41st Parliament, 2nd session, which ended in August 2015.

Sponsor

Pierre Poilievre  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

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

Elsewhere

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

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-23s:

C-23 (2022) Historic Places of Canada Act
C-23 (2021) An Act to amend the Criminal Code and the Identification of Criminals Act and to make related amendments to other Acts (COVID-19 response and other measures)
C-23 (2016) Law Preclearance Act, 2016
C-23 (2011) Law Canada–Jordan Economic Growth and Prosperity Act
C-23 (2010) Law Eliminating Pardons for Serious Crimes Act
C-23 (2009) Canada-Colombia Free Trade Agreement Implementation Act

Votes

May 13, 2014 Passed That the Bill be now read a third time and do pass.
May 13, 2014 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “this House decline to give third reading to Bill C-23, An Act to amend the Canada Elections Act and other Acts and to make consequential amendments to certain Acts, because, amongst other things, it: ( a) was rushed through Parliament without adequately taking into account the concerns raised by over 70 expert witnesses and hundreds of civil society actors that speak to a wide array of provisions that remain problematic in this Bill; ( b) prohibits the Chief Electoral Officer from authorizing the use of 'Voter Information Cards' as a piece of voter identification to be used alongside a second piece of identification, despite such cards being a method of enfranchisement and promoting smoother administration of the election-day vote and despite there being no basis for believing that these cards are, or are likely to be, a source of voter fraud; ( c) refuses to legislate the powers necessary for full compliance with, and enforcement of, the Canada Elections Act in light of experience with fraud and breach of other electoral law in the 2006, 2008 and 2011 general elections, notably, the power of the Chief Electoral Officer to require registered parties to provide receipts accounting for their election campaign expenses and the power of the Commissioner for Canada Elections to seek a judicial order to compel testimony during an investigation into electoral crimes such as fraud; ( d) eliminates the power of the Chief Electoral Officer to implement public education and information programs designed to enhance knowledge of our electoral democracy and encourage voting, other than for primary and secondary school students; and ( e) increases the influence of money in politics through unjustified increases in how much individuals may donate annually and how much candidates may now contribute to their own campaigns, thereby creating an undue advantage for well-resourced candidates and parties.”.
May 12, 2014 Passed That Bill C-23, An Act to amend the Canada Elections Act and other Acts and to make consequential amendments to certain Acts, as amended, be concurred in at report stage.
May 12, 2014 Failed That Bill C-23 be amended by adding after line 27 on page 51 the following: “351.11 No third party that failed to register shall incur election advertising expenses of a total amount of $500 or more.”
May 12, 2014 Failed That Bill C-23, in Clause 77, be amended by adding after line 20 on page 49 the following: “348.161 For greater certainty, the requirement referred to in section 348.16 to keep the scripts and recordings described in that section for three years does not preclude the Canadian Radio-television and Telecommunications Commission from establishing a system of voluntary commitments for calling service providers in which they pledge to keep scripts and recordings for periods longer than three years.”
May 12, 2014 Failed That Bill C-23, in Clause 77, be amended by adding after line 20 on page 49 the following: “348.161 For the purposes of determining the period of time during which each script is to be kept in accordance with section 348.16, the three-year period starts from the last time that the same or substantially similar script is used by the same caller.”
May 12, 2014 Failed That Bill C-23, in Clause 77, be amended by replacing line 11 on page 49 with the following: “years after the end of the election period, and provide to the Canadian Radio-television and Telecommunications Commission,”
May 12, 2014 Failed That Bill C-23 be amended by deleting Clause 41.
May 12, 2014 Failed That Bill C-23, in Clause 5.1, be amended by replacing line 35 on page 8 with the following: “under this Act, including information relating to the commission of an offence against a law of Canada or a province by an individual if, in the Chief Electoral Officer’s opinion, there is evidence of such an offence.”
May 12, 2014 Failed That Bill C-23, in Clause 152, be amended by adding after line 11 on page 242 the following: “(1.2) The report shall also include any concerns regarding the powers granted to the Commissioner by the Canada Elections Act.”
May 12, 2014 Failed That Bill C-23, in Clause 97, be amended (a) by replacing line 30 on page 195 with the following: “( a.1) section 351.1 (registered and non-registered foreign third party ex-” (b) by replacing line 4 on page 196 with the following: “( a.1) section 351.1 (registered and non-registered foreign third party ex-”
May 12, 2014 Failed That Bill C-23, in Clause 56, be amended by deleting line 9 on page 32.
May 12, 2014 Failed That Bill C-23, in Clause 7, be amended by replacing line 22 on page 9 with the following: “levels or to any targeted groups.”
May 12, 2014 Failed That Bill C-23, in Clause 7, be amended by adding after line 22 on page 9 the following: “(2) The Advisory Committee of Political Parties, established pursuant to subsection 21.1(1), shall provide the Chief Electoral Officer with its opinion on the impact of this section within two years after the first general election held after the coming into force of this section.”
May 12, 2014 Failed That Bill C-23, in Clause 5, be amended (a) by replacing line 6 on page 6 with the following: “Chief Electoral Officer within 20 days after the” (b) by replacing line 20 on page 6 with the following: “subsection (5) within 65 days after the day on” (c) by replacing line 22 on page 6 with the following: “65-day period coincides or overlaps with the” (d) by replacing line 25 on page 6 with the following: “65 days after polling day for that election.”
May 12, 2014 Failed That Bill C-23, in Clause 3, be amended by replacing line 17 on page 5 with the following: “(2) The mandate of the Chief Electoral Officer is renewable once only; however, a person who has served as Chief”
May 12, 2014 Failed That Bill C-23 be amended by deleting Clause 1.
May 8, 2014 Passed That, in relation to Bill C-23, An Act to amend the Canada Elections Act and other Acts and to make consequential amendments to certain Acts, not more than one further sitting day shall be allotted to the consideration at report stage of the Bill and one sitting day shall be allotted to the consideration at third reading stage of the said Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at report stage and on the day allotted to the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.
Feb. 10, 2014 Passed That the Bill be now read a second time and referred to the Standing Committee on Procedure and House Affairs.
Feb. 6, 2014 Passed That, in relation to Bill C-23, An Act to amend the Canada Elections Act and other Acts and to make consequential amendments to certain Acts, not more than three further sitting days shall be allotted to the consideration at second reading stage of the Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the third day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Fair Elections ActGovernment Orders

