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

May 12th, 2014 / 1:20 p.m.

Conservative

Stella Ambler Conservative Mississauga South, ON

Mr. Speaker, I think the consensus is clear in terms of what Canadians want to see, and that is fair elections.

From the Ipsos poll that was released last week, 87% of Canadians thought a person should have a piece of identification to vote. To me, this means Canadians wanted legislation on this, and we have provided that as a government.

Absolutely, there will be disagreement. That is where the consultation came in, and I talked about that at the beginning of my speech. Changes and amendments were made based on the feedback that came from those consultations.

Fair Elections ActGovernment Orders

May 12th, 2014 / 1:20 p.m.

NDP

José Nunez-Melo NDP Laval, QC

Mr. Speaker, yesterday, Mother's Day, was a very happy day in my riding. I had the opportunity to visit a seniors' residence, which hosted a number of wonderful activities. Everyone was happy and was having a good time. The weather was nice as well. People were happy and content.

I could not help but think that this was a break for those who had told me they were worried about the election reform introduced by the Minister of State for Democratic Reform. Just a few minutes ago, my hon. colleague from Mississauga South mentioned seniors. Yesterday, older mothers were celebrating, but they also told me that they were wondering where the government was going with this election reform.

They are very worried because they have been voting with their voter information cards for quite some time and there has never been a problem. Furthermore, most seniors' residences have a polling station in the lobby. Everyone knows each other and knows who lives there. These people do not need all kinds of other ID cards.

These people are very worried, and they shared their concerns with me. Furthermore, they are discouraged by this government's attitude, especially in committee, where it imposed time allocation to limit debate. They listened to the testimony from the witnesses who were called at third reading.

The amendments proposed by the Conservatives—we will see later today—do not reflect the amendments our caucus proposed. This leaves much to be desired, since our caucus's slogan is “Working together”.

Unfortunately, members on the other side of the House do not share this perspective. They are stubborn and, since they have a majority on all the committees and even here in the House of Commons, this arrogant attitude leaves much to be desired. My constituents tell me this on a regular basis when they respond to my mail-outs or call me directly. Voters took advantage of my presence in my riding two weeks ago to come and see me. They told me that changes need to be made in the House of Commons.

Because of the way these people shared their concerns, I do not believe that they intend to wait until October 2015 to see such changes. They are concerned because this electoral reform is going to cause major upheaval. The arrogant and negative attitude of our colleagues opposite bothers people. They think it shows a blatant lack of respect for Canadians.

The Conservatives have demonstrated that lack of respect on more than one occasion, when they have attacked the Chief Electoral Officer, the former auditor general and many politically savvy people with strong opinions. These individuals have told the Conservatives directly not to take this reform any further because it is unconstitutional and undemocratic. However, the Conservatives are not listening.

I would also like to talk about the terrible provisions set out in this bill. I am very concerned about the fact that the Chief Electoral Officer is having some of his authority taken away. Historically, the Chief Electoral Officer has had the mandate to coordinate any action required to elect a government in Canada. If that person has to deal with a lot of statutory or regulatory obstacles, democracy will be dealt a severe blow. Many people are concerned about this.

In previous years, Canada had a very good international reputation. Our country was an almost perfect example of democracy. Human rights were recognized here. Everyone was free. People could work and live comfortably.

In my opinion, this will definitely be the last Conservative government. As we have seen in the past, the Conservatives do not seem to want to let go. The government is being stubborn and wants to cling to power. Since they have a majority, the Conservatives are making all sorts of changes so that they might have the chance to stay in power longer.

A prime example is the Conservatives' current reform of the Elections Act. Their plans will give them every advantage. They are increasing the amount that an individual can donate from $1,200 to $1,500. Additionally, candidates can inject $5,000 of their own money into their own election campaign. This will obviously benefit the wealthy in our society. They will be able to run for office and will have a better chance of winning, no matter the riding.

There is something else bothering many people in Laval and across Canada. I frequently receive letters from people in Ontario, especially members of the Latin American community who know me. They tell me about their concerns, which I forward to their MP. They are concerned that the Commissioner of Canada Elections will lose some of his rights. That is unacceptable.

We are opposed to these election reforms.

Fair Elections ActGovernment Orders

May 12th, 2014 / 1:30 p.m.

NDP

Alexandrine Latendresse NDP Louis-Saint-Laurent, QC

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

I would like to ask him a very specific question about the process that took place while this bill was studied. We know that a bill to amend an electoral law usually entails extensive consultation from the very beginning. The opposition parties and electoral agencies should have an opportunity to explain what is required in our Canada Elections Act. In fact, this bill concerns everyone and strikes at the very heart of our democracy.

