Fair Elections Act

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

This bill was last introduced in the 41st Parliament, 2nd Session, which ended in August 2015.

Sponsor

Pierre Poilievre  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

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

Elsewhere

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

Votes

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

Fair Elections ActGovernment Orders

May 13th, 2014 / 1 p.m.


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NDP

Lysane Blanchette-Lamothe NDP Pierrefonds—Dollard, QC

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

A little earlier he spoke of the power to investigate in the event of electoral fraud and I am rather surprised at how different our interpretations are of the effectiveness of the measures in this bill for properly investigating electoral fraud.

I think everyone in the House recognizes that there was major electoral fraud in 2011 and that we must provide essential tools to those who need them in order to shed light on these incidents. Not only was there fraud in 2011, but those responsible for the fraud still have not been identified.

In his 2012-13 annual report, the Commissioner of Canada Elections raised the need for the power to compel witness testimony. The Chief Electoral Officer is calling for more power, including the power to ask for supporting documentation for the expenses claimed during election campaigns. Bill C-23 does not respond to any of those requests.

Does my colleague think that the Chief Electoral Officer of Canada and the Commissioner of Canada Elections do not know what they are talking about? Does he think that a political party is less partisan than these independent experts who are making these types of requests?

Fair Elections ActGovernment Orders

May 13th, 2014 / 1 p.m.


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Conservative

John Carmichael Conservative Don Valley West, ON

Mr. Speaker, respectfully, I disagree with the premise on which the question was launched.

The commissioner and the CEO would be separated, according to the bill. Under good governance, fiduciary responsibility is now entrenched in so many parts of our society that it is important the premise be maintained and underpinned in everything we talk about today. We would do that from the perspective of separating the CEO in managing the process and the commissioner in managing investigations and so on.

The commissioner would have the same powers that he has today, and the same powers as the RCMP. We agree that the commissioner must be free to do his job without impediment. That is why the separation of the two would fall with the commissioner working under the Director of Public Prosecutions. That way, he would, very reasonably, be able to operate in an unfettered environment and according to the fiduciary standards that are, again, inherent in our society.

Fair Elections ActGovernment Orders

May 13th, 2014 / 1:05 p.m.


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Liberal

Francis Scarpaleggia Liberal Lac-Saint-Louis, QC

Mr. Speaker, one aspect of the member's speech I want to draw attention to are the requirements to obtain an OHIP card. I wonder if we are not comparing apples to oranges here. When it comes to OHIP cards, we know that, unfortunately, people over the years have tried to defraud OHIP, but that is a very different case than trying to vote illegally.

In the case of defrauding OHIP, there is an actual financial benefit to the person who would defraud that system. However, when it comes to committing election fraud, and we are talking about one person voting who would not have the right to do so, first, it is not a financial benefit and second, it is not benefiting the person directly, but may benefit that person's candidate, party or whatever. Therefore, I do not think that is a fair comparison.

I would like the hon. member's comments on that.

Fair Elections ActGovernment Orders

May 13th, 2014 / 1:05 p.m.


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Conservative

John Carmichael Conservative Don Valley West, ON

Mr. Speaker, let me be clear. I did not want to use the comparison to necessarily say that one equals the other. Clearly, there are differences between OHIP and the right of a voter.

In fact, the privilege and the right to vote is more important than any other democratic standard we have available to Canadians today. I merely pointed that out to the degree that from an identification process, the Ontario health insurance program has rigid rules and processes in place where one simply cannot get a health card without three very well-defined pieces of identification, including photo identification.

I believe, very consciously, that our right to vote is the greatest privilege we as Canadians have today. To that end, we must take very seriously the identification processes, the issue of eliminating vouching to the degree that we have for identity as a mandate to ensure we uphold the very highest level of electoral standard that we possibly can.

Clearly, I outlined that in my presentation today.

Fair Elections ActGovernment Orders

May 13th, 2014 / 1:05 p.m.


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Bramalea—Gore—Malton Ontario

Conservative

Bal Gosal ConservativeMinister of State (Sport)

Mr. Speaker, I want to thank my colleague for an excellent interpretation of the fair elections act. It is greatly appreciated by Canadians, after travelling around and talking them about the identification about which the member talked.

When my colleague went back to his riding and consulted with the people who elected him, what were their views on the fair elections act?