February 6th, 2014 / 3:35 p.m.

NDP

Hélène LeBlanc NDP LaSalle—Émard, QC

Mr. Speaker, I would like to thank the member for Winnipeg North for his question and the very informative lead-up to it.

The purpose of this bill is to remove powers from the Chief Electoral Officer, who has been doing exceptional work since the last election, despite having limited resources. The government is trying to cut him off at the knees.

He should be given the powers he requested to put an end to electoral fraud.

Fair Elections ActGovernment Orders

February 6th, 2014 / 3:35 p.m.

Nepean—Carleton Ontario

Conservative

Pierre Poilievre ConservativeMinister of State (Democratic Reform)

Mr. Speaker, one of the provisions in the fair elections bill would protect against voter fraud. Due to enormous volumes of Elections Canada mistakes in the last election, we saw heightened irregularities in the use of vouching.

According to the report commissioned by Elections Canada, there were irregularities in 25% of the cases in which vouching was used. The Supreme Court noted these high levels as well. Both the court and the Elections Canada report concluded that these problems can no longer go on. We have decided to provide a solution, which is to end vouching while requiring in law that Elections Canada communicate to people the types of ID they are required to bring, of which there are 39 options. Those two changes together would ensure that people show up with the proper ID and that we know who they are when they cast their ballot.

Does the hon. member support this policy approach?

Fair Elections ActGovernment Orders

February 6th, 2014 / 3:35 p.m.

NDP

Hélène LeBlanc NDP LaSalle—Émard, QC

Mr. Speaker, the term “massive” was used to describe electoral fraud. The infamous robocalls are the prime example.

The previous Liberal government eliminated the measure that enabled identification of voters via door-to-door visits. People went to register voters at their homes, which enabled them to check identities on the spot.