I would like the member to comment on that. Does he believe that the Conservatives' efforts with respect to changes to the Canada Elections Act were sufficient given the magnitude of the bill?

Fair Elections ActGovernment Orders

May 12th, 2014 / 1:30 p.m.

NDP

José Nunez-Melo NDP Laval, QC

Mr. Speaker, I thank my distinguished colleague from Louis-Saint-Laurent.

What happened in committee is troubling. I am not sure if you watch the news on television very often, Mr. Speaker, but nearly all the political commentators have said they are shocked by the attitude of the committee's Conservative majority. The Conservatives did not listen to anyone. They practically muzzled everyone. They said we could bring forward some witnesses, who would each have their turn to speak, but the Conservatives did not listen to them and adjourned the meeting. We put a lot of work into this. We must thank our honourable colleague from Hamilton Centre for standing up to them. That is what happened.

The Conservatives showed a rather arrogant attitude by imposing this reform and making it appear as though they were giving people the opportunity to express themselves. That was not true.

Fair Elections ActGovernment Orders

May 12th, 2014 / 1:30 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I want to continue on with the member's reference to committees.

The Liberal Party critic had the opportunity to introduce dozens of amendments, some of which were fairly substantial in their very nature, such as allowing Elections Canada and the commissioner to compel witnesses. The New Democratic Party also brought forward amendments.

As a result of time allocation, many of those amendments were never even discussed. At 5 p.m. on May 1, using its majority, the government passed or did not pass all of the amendments without any due process. That speaks volumes. The same thing applied for second reading and the same thing applies at report stage and will apply at third reading. The government continually uses time allocation.

Bill C-23 is a one-party piece of legislation. It is a Conservative Party bill and that is it.

I am wondering what the member has to say with regard to the way in which the Conservative government has been pushing this legislation through with a lack of respect for the opposition, which in essence, demonstrates a lack of respect for all Canadians.

Fair Elections ActGovernment Orders

May 12th, 2014 / 1:35 p.m.

NDP

José Nunez-Melo NDP Laval, QC

Mr. Speaker, I want to thank the hon. member for Winnipeg North for his comment and question.

He is absolutely right. He reiterated what we have been seeing in most of the committees with a Conservative majority. What is more, the Conservatives are pushing through their bills and anything else they want.

The member is right about our caucus, and our representation on such a committee. If memory serves me correctly, a hundred or so amendments were proposed. I think that fewer than half were read, consulted, verified or anything. The Conservatives made it clear from the outset that they did not want to listen. They keep moving time allocation motions and limiting the speaking time of our representatives but never make any mention of that.

My colleague from Winnipeg North is absolutely right. That is their strategy. That is what they want to do.

Fair Elections ActGovernment Orders

May 12th, 2014 / 1:35 p.m.

Conservative

Wladyslaw Lizon Conservative Mississauga East—Cooksville, ON

Mr. Speaker, I am very honoured to speak to Bill C-23. There has been a lot of misinformation on the subject, and I am happy to have the opportunity to clarify at least some of it, and clarify why our Conservative government is putting forward the fair elections act.

A system can never be perfect, but we can always work toward improving it one step at a time. This is the very reason why the government put forward the fair elections act. This bill is designed to protect the fairness of federal elections and to ensure that all citizens are in charge of our democracy. Democracy becomes susceptible to threat when the rules are not given the proper respect. Therefore, it is our duty as citizens, and as members of the House, to protect its integrity as that in itself protects our freedom to live in a democracy.

The fair elections act would strengthen democracy by making it harder for people to break the law. The act would implement 38 of the Chief Electoral Officer's past recommendations. The first of many changes would be the process in which the commissioner of Canada Elections is appointed. It would establish that the commissioner is to be appointed by the director of public prosecutions for a seven-year term and could not be dismissed without cause. The commissioner would have full independence, with control of his or her staff and investigations. The act would permit the commissioner to publicly disclose information about the investigations when it is in the public interest, which would improve transparency.

The act would add a section that deals with voter contact calling services. Among other things, this section would require 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. It would become a requirement for the Canadian Radio-television and Telecommunications Commission to 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 filed.