Fair Elections ActGovernment Orders

May 13th, 2014 / 1:05 p.m.


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Conservative

John Carmichael Conservative Don Valley West, ON

Mr. Speaker, I was involved actively at the grassroots level talking to my constituents. Clearly, there have been opinions on both sides, but any time I talked to my constituents in Don Valley West about vouching, they mirrored or exceeded the 87% of Canadians who were polled in the Ipsos poll of April 24. They said that it was a reasonable expectation that identification should be proven by the voter.

I have talked to Canadians within my riding, across the city of Toronto and, in fact, across Canada as I have had opportunity. Also, I should add, in my riding I led a round table discussion on this very issue at the Canadian National Institute for the Blind to address issues of voting for the disabled, in this case, the sight impaired and the blind. Clearly, our position on this is well entrenched in the minds of the people to whom I have talked, and they are very supportive.

Fair Elections ActGovernment Orders

May 13th, 2014 / 1:05 p.m.


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NDP

Alain Giguère NDP Marc-Aurèle-Fortin, QC

Mr. Speaker, I appreciate the speech of my distinguished colleague with whom it is always a joy to work.

The problem is that the bill was introduced without consensus of Parliament. That is a problem. This is the first time in the history of Canada that a political party is introducing a bill that tips the scales in favour of its re-election. Generally speaking, for electoral law to be credible in the public's eyes, it not only has to be independent, but it also has to have the appearance of being independent. In that sense, Bill C-23 has completely missed the mark.

Every stakeholder, every editorial writer, every representative from the Barreau du Québec and every stakeholder on the electoral front have said that this is a bad bill. Thankfully some amendments were proposed. Indeed, we went from an unacceptable and anti-democratic bill to just a bad bill. It is still bad because no one approves of it except for the Conservatives.

Is it okay for legislation as important as the Canada Elections Act to be introduced without consensus?

Fair Elections ActGovernment Orders

May 13th, 2014 / 1:10 p.m.


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Conservative

John Carmichael Conservative Don Valley West, ON

Mr. Speaker, in my speech, I talked about the extent to which the committee opened its doors and heard the views of Canadians, many eminent and very well-respected Canadians, who took the time and energy to come to Ottawa to present their testimony as witnesses at committee.

In my numbers, just to reflect briefly, the committee had a long and extensive study, with 15 meetings, accounting for roughly 31 hours of study. This was no trivial exercise. This was an extensive study in the House. There were 72 witnesses who appeared at committee. I should also mention that, with regard to my hon. colleague's comment, we allowed every witness the opposition brought forward to committee to testify. That is an incredible statement.

It ran hearings across the country and brought a series of witnesses for whom the government, the committee itself, opened its doors to and clearly heard from.

I believe the democratic process has been well entrenched in the bill and that hearing the opinions of Canadians has been more than adequately met.

Fair Elections ActGovernment Orders

May 13th, 2014 / 1:10 p.m.


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NDP

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

Mr. Speaker, the Conservatives are yet again showing their contempt for our democracy by restricting debate on a bill that addresses such an important issue as electoral reform.

Bill C-23 would make significant changes to the quality of our democratic institutions without in-depth public consultations and without the expert opinions of the Commissioner of Canada Elections and the Director of Public Prosecutions, or even the Chief Electoral Officer.

This bill is quite simply a partisan stunt on the part of the government, which sees this bill as a way to hold on to power. This bill is an attack on the democratic rights of vulnerable groups.

Now, in order to vote, a voter is able to present their voter information card or show up with someone who can vouch for their identity. However, the Minister of State for Democratic Reform wants to eliminate that possibility because he claims that:

...one out of six electors may get a card with the wrong address. That allows some to vote in a different riding than they live in, or to potentially vote more than once.

Instead of fixing this problem, the government chose to eliminate this option altogether, which will have some serious consequences for some groups. During the last election, Elections Canada made a special effort to use voter information cards in various situations, in order to make it easier to vote for certain segments of society who have lower voter turnout, such as aboriginal people living on reserves, young people on campuses or seniors living in seniors' residences.

The provision allowing someone to vote with a voter information card along with a piece of ID, which will be abolished, was used successfully during the last election and it received an incredible amount of positive feedback.