Could the Minister of State for Democratic Reform implement a measure to prevent that kind of fraud?

Fair Elections ActGovernment Orders

February 6th, 2014 / 3:35 p.m.

NDP

Robert Chisholm NDP Dartmouth—Cole Harbour, NS

Mr. Speaker, I am pleased to have an opportunity to participate for a few moments in debate on the bill. Like every piece of legislation we have seen from the government since it was elected in 2011, the devil really is in the details. Conservatives introduce legislation, give it a folksy title, and claim it is everything but sliced bread; then, when we start to dig into it and start to pick through it, we see what is really going on.

That is why the move to limit debate is so egregious. It is the question of the government not wanting us to have an opportunity to understand the ramifications of various provisions, to talk with our constituents, or to be able to bring that information back here to the House. However, that is certainly the style of the current government that we have come to know and not like very much. We will do the best we can with it.

The aspect of the bill that I find so troubling, and there are a number of troubling aspects, is that it is going to make it more difficult for Canadians to vote. I have been involved as a politician, an adult educator, and a community activist now for nearly 30 years in working with people in my community and across this country to encourage people to take the opportunity to exercise their right to vote.

I understand that barriers exist. Barriers have existed for different groups for decades, if not hundreds of years. We have had to fight hard to remove the barriers and remove the exclusions so that more Canadians have an opportunity to participate in the electoral process, but it is a tough slog.

Other countries are making it easier. Agencies that are involved in regulating and administering the election process are given more powers and more opportunities to promote opportunities to vote and to make voting easier. Either through polling booths, electronic voting, or other means, they make it easier for people to participate. Voting is an inalienable right in this country and in other democracies around the world. We want to not only protect it but expand it. We want to get it out there to everyone.

It seems what the government values most is someone who owns property, is stable in one location, and receives direct mail from the Conservative Party or, for that matter, from any of the other political parties.

However, only a small fraction of the population is so involved in the political process that they are on mailing lists, contribute to political parties, and receive regular updates about what is going on in the political process and what is going on with elections. There are many people out there who have decided—for reasons I do not necessarily agree with, but reasons they find justifiable—that the electoral process is not for them and that the government does not serve their interests. They are disenchanted and feeling somewhat cynical about the political process. We need to continue to do everything we can to encourage these people.

Whatever it is that I or my colleagues or Elections Canada or anybody else says that motivates Canadians to cast their ballots during an election, we need to make sure that they have an opportunity to do so. We have rules to make sure that all the polling stations are completely accessible for people who have physical barriers. We are trying to bring in all kinds of different measures to make sure that people can vote not just on one specific day, but on many specific days.

In this country we are exploring opportunities for electronic voting. Certainly it has been done at the provincial level. We are doing all kinds of things.

There are groups of Canadians who some would suggest are vulnerable Canadians. I do not know if that is necessarily a good word, but they are Canadians nonetheless, and they are on the move. They may be young Canadians at university or people who are looking for jobs or people who are moving around. They may be other types of Canadians who are in that type of mobile environment and living a kind of mobile lifestyle. They need any opportunity. We need to remove all barriers that may exist for them to have the opportunity to cast a ballot.

The rate of participation is in the 60% range. I speak to students in junior high schools, high schools, and universities and try to impress upon them that they have a responsibility as citizens to participate. If they decide during any given election that they are going to participate, we have a responsibility as parliamentarians to make sure that we make it as easy as we possibly can. Whether it is because they do not get mail or they are not paying attention because they are trying to put food on their tables and make sure they have roofs over their heads or they are trying to stay safe, they are not focused on these particular issues. They are not paying attention. This bill would not make it easier on those people, or on any other Canadians, for that matter; it would make it more difficult.

I have gone through the bill. I have already spoken with some of my constituents about it, and they are very worried about the direction the government is going. It is taking away the ability of the CEO of Elections Canada to expand its reach to make sure that Canadians know what is going on and are encouraged at each and every opportunity to participate. It is taking away the powers of the Chief Electoral Officer instead of increasing them.