The fair elections act would give law enforcement more tools to protect the integrity of our elections by allowing the commissioner to seek tougher penalties for existing offences. It is our full intention to not allow a fast and loose approach with the rules of democracy. For more serious offences, the bill would raise the maximum fine from $2,000 to $20,000 on summary convictions, and from $5,000 to $50,000 on indictment. For registered parties, it would raise the maximum fine from $25,000 to $50,000 on summary convictions for strict liability political financing offences, and from $25,000 to $100,000 on summary convictions for political financing offences that are committed intentionally. For third parties that are groups or corporations that failed to register as third parties, the bill would raise the maximum fine to $50,000 for strict liability offences, and to $100,000 for offences that are committed intentionally.

By establishing tougher penalties, our Conservative government would deter the occurrences of offences, intentional or unintentional.

To encourage voter turnout, the bill would make it easier for voters to participate in the democratic process. The fair elections act would provide an extra day of advance polling. The additional day of voting would take place on the eighth day before polling day, creating a block of four consecutive advance polling days. This amendment would surely make it easier for Canadians across the country to vote.

It would also improve transparency by allowing the establishment of an advisory committee of political parties to provide advice to the chief electoral officers on matters relating to elections and political financing. It would amend the act to provide for the appointment of field liaison officers based on merit, to provide support for the returning officers, and to provide a link between returning officers and the Office of the Chief Electoral Officer.

The fair elections act aims to respect democratic election results. There are occasions, and my colleague spoke to this before, when the Chief Electoral Officer disagreed with the elected MPs' election expense returns. When this occurs, the MP can no longer sit or vote in the House of Commons until the expense return is changed to the CEO's satisfaction. This prevents the democratically elected member of Parliament from representing his or her constituency. The fair election act would allow the MP to present the disputed case to the courts and to have a judge quickly rule on it before the CEO makes the suspension.

In Canada, we are seeing a trend where money from special interest can drown out the voices of everyday citizens. The fair elections act would let small donors contribute more to democracy and prevent illegal, big money from sneaking in the back door.

Although the fair elections act would allow small increases in spending limits, it would be done to ensure that parties have enough resources to increase their outreach efforts and help encourage voter turnout. At the same time, this bill would impose tougher audits and penalties to enforce those limits.

This bill would help ensure that voter fraud does not occur by strengthening the rules around voter identification. With respect to voter ID, the act would be amended to require the same voter identification for voting at the Office of the Return Officer in an elector's own riding as it requires for voting at ordinary polls. It would also prohibit the use of voter information cards as a proof of identity.

It would eliminate the ability of an elector to prove their identity through vouching, and require an elector whose name was crossed off electors' lists in error to take a written oath before receiving a ballot. I want to explain why this is important. With a democracy comes responsibility. As a voter, I am responsible for providing proper identification so that I can participate in the democratic process.

Voting is one of the most important privileges and duties that we get to enjoy, so it is extremely important that we do not treat it lightly, that we take it seriously and meet all of the requirements.

Members of all parties have noted that the rules can be unclear. It is our intention that the fair elections act would fix that identified problem by making rules for elections clear, predictable, and easy to follow. These are a few changes that are proposed in our bill. I believe that the fair elections act would protect the integrity of fair elections by improving transparency and enacting tougher penalities for rule breakers.

What our government understands is that Canadians overwhelmingly support this bill. As was mentioned before, 87% of people polled believe it is reasonable to require someone to prove their identity and address before they vote.

In conclusion, I would like to ask all members of this House to support the bill in order to bring democracy in this country to a higher level.

Fair Elections ActGovernment Orders

May 12th, 2014 / 1:45 p.m.

NDP

Alexandrine Latendresse NDP Louis-Saint-Laurent, QC

Mr. Speaker, I listened closely to the remarks made by my colleague from Mississauga East—Cooksville. I am a member of the Standing Committee on Procedure and House Affairs, which studied this bill. I would like him to comment on the fact that most of the hundreds of amendments the opposition presented could not even be debated in committee, and that even the amendments we were able to debate were systematically rejected, without exception.

However, some of the amendments were absolutely reasonable and would really have improved the bill.

I asked several direct questions because I wanted answers about how some parts of the bill would affect our democracy. The Conservatives provided no justification whatsoever for some of their changes.

I would like him to justify that kind of attitude with respect to such a significant act, the Canada Elections Act, and with respect to changes that will affect our democracy in general.

Fair Elections ActGovernment Orders

May 12th, 2014 / 1:45 p.m.

Conservative

Wladyslaw Lizon Conservative Mississauga East—Cooksville, ON

Mr. Speaker, this is a process that every bill goes through. We have debate in the House at second reading, then third reading, final reading. The bill goes to the committee and is discussed. There are some amendments that will be voted on, I believe, today. Some amendments are accepted in the process and some are not. This is a democratic process.