The minister certainly loves to claim over and over that a person will be able to use 39 different pieces of ID to prove their identity. However, what he is forgetting is that only a few of these pieces of ID show a person's address. I repeat: only a few. For example, a health care card does not have an address, nor do passports and student cards. I could go on. As a result, a number of people will have to present two documents to have the right to vote, and those documents will have to be from the list.

As we all know, voter turnout in Canada is plummeting. Why is the government making it more difficult for seniors, students and aboriginal people living on reserves to vote by prohibiting the use of the voter information card as proof of address?

I am also concerned about another related factor. This bill prevents the development of electronic voting. From now on, Elections Canada will have to seek Parliament's approval to set up pilot projects of this kind. The purpose of Elections Canada is to improve our electoral system. Electronic voting would allow seniors and people with disabilities to vote, but again the government is turning a deaf ear and restricting Elections Canada's work.

The government is amending the law in its favour by changing the funding rules. This is a thinly veiled attempt by the Conservatives to serve their own interests by increasing the maximum annual donation from $1,200 to $1,500. The Conservatives are doing the exact opposite of what they say they are trying to do, which is reduce the influence of big money in elections.

The fact that candidates will be able to invest $5,000 in their own campaigns will give those with the ability to do so a significant advantage. What kind of democracy is that?

The NDP proposed close to 100 amendments to improve this bad bill. None of the substantial amendments proposed by the NDP were accepted by the Conservative Party, which of course had a majority in committee. One of these amendments sought to remove the provision on funding. Unfortunately, it was rejected, much like most of the NDP's amendments.

In a move that showed their contempt for Canadian democracy, the Conservatives shut down the work of the committee that was examining the electoral “deform” bill when half of the amendments proposed by the NDP had not even been debated yet.

Since this government came to power, it has done nothing but restrict Canadians' rights. It abuses its majority to impose bills that are not in the best interests of Canadians.

This is another sham of a debate. The Conservatives have once again imposed a time allocation motion, which prevents us from conducting an in-depth examination of this elections bill. The way the government is behaving and preventing us from fulfilling our parliamentary mandate is shameful. We are being silenced. The government must know that it needs a consensus to change the Elections Act. It should not be resorting to the tyranny of the majority to impose changes that serve its own needs.

Mr. Speaker, excuse me, but I would like to let you know that I am going to share my time with my colleague from Châteauguay—Saint-Constant.

The Conservative government wants to make the voting process more difficult for the most vulnerable Canadians, especially those who do not support their ideology. It is a form of discrimination that calls to mind some American practices under the Bush Republican presidency.

How can we encourage Canadians to participate in their country's democratic process when their institutions are broken?

Obviously, I oppose this bill, and I encourage my colleagues to do so as well, in the name of democracy.

Fair Elections ActGovernment Orders

May 13th, 2014 / 1:20 p.m.


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NDP

François Choquette NDP Drummond, QC

Mr. Speaker, I would like to thank my colleague for her excellent speech. She did a remarkable job in clearly explaining the whole anti-democratic nature of this bill. Changes should not be made to democratic institutions without first consulting the opposition parties and the civilian population to ensure there is a consensus.

We know that in Quebec, the province I represent, a change was made recently to our democratic institutions to reduce party funding to $100 a person, instead of increasing it. You heard that right: $100 a person. Why did they do that? To limit the influence of corporations that might then ask the government for benefits that the corporations would feel were owed to them.

This amendment to the Quebec legislation was adopted unanimously. A consensus was obtained before the bill was introduced. Unfortunately, the Conservatives did not do their job. They did not try to obtain a consensus by drafting a good bill that would have supported democratic reform for the good of Canadians. Unfortunately, the Conservatives are not representing Canadians through this bill. They are only representing the Conservatives, which is appalling. When you are elected to government, you must represent all Canadians, not just the interests of the Conservatives.

I wanted to add that comment to my colleague's excellent speech. I do not know whether she wants to add anything about the need to obtain a consensus before reforming democratic institutions or about the need to reduce the limit of donations from Canadians instead of increasing the power of money.

Fair Elections ActGovernment Orders

May 13th, 2014 / 1:20 p.m.


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NDP

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

Mr. Speaker, I would like to thank my colleague for his pertinent and very clear comment.

As he mentioned, in Quebec we are working on transparency and reducing the influence of money in politics. Unfortunately, since arriving in the House, I have the impression that this Conservative government does not have a handle on reality, or that it is wearing blinders and is making a beeline for its objective, which serves the interests of the Conservatives and not of Canadians.