The CEO appeared before a standing committee this afternoon. Members may have heard the minister, when he introduced this bill, suggest that both the commissioner and Elections Canada wore team jerseys, suggesting that they are partisans. What the Chief Electoral Officer said was that, in fact, he is wearing a striped jersey. In other words, he is the referee, but as a result of this bill, he is going to be completely taken off the ice.

I am going to have to have more conversations with Canadians in Dartmouth—Cole Harbour because I do not want people to become more cynical about the process, but it seems as though this bill has a couple of different intentions. One is that when Elections Canada tried to clean up some election procedures that have been carried out by some members of Parliament on that side, the Conservatives are taking away the powers of Elections Canada to follow through on those issues. They are increasing their ability to raise money in areas where the Conservative Party has the most reach. When the Conservatives talk about a long reach, that is what they are talking about: the ability of the Conservative Party to get into people's pockets even further.

This bill, erroneously called the fair elections act, would tip the balance to the Conservative Party. It moves away from Canadians being able to participate actively and equally in the political process. I am going to speak to my constituents and come back here to share their concerns with the government.

Fair Elections ActGovernment Orders

February 6th, 2014 / 3:45 p.m.

Calgary Centre-North Alberta

Conservative

Michelle Rempel ConservativeMinister of State (Western Economic Diversification)

Mr. Speaker, I wonder if my colleague opposite could provide the House with some quantitative data as to why young voters in his riding chose not to vote in the last election.

Fair Elections ActGovernment Orders

February 6th, 2014 / 3:45 p.m.

NDP

Robert Chisholm NDP Dartmouth—Cole Harbour, NS

Mr. Speaker, that is a vexing issue.

The question was why more young people do not vote. I take time every year to go out to high schools, junior high schools, and elementary schools, to talk to young people about what prevents them from voting.

These students talk about the cynicism. They talk about the fact that the government does not care about the environment or science, and that all it is doing is promoting the development of oil, as examples.

They do not listen to me, as young people. Other barriers also seem to get in their way. They do not get notice because they are moving around. There are different issues.

What we have to do, and what this bill does not do, is find avenues to make that participation, if they have the will, easier and more effective.

Fair Elections ActGovernment Orders

February 6th, 2014 / 3:50 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, one of the things so critically important when we take a look at reforming election laws has to be the timely prosecution of individuals who violate election laws.

We could talk about the Conservative in-and-out scandal. We could talk about the overspending by candidates in the last election, or the robocalls issue. What we would find is that there is a genuine need for Elections Canada to have that investigative power to be able to not only get to the bottom of the issue but also to ensure that there is a timely consequence for those actions. That is what is really missing. The former chief electoral officer and the current Chief Electoral Officer made reference to that.

Would the member not agree that one of the greatest deficiencies in this legislation is that we are not giving our election officials the necessary powers to ensure timely prosecutions of those individuals who violate our election laws?

Fair Elections ActGovernment Orders

February 6th, 2014 / 3:50 p.m.

NDP

Robert Chisholm NDP Dartmouth—Cole Harbour, NS

Mr. Speaker, I would absolutely agree that Elections Canada has to have the powers to investigate in a timely manner. It also needs the resources.

We know a number of members on the government benches have been under investigation for a long period of time for breaking the rules. Part of the problem is that Elections Canada has not had the resources. It also has not had the powers to compel people to come forward.

A unanimously passed NDP resolution would have given Elections Canada those powers. This was passed last year. It would have given Elections Canada the powers to compel people to come forward, and it would have given Elections Canada more resources. It was a unanimously passed resolution. It was passed in this House by all parties.

The government completely ignored the resolution. They are ignoring it again in this supposedly “fair elections” bill.

Fair Elections ActGovernment Orders

February 6th, 2014 / 3:50 p.m.

NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Mr. Speaker, I would like to thank my colleague and congratulate him on his excellent speech. He clearly laid out the main issues and weaknesses in the bill, which seems to be a back-of-the-napkin kind of deal drafted by a single party.

If the government wants to change the Canada Elections Act, which is fundamental to our democratic life, it should keep Elections Canada and the opposition parties in the loop as well as all citizens. That did not happen. This bill to change the Canada Elections Act was produced solely by the Conservative Party.