We, as members of Parliament, represent our constituents, and I suppose every member has had some kind of contact with constituents on this bill. I did. I received responses. There are some people who are against it. However, in my riding of Mississauga East—Cooksville, most of the responders strongly support the bill.

Fair Elections ActGovernment Orders

May 12th, 2014 / 1:45 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, it is important that we are very clear that this is not a normal piece of legislation. This is a law that would change the rules of the game in terms of democracy.

In the member's concluding remarks, he appeals to members to vote in favour of the bill. He is asking individual members to vote for the bill. I respect that. In fact, the leader of the Liberal Party has challenged the Prime Minister to a free vote on this very important piece of legislation.

The member made reference to bringing democracy to a higher level. Let us talk about the bill and how important it is because it would change our election laws. Let us talk about how it is that the Prime Minister should allow for a free vote on this issue.

Does the member recognize, given the very nature of the legislation from the moment it was introduced to the House to where we are today, that it is important that the Prime Minister allow for members of this House to have a free vote? It would change our election laws, something which would have a very significant impact going forward.

Fair Elections ActGovernment Orders

May 12th, 2014 / 1:50 p.m.

Conservative

Wladyslaw Lizon Conservative Mississauga East—Cooksville, ON

Mr. Speaker, I do truly believe that the bill would bring democracy in our country to a higher level.

As I mentioned in my speech, the fair elections act would reflect on the recommendations that were given by the chief electoral officers. It reflects on the fact that there were irregularities in the past elections: reference the Supreme Court case.

This was all taken into consideration and addressed to improve the democratic process at our federal elections.

Fair Elections ActGovernment Orders

May 12th, 2014 / 1:50 p.m.

NDP

Alexandrine Latendresse NDP Louis-Saint-Laurent, QC

Mr. Speaker, I am happy to have this opportunity to speak to you today about Bill C-23 at report stage. We are studying the report that the committee produced about this bill to change our elections legislation.

To begin, I would like to talk about the process because there are some major problems with the process that Bill C-23 has gone through so far. I have been a member of the Standing Committee on Procedure and House Affairs for three years now, so I have heard from the Chief Electoral Officer, the Commissioner of Canada Elections and various Elections Canada employees on the subject of our elections legislation many times.

Three years ago, we studied the report of the Chief Electoral Officer, who recommended changes to our elections legislation. He said that parts of the bill should be amended to improve democracy in Canada. We worked on that for months, and the committee produced a report that included an analysis of each of the Chief Electoral Officer's recommendations.

After the robocall scandal broke, the NDP moved a motion in the House calling on the Conservatives to amend the Canada Elections Act, in particular to give Elections Canada the investigative powers it needed to request all necessary documents from political parties to ensure their compliance with the Elections Act.

Under the existing legislation, all candidates from each riding and political party must produce the documents requested by Elections Canada, such as invoices or other documentation, to verify their election spending. However, although $33 million was given to political parties during the last election, these parties did not have to submit any documentation. Elections Canada must simply assume that everything is fine and that the parties are complying with the Canada Elections Act.

I think this is one of the major flaws of Bill C-23. The Chief Electoral Officer has been calling for this very important power for a very long time. This power would help him investigate cases of fraud. However, when Bill C-23 was introduced, the bill did not provide for this power.

The motion I mentioned was unanimously passed by the House nearly two years ago and it contained that provision. However, when the bill was introduced, that provision was not there. I do not know when the government decided to change its mind. Perhaps it was when the court found that it was the Conservatives' database that was used in the robocall scandal. I do not know. The Conservatives tend to be rather unhappy when Elections Canada investigates cases of fraud, since they are generally the guilty ones.

Several months after we moved our motion, the minister of state for democratic reform at the time announced that he would introduce an election reform bill the following Thursday. However, on the Wednesday afternoon, right after the parties' caucus meetings, the bill mysteriously disappeared. Poof, no more bill. It was as though it never existed and it was never mentioned again.

Everyone wondered what had happened and where the electoral reform bill went. We will never know. We do not know what exactly was in the bill. We did not hear of it again until this past winter, when the new Minister of State for Democratic Reform introduced Bill C-23.

Not only does this bill not contain the powers requested by the Commissioner of Canada Elections and the Chief Electoral Officer or any of the requested measures that should be part of electoral reform, but it also includes changes that are both unjustified and downright harmful to our democracy. The government is trying to pull the wool over Canadians' eyes so that they do not realize that it is failing to do what needs to be done to improve democracy in Canada.