Once again, today's debate is a charade. Things must change. We have to talk to one another. We are in Parliament and the word “parliament” contains the French word “parler” or to talk. Unfortunately, that is missing from the government's actions.

Fair Elections ActGovernment Orders

May 13th, 2014 / 1:20 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I wonder if the member could provide comment on the fact that the Elections Act and the Parliament of Canada Act are fundamental to our democracy, and changes to them must be achieved by a broad consensus and backed by solid evidence. This is something we in the Liberal Party would advocate in the strongest ways.

Once again, through closure, the government is forcing the vote later on today. I wonder if the member might comment on how important it is, when we pass this type of legislation, that it is done with a broader sense of consensus, as opposed to the manner in which the majority Conservative government has used its majority to push through this Conservative election act. It was done without any consultation from organizations such as Elections Canada and many other stakeholders, including political parties that are in opposition to the government.

Fair Elections ActGovernment Orders

May 13th, 2014 / 1:25 p.m.


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NDP

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

Mr. Speaker, I would like to thank my Liberal colleague for his pertinent question.

As I mentioned earlier, there is a complete lack of transparency with this government. Everything is opaque and everything serves its interests. We can no longer have faith in the Conservatives and in the Minister of State for Democratic Reform when it comes to improving election laws. That was clear when the committee was shut down even before the NDP had a chance to move all its amendments.

Unfortunately, as my colleague clearly said, this government is using its majority to impose the rule of tyranny on Canada's Parliament.

Fair Elections ActGovernment Orders

May 13th, 2014 / 1:25 p.m.


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NDP

Sylvain Chicoine NDP Châteauguay—Saint-Constant, QC

Mr. Speaker, I would describe today as a very dark day. In fact, it is the last day of debate on Bill C-23, the government's electoral “deform”, as we rightly refer to it.

This bill was not introduced with a view to better protecting our democracy and our electoral system. Changes are being made to benefit the Conservatives in the next election. Tactics include voter suppression and the ability to continue to get around the election rules without the slightest concern.

What the government is doing today is outrageous. It is steamrolling over the opposition parties. This is actually the first time in Canadian history that a government has used its majority to impose its views and anti-democratic changes, without coming to an agreement with anyone, with any of the opposition parties or members of civil society. Everyone is against this bill; that is unanimous. Seldom have we seen all segments of civil society join forces to speak so strongly against a bill.

The content of this bill is anti-democratic. In addition, true to form, the Conservatives trampled over and circumvented our Parliament's democratic procedures in the way they introduced and debated this bill in the House. Showing contempt for Canadian democracy, the Conservatives once again imposed time allocation motions, which means that debates were limited. In fact, this is the first time I have been able to speak to the bill. I have not been able to do so previously because debates on bills are constantly being limited. Some of my colleagues definitely would have been interested in speaking out against this terrible bill.

Furthermore, the Conservatives put an end to the committee's study of this electoral “deform” bill, even though half of the amendments proposed by the NDP were not even debated.

Furthermore, the first draft of this bill was extremely outrageous. This one is a bit better, but it is still outrageous. This shows that the government has no respect for its democratic institutions. It proposed amendments that elected members of Parliament themselves had submitted during the parliamentary committee's study. It wanted to change Canadian democracy by first studying this bill in the Senate. It is rather ironic that the government would propose amendments in the Senate and that an unelected chamber would make changes to our democracy. That is absolutely ridiculous. Furthermore, this shows what kind of respect this government has for its democratic institutions.

The Conservatives rejected the amendments that would have given investigators the tools they need to combat election fraud, that would have kept Elections Canada independent from government and that would have given the Chief Electoral Officer the right to encourage Canadians to vote.

The Minister of State for Democratic Reform did not even consult the CEO on this bill. He misled the House during question period. He indicated that he had consulted the CEO, but that was absolutely not true.

The minister has been going after Elections Canada for years, and more recently he has been going after the Chief Electoral Officer by undermining his credibility and attacking him, as he has done with all the officers of Parliament. That is absolutely outrageous and disgraceful on the part of a government.

The minister has been going after Elections Canada for years. He says that this agency is biased because it has criticized the Conservatives' non-compliance with election laws. They were caught with the in and out scandal. I want to explain to Canadians what that scandal involved. In Canada, each party has a maximum amount for election spending. They circumvented this maximum by diverting funds through riding associations that had $90,000 maximums but where the party had no chance of winning. These associations were made to pay invoices that should have been charged to the national party. The party was circumventing the law.