Can my colleague comment on the importance of broad, open and transparent consultation when proposing changes like this?

Fair Elections ActGovernment Orders

February 6th, 2014 / 3:50 p.m.

NDP

Robert Chisholm NDP Dartmouth—Cole Harbour, NS

Mr. Speaker, that is a great question.

As I tried to lay out, probably inarticulately, this bill seems to balance the playing field very much in the government's favour.

The question was whether the government should have consulted with Canadians. Yes, it should have. It should have consulted with Elections Canada. The minister said that he did. In fact, we know that he did not.

They should have taken some time to make sure the perception that it was just a bill written to protect the backsides of the Conservative Party was, in fact, not the case. Had the government done that, had it gone out and heard expert advice and brought that advice to the House to help put that bill together, we would not be dealing with the mess we are dealing with.

Fair Elections ActGovernment Orders

February 6th, 2014 / 3:55 p.m.

Calgary Centre-North Alberta

Conservative

Michelle Rempel ConservativeMinister of State (Western Economic Diversification)

Mr. Speaker, I am excited to speak on this topic today because it is an issue we all wrestle with. I want to spend my time today on a few areas of this bill, such as the voter education component, the vouching issue, access to voting facilities, and some of the measures set out for money and corporate donations, as well as some of the robocall issues in here.

I will start with the education component because it has come up in question period and in debate quite a bit. We should all be concerned with this, as parliamentarians, in a good way.

I asked my colleague opposite why young voters in his riding do not vote and why he had a low turnout. Did members notice that he could not answer? I have asked myself this question for the last three years I have been in my first term of Parliament. I have asked myself this in areas where I have seen lower voter turnout as I analyze the election results. How can I get out and encourage people to vote in this area? I see that as my responsibility as an elected official. I am certain that other people and other parties should be asking the same question.

Moreover, it is not just our job as someone running in a campaign; it is our job as parliamentarians. If we are not asking what issues motivate people to vote, we are not doing our job. Therefore, to make the argument that a government institution is responsible for finding out why people vote is an abdication of our responsibilities as parliamentarians. I cannot believe we are having the argument that we should be somehow divesting that voter persuasion, that issue engagement, and that policy engagement to a government entity. It is false logic. It degrades the democracy we are built upon.

Every day we should be talking to our constituents and asking them what issues motivate them, what makes them want to vote, what they care about, and where they want our party to be on an issue if they care about it so much. Not only is that the policy development process, that is what voter engagement is.

We can talk about social media and websites. I love the Apathy is Boring campaign. Members have talked about using art in terms of encouraging people to vote. Those are tools. That is the how people vote. It is not the why. We cannot shift the responsibility for an inquiry into why people vote to Elections Canada. That is our job. Therefore, every time I hear that come up in question period or whatnot, I want people to look inward and ask themselves why the youth in their riding are not voting.

Moreover, when we talk about why people do not vote, there is an issues component, but sometimes it comes down to a traffic jam, a school dance recital, a lack of child care coverage or transportation to the polls, or a big snowstorm.

I have talked to friends in data visualization. When they look at emergency response around an accident, for example, they look at how people move. It is a behavioural choice to make a decision to go somewhere or do something. Voting is going somewhere and doing something. As parliamentarians and candidates, we also have to look at what behavioural choices people make to go out and vote. That is not a static thing. When we are talking about why people vote, the issues change and what motivates someone changes, so we have to be on top of that. However, we also have to look at what behavioural impacts affect a person to vote on that night and at that time, which is why I find this bill so cool. I will get to that in a minute.

In researching and preparing for this speech, I looked at a paper prepared for Elections Canada in January 2011 entitled “Youth Electoral Engagement in Canada”. It is a fairly robust paper. I note that line one of the executive summary of this report states:

Youth electoral engagement in Canada is declining. Despite this, we do not know much about the causes of this decline.

It is a fascinating paper. It talks about many different reasons that could potentially have an impact on why people do or do not vote. At the end of the day, it talks about the possibility that we may need more data. To say that why people vote could be somehow impacted by a static snapshot in time is a bit of false logic too.

