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 / 3:10 p.m.


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Conservative

Jay Aspin Conservative Nipissing—Timiskaming, ON

Mr. Speaker, the member for Yukon, my hon. friend, is right. The way we have attacked this bill is we want to improve on our electoral system. We want to look at the measures that would tighten up the system. Throughout this whole process, we have used positive measures that would make the election system stronger. We fully realize there were problems in the 2011 election, and we do not want those problems to persist.

We have been thorough in our analysis in consulting with experts, with Canadians, with our caucus and with other members, and we feel we have come up with a package that would improve the integrity of the Canadian voting system. That is what we are proud of in Canada, and that is what we want to maintain.

Fair Elections ActGovernment Orders

May 13th, 2014 / 3:10 p.m.


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NDP

Raymond Côté NDP Beauport—Limoilou, QC

Mr. Speaker, the hon. member for Nipissing—Timiskaming clings to every branch within his reach. The hon. member for Yukon held out a big branch to him, but it broke.

The Conservatives are trying to create confusion about the irregularities in voter identification. However, there are no related cases of alleged fraud. The Conservatives are abusing the language terribly in this regard.

I will remind the hon. member, as my colleague did previously, that there was an alleged case of fraud involving the Conservative Party's database. Unfortunately, the Commissioner of Canada Elections ended his investigation because he was unable to get to the bottom of things.

On March 12, 2012, my colleague voted in favour of the NDP motion to give the commissioner more authority. Why is he going back on his word now?

Fair Elections ActGovernment Orders

May 13th, 2014 / 3:15 p.m.


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Conservative

Jay Aspin Conservative Nipissing—Timiskaming, ON

Mr. Speaker, quite clearly there is no confusion on that item. We have been clear on where we want it to go with vouching right from the get-go.

It is clear from surveys and polls that have been taken that 86% of, or nearly nine out of every ten, Canadians agree with it. Therefore, there is absolutely no confusion. The only confusion that exists is the confusion in the opposition parties, where those members continue to fearmonger and create all kinds of misgivings about the legislation that are not valid.

Fair Elections ActGovernment Orders

May 13th, 2014 / 3:15 p.m.


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Liberal

David McGuinty Liberal Ottawa South, ON

Mr. Speaker, Canadians who have been studying the bill and watching the debate on it have come to a natural conclusion. Normally, when we change something as fundamental as our election system, we would expect all-party consensus. That is how most governments have operated in the last century.

However, here is what Canadians also hear. One hundred plus experts in Canada and around the world are opposed to the bill. The former head of Elections Canada is opposed. The existing head of Elections Canada is opposed. Former auditor general Sheila Fraser, a Conservative hero for a decade, is opposed. The Commissioner of Canada Elections is opposed.

Why are all of these experts, who are seized with this question of democracy in Canada and our election system, wrong?

Fair Elections ActGovernment Orders

May 13th, 2014 / 3:15 p.m.


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Conservative

Jay Aspin Conservative Nipissing—Timiskaming, ON

Mr. Speaker, the member mentioned several people who were opposed to the bill. I just told the House that 86% of Canadians were for the bill. Nine out of every ten Canadians are for the bill.

We are not about satisfying the elite. We are about satisfying the majority of the electorate that we represent.

Fair Elections ActGovernment Orders

May 13th, 2014 / 3:15 p.m.


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NDP

David Christopherson NDP Hamilton Centre, ON

Mr. Speaker, that last answer was a bit rich. I will be sharing my time with my colleague from the riding of Louis-Saint-Laurent.

I only have 10 minutes, so it is not a lot of time to try to hit the highlights and the low lights of Bill C-23. I am glad to see the chair of the committee is here to join in the heckling. He does not get to do that when we are at committee, but he is glad to get a chance to do it now.

Bill C-23 really does deserve to be called the unfair elections act. I ask anyone watching to hear the evidence and conclude for themselves whether they believe the process is anything close to fair or reflected Canadian values, or is the way we should make laws in our country.

First, there was no consultation with anyone who did not have a Conservative membership card. We did not find one witness, although I think the leader of the Green Party said that she had an opportunity to give some input on something, or expert, or involvement of the opposition parties, or consultation with anyone except card-carrying Conservatives. In fact, I would be surprised if the bill was even drafted on Parliament Hill. I suspect it was probably drafted in the private sector somewhere at a law firm that was a good friend of the government. However, that is mere speculation because we did not have time to go down that road.

Right off the top one would think that common sense would dictate that if we are to change our election laws, the first thing we would do is talk to the Chief Electoral Officer. Is that so shocking and difficult to figure out? Step one of changing our election laws is to talk to the individual who is mandated, not by the government, but by Parliament, hired by Parliament, accountable to Parliament on our election laws.

The Chief Electoral Officer was not even consulted after the minister tried to make his little one-hour meet and greet, how-de-do and tried to turn that into a consultation. That did not work because it was not a consultation. The Commissioner of Canada Elections was not consulted. Both of their opinions of the bill are that they do not support it. Neither do either of their predecessors.

How do opposition members feel about having involvement in Bill C-23? We did not get any. There was no involvement by anyone who did not carry a Conservative membership card.

When my friend across the way makes comments that Conservatives represent ordinary people, that they do not want to hear from elites, fine. If they want to call the Chief Electoral Officer an elite, they can play whatever word game they want. However, the fact remains that the person Canadians trust, not the government and sure as heck not the Minister of State for Democratic Reform is the Chief Electoral Officer who Conservatives did not talk to and when the opposition