For example, how does it make sense to move the Commissioner of Canada Elections into the Office of the Director of Public Prosecutions? We have no idea. The Conservatives say that it will make him more independent.

However, both the current and the former commissioners came to tell us that this move would not make the commissioner more independent and that it would instead interfere with his work. The Conservatives are telling us that it will help the commissioner, but the Commissioner himself is saying that he does not need to be more independent and that he does not understand the need for the changes.

This is all a show to hide the fact that the Commissioner made specific requests. He said that he is the one who investigates electoral fraud, and he told us specifically what would be really helpful to him during investigations. Nothing came of that. Instead, they are playing chess. The pieces are being moved around but nothing at all has changed in terms of the Commissioner's ability to properly investigate fraud.

There have been major problems throughout the process. When the Conservatives introduced the bill, we suggested that it be sent to committee before second reading. Basically, that would have given witnesses the opportunity to talk about what is in the bill. We would have had far greater flexibility to change various elements and produce the best electoral reform possible. That is the goal, really. I am certain that everyone wants that. The witnesses who would have appeared could have told us what needed to be changed.

Then we would have had a meaningful debate at second reading. The Conservative majority would not have imposed its will. The Conservatives decided to change everything just because they felt like it and because it would be to their advantage. This bill amends one of the most fundamental statutes in Canada. It affects 34 million Canadians. It affects every Canadian's right to vote. There was no pre-consultation with the Chief Electoral Officer, the commissioner or the political parties: no one. The Conservatives show up with this bill and force it down our throats, telling us it is good enough.

Now, because we fought quite hard and told the Conservatives that they could not just change the Canada Elections Act like this, they ended up backing down on some of the points that I thought were the most damaging. The only amendments proposed and adopted in committee—obviously those proposed by the government—mitigated some of the most troubling aspects of the bill. However, this does not change the fact that the bill fundamentally poses a lot of problems. Given the choice between the Canada Elections Act in its current form and Bill C-23, even amended, I would choose the Canada Elections Act because this bill includes too many changes and has too many flaws and problems to be acceptable.

In short, when the Conservatives introduced Bill C-23, it was a very bad bill. Currently, with the amendments, it is a very bad bill. The amendments do not go far enough for me to support this bill.

Now, how did things go in committee? Dozens of witnesses came to tell us that there were major problems with the bill that absolutely needed to be addressed and that the bill did not make sense. Finally, they managed to push hard enough that the government backed down a little on some things. However, overall, did the government representatives in committee listen to the witnesses? Did they really listen to the proceedings and take witnesses' opinions into consideration? I do not think so. The witnesses, who are experts on the subject, raised many points that did not find their way into Bill C-23 or the amendments. I guess we will have to wait for a new government in 2015 before the changes that really need to be made to the Canada Elections Act are finally made.

In the end, in a 21st century democracy and in a country like Canada, which is internationally respected for its democracy, it is a real problem for such a fundamental bill to be changed, introduced and imposed by a majority government that does not hold consultations and does not listen. It does not want to listen to anyone and does not want to hear about any problems with the bill. The government thinks its bill is terrific, and that is that.

The Conservatives really need to do better. They need to hold real consultations. A real reform of the Canada Elections Act is needed.

Fair Elections ActGovernment Orders

May 12th, 2014 / 2 p.m.

The Acting Speaker Barry Devolin

The time provided for government orders has now expired. The hon. member for Louis-Saint-Laurent will have time for questions and comments after question period.

The House resumed consideration of Bill C-23, An Act to amend the Canada Elections Act and other Acts and to make consequential amendments to certain Acts, as reported (with amendments) from the committee; and of motions in Group No. 1.

Fair Elections ActGovernment Orders

May 12th, 2014 / 3:45 p.m.

NDP

Pierre-Luc Dusseault NDP Sherbrooke, QC

Mr. Speaker, I thank my colleague from Louis-Saint-Laurent for her excellent speech before oral question period. She gave a good description of all the flaws in the bill. At the beginning of her speech, she also touched a little on the process surrounding the drafting, consideration and amendment of the bill we are considering today at report stage.

Does my colleague think it is reasonable for the government to use its majority to unilaterally change the Canada Elections Act, an act that all parties in the House must be familiar with and comply with during elections? Does the member think it is reasonable for the Conservative government to have done this? Even the Liberals would not have done such a thing. Does she think it is reasonable for the government to use this kind of tactic, and to use its majority to dictate a new elections act?