Therefore, when we are looking at who is best positioned to educate voters, it is not just a government department. Should we be entrusting voter persuasion to a government department? I am not sure. I think that is dangerous territory. What we should be asking is how do each of us here better reach out to different demographics in our riding. Do we understand what those demographics are? Do we understand what they care about and why? How do those issues change over time? How does the policy change over time?

On election day, I have to persuade people to go out to the polls, based on the job that I have done and the stands that my party has taken on these issues. Voter persuasion is not an election campaign issue. Elections Canada cannot just go out and persuade people to go vote. It is a term of office. It is a constant thing. Now, all of a sudden we are making an argument that a government institution should be taking the role of a parliamentarian, an NGO, or an educational institution. No, that is wrong. That is the sort of debate that allows us to considerably reduce the efficacy of our democracy in Canada, and I am strongly opposed to it.

I mentioned tools. What do we need to get people to go vote? How do they go out and vote? Let us educate people on where they vote. Let us look at some of those behavioural issues I talked about, like the snow storm, the traffic jams, the school recital. Let us give them more options on when and where they can vote. No one likes to stand in a long line. I know I do not. As my friends know, I am a very impatient person. As my staff members are watching this, they know that as well.

Therefore, for impatient people, how do we reduce the congestion in voting stations? That is what Bill C-23 does. It offers more advance polling days. It offers solutions around staffing, such as in areas of congestion, we would be able to reduce that. We should be tasking an administrative department with the how, with the tools. I really think that by legislating and enshrining that, in a very focused and specific mandate within the bill, we would be doing a great service to Canadians. However, we are not doing a service if we abdicate our responsibility as parliamentarians for understanding why people vote.

My colleague could not answer that. He could not understand why people do not vote in his riding. That is something we should all be concerned about. I am sure that if we got into a debate about how this group or that group feels about an issue, that would be interesting. I could not answer all of that, but I have some data. I have a good sense, based on the survey mechanisms I use in my riding. I do telephone town halls, town hall meetings, surveys, and social media. I try to communicate as many ways and with as many tools as I can, but at the end of the day, identifying what is going to persuade people to vote is my job. It is not Elections Canada's job.

On the vouching issue, I have been involved in politics for over a decade. I feel old saying that, but I spent much of my teen years and 20s spending vacation time learning how to campaign and doing something called “scrutineering”. That is watching people come to the polls and making sure there are no irregularities. I have seen irregularities happen. One just knows when something is happening. I have to think that the ability to identify someone, to take on the privilege of voting in our country, is something that we should not take lightly. Bill C-23 strikes the right balance.

Bill C-23 is saying that one should have the responsibility to identify oneself, but that let us try to provide as many forms of identification as possible to make that easy to do. For those who have been following this line of question in question period and in the House, I encourage them to go to the Elections Canada website, look at option 2 for what voter pieces of information are eligible, and read the list of eligible pieces of ID.

We talked about transient populations, aboriginal people, students who might be in homes, and seniors. Here are some things they can use as ID: attestation of residence issued by the responsible authority of a first nations band or reserve; one of the following, issued by a responsible authority of a shelter, soup kitchen, student or senior residence, or a long-term care facility; an attestation of residence, letter of stay, admission form, or statement of benefits; correspondence issued by a school, college, or university.

We are adding extra voting days through the advance polling days. We are saying there are a lot of different identification components in here. I see it as my job now to go out and make sure that people know this list exists. I had to do a little bit of Internet searching to find this. It is not front and centre.

I do not necessarily agree with all of her opinions, but I respect the member for Saanich—Gulf Islands, who has been a very active voice on this file. In the press release her party issued on February 4 when we released this bill, she said, “To improve voter turnout, we should repeal all the changes, including the photo ID requirement, that make it harder for young people...to vote.”

Right now people do not actually have to present photo ID. They can have two pieces of ID on the list I just went through, and that was not exhaustive. I did not read it all. I believe there are 30-plus different forms of identification that are still valid. If someone as educated and civically engaged as the member for Saanich—Gulf Islands does not know that we do not just have a photo identification requirement, maybe a lot of Canadians do not know what they can bring to the polls. That is the education component that we need. What the bill would do is to make it crystal clear in Elections Canada's mandate that it has to provide that service. It needs to educate voters on what they need to bring to the polls.

There should also be a component in there to make sure that political parties are educating people on what they need to bring. It is my job as a candidate to tell people what they need to bring to the polls in order to exercise their franchise. I do not see that as disenfranchisement. I see it as a collective responsibility to educate people on what they need to bring to the polls to exercise their right to vote.

I think this can be overcome. The research that my colleague, the Minister of State for Democratic Reform, has cited about irregularities relating to vouching provides a good impetus for us to address the issue in the bill. If the data were showing there were zero irregularities with this, we would be having a different debate, but the fact is that it is not. We would be remiss as parliamentarians if we did not even talk about the issue and that there is perhaps a problem here.

I was reading some of the background research that was provided on the bill and I believe that it has been shown that even with increased training for Elections Canada staff, there was still about the same level of irregularities related to vouching. This is a positive step, but having that education mandate focused on Elections Canada to tell people what identification they need to bring, having it front and centre on its website and in its communications, would be a very good and positive thing for the Canadian democratic process.

One thing in the bill that I think everyone will agree on is repeal of the ban on premature transmission of elections results. I was reading my Twitter feed when the bill came out and someone jokingly said that Canadian democracy has entered the age of the telephone. So it goes without saying that given the way that we now consume information as a country, the repeal of the ban speaks to the fact that we are acknowledging free speech rules and that this is just common sense. I am not sure if that has been talked about in debate, but it really is important and should be highlighted in the coverage of the bill.

The other very positive aspects are the rules to be in place around the public registry for mass calling, the prison time for impersonating elections officials, and the increased penalties for deceiving people out of their vote. Some of the measures we are putting in place are very positive for protecting electors when it comes to the information they are receiving about the election, including the creation of a registry of new voter contact services by telephone, and requiring registration with the CRTC of telephone service providers engaging in voter contact and any person or group engaging in the use of telephone service providers for voter contact purposes.

I encourage people to go to the democratic reform website of the government, as this particular component, as well as all of the other components of the bill, are clearly outlined there. It is very important for voters to know what the bill would do in strengthening the rules around robocalls. As well, the fact that we have to keep scripts and a record of how we have communicated to voters is a very good thing.

Another great thing is the increased disclosure requirements for political parties, candidates, and electoral associations, with a specific disclosure line in the election return for expenses incurred under the voter contact purposes by telephone.

The last component I want to speak on today is the financing component.

I often get asked, as we all do, why I ran for office. We always have issues or personal motivation, but part of why I ran was because I could.

When we compare the Canadian political system with the American system, where I believe there was over $6 billion spent on its last presidential campaign, we have a really good system that limits the amount of influence that corporations, NGOs, and any individual can have on our policy deliberations. Everyone in this room has the ability to spend time on policy without being subject to undue influence, because we are not beholden to people beyond a level of materiality that we have legislated in the House. Some of the things that we have talked about in the bill, including closing the political loans loophole, I think are very good for accessibility.

When we look at barriers to women running for office, the ability to raise funds is often something that comes up. Anything we can do to level the playing field and entry barriers for different demographics, who perhaps do not normally participate in the political process at a candidate level, I think is a very good thing. However, I have not heard anyone talk about that today. I have not heard anyone talk about how it is a very positive thing to make sure that people are on the same playing field as others who have access to a wealthy benefactor or lender. We should celebrate this measure.

I also look at the tougher penalties we are putting in place for people who are not in compliance with some of these rules. My colleague, the Minister of State for Democratic Reform, talks about sharper teeth, which are so important. When people break our democratic rules there should be penalties for that. When we look at the elements in the bill to address that, they are a very positive thing.

Also, the clarification of the rules of interpretation of the Canada Elections Act is a good thing for all of us who stand here. We all believe in a system where one is innocent until proven guilty. Knowing what the procedures would be around an Elections Canada ruling and having the ability to sit in this place while those occur is something we have a responsibility for back to our voters. People put us in this place based on exercising their franchise, which has been talked about so much in other components of this debate. To remove someone without concrete cause, I think, is something that we should be very concerned about. It could happen to any one of us here in any party. We are not condoning bad behaviour; far from it. We are saying that the rules associated with the Canada Elections Act need to be stated in a very clear and public way and applied equally in a non-partisan way. I think that is a very positive thing.