The Conservatives got caught and pleaded guilty. This bill will allow them to keep circumventing election laws without being concerned about the Chief Electoral Officer or the commissioner, even though he has some investigative powers. The Conservatives want to get rid of all of the measures so that they can keep bending the rules illegally without the slightest concern. We need to keep in mind that the Conservative database was used to send voters to the wrong polling station.

Instead of complying with election laws, the Conservatives decided to take direct aim at Elections Canada by limiting its investigative powers, even though they voted in favour of the motion we moved in 2012 that called for more investigative powers for the Chief Electoral Officer. Elections Canada's powers were completely eliminated, thus allowing the Conservatives to keep bending the rules without a care in the world.

Our party, all of the opposition parties and Canadians in general oppose this bill. Canadians from coast to coast voiced their disapproval. Faced with such a public outcry, the Conservatives had no choice but to back down on some fundamental aspects of the original bill.

We obtained a number of concessions, which proves that the NDP is a strong opposition, worthy of being the government in waiting. Soon, we will no longer be waiting because we will form the government in 2015. I would remind the House that in the wake of the robocall scandal, it was the NDP that demanded changes to the Elections Act, notably to strengthen the powers of the Chief Electoral Officer, not weaken them as the government is currently doing.

The NDP is there to protect Canadian democracy. We stand at the ready when the government attacks our democracy. We are there to make sure the government is accountable to Canadians.

One aspect of the bill that the government partially backed down on is the Chief Electoral Officer's ability to participate in public education campaigns to increase voter participation, which is plummeting. The government wanted to see those numbers drop even further in the next election so that it would increase its chances of getting re-elected.

The Chief Electoral Officer will no longer have the authority to educate Canadians about the importance of voting. From now on, the Chief Electoral Officer will only be able to publicize certain aspects of the voting process, namely, when and where to vote. Unfortunately, they are limited to just that. The Chief Electoral Officer will no longer be allowed to reach out to certain groups to help them encourage voter turnout among the people they represent.

We feel that public education is an essential function of the Chief Electoral Officer and that these changes will certainly not help boost voter turnout, but will instead have the opposite effect and lower turnout among young people, seniors and aboriginal groups living on reserves. All these groups will have more difficulty voting because, in a way, their right to vote will not be recognized.

Canada's Democracy Week, which was organized by Elections Canada, is a glaring example. From now on, Elections Canada will no longer be able to organize this important week to raise awareness about democracy.

Furthermore, the Chief Electoral Officer will have to ask the Treasury Board for permission to hire private companies to help in conducting an investigation or drafting reports like the report on the robocalls case. The government will be interfering in the work of an officer of Parliament, who must have complete independence from the government. The Treasury Board's control is unacceptable.

As I mentioned previously, one of the bill's main objectives is voter suppression. Someone using a voter information card as proof of address will be prevented from voting under this bill. That provision will create serious problems for Canadians who have difficulty providing proof of address when they go to vote.

Students, seniors and aboriginal communities are affected by this change.

Since I do not have a lot of time left, I just want to say that we have been strongly opposed to this bill from the start and will continue to be until the end. In a few hours, we will continue to denounce this dishonest strategy the government is using to try to secure its re-election.

Fair Elections ActGovernment Orders

May 13th, 2014 / 1:35 p.m.


See context

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, as we have pointed out in the past, one of the greatest deficiencies within this legislation is the government's failure to recognize the importance of compelling a witness. In the last federal elections we saw literally thousands of Canadians from all across our country who expressed concerns in regard to public confidence in the last federal election. One of the ideas that came out of that was that Elections Canada needed to have the ability to compel a witness.

I see my colleague, the former MLA from Burrows in the Gallery. He would recall that Elections Manitoba has the authority to compel a witness, as an example. There are other jurisdictions that have the authority to compel.

We had the Chief Electoral Officer come before the committee, along with the Commissioner of Canada Elections. They both felt that it was important to strengthen our election laws so that they would have the ability to compel a witness. The government has decided not to enable them to compel. Thereby, we in the Liberal Party would argue that it is a fundamental flaw within the legislation, and we have challenged the government to allow for--