One of my purported constituents said, “Stand up for your constituents...and tell [the Minister of State for Democratic Reform] to think hard about what democratic reform really looks like...”.

I think he did. I think it is in this bill, and I commend him for all his work.

Fair Elections ActGovernment Orders

February 6th, 2014 / 4:15 p.m.

NDP

Paul Dewar NDP Ottawa Centre, ON

Mr. Speaker, I listened to my colleague's speech, which covered a lot of terrain. One of the things she was concerned about was young people voting.

Having just had a youth forum in my constituency, one of the things that came up was that they wanted to be able to access their franchise through enumeration.

In parliament in 2006-08, Bill C-31 came forward. The member would remember that it was the bill where the government wanted to put birth dates on the register. That was incredible, and I do not have to tell the member that we opposed that, but that the Conservatives were supportive of it. We finally got the Privacy Commissioner to get rid of it, and I am sure she applauded us for doing so.

My question is this. To get more people to vote, we have a very simple solution. I put it to the minister and he nodded just minutes ago and said it was a good idea. Why do we not have universal enumeration for universal suffrage? It is something we have proposed. I wonder if the member would support that.

Fair Elections ActGovernment Orders

February 6th, 2014 / 4:15 p.m.

Conservative

Michelle Rempel Conservative Calgary Centre-North, AB

That is a great point, Mr. Speaker, and why it is important to get this bill to the committee stage. In my experience, there is good discussion at committee, and I certainly hope that suggestion is put forward at committee.

The member brought up the issue of birth dates being put on polling records. I believe the bill specifies that it is just the birth years required. That is another thing this bill would do that actually hones in on that particular issue.

Fair Elections ActGovernment Orders

February 6th, 2014 / 4:15 p.m.

Liberal

Scott Andrews Liberal Avalon, NL

Mr. Speaker, I enjoyed the member's speech very much. She is very genuine in her analysis of the bill.

I want to talk about the vouching issue for a second. I respect her opinion on other voters vouching for other voters. I will put that to the side. The concern I have is about election officials, poll clerks, and returning officers at polling stations vouching for individuals. Here is the context I would like to put it in.

Each of us has about 210 polling stations in our ridings, some of which are very small in rural ridings. I am talking about 300 or 400 individuals and about 200 people voting. The poll clerks and returning officers at these stations know their community, they know the voters and their neighbours, and they have been doing this at polling stations for years. If two ladies are out for a walk and decide to go to a polling station to vote and realize they have forgotten their IDs, the poll clerk will say, “I know you are my neighbours and that you live down the street, but unless you show me a piece of ID, I can't allow you to vote”.

Would the Conservatives be open to allowing trained poll clerks and polling officials to vouch for individuals as they come in? It would help encourage people to vote, because if people have to go home to get their IDs, they will not vote. I think it is a reasonable suggestion for polling officials to be able to allow people they know to vote.

Fair Elections ActGovernment Orders

February 6th, 2014 / 4:15 p.m.

Conservative

Michelle Rempel Conservative Calgary Centre-North, AB

Mr. Speaker, when I travel abroad, I have been asked if I know Bill Smith in Toronto. While I think there is an assumption that everyone in Canada knows everyone else, without being glib, that is not the case. When we are looking at putting together a national policy on this in the bill, obviously what will work at one poll in one area of the country might not work in downtown Toronto, let us say. We have to be cognizant of the fact that there are regional differences and differences in who knows whom in different areas of the country.

That said, we want people to vote. That is the goal of this bill. As for the situation my colleague mentioned of people going to a polling station and forgetting their IDs, I believe that adding extra time for the advance polling period would be a very positive thing, because it would give people more options on when to vote. Adding the education component to Elections Canada with a very tight and rigorous mandate to tell people when they can vote, how they can vote, and what ID they need is also going to help rectify that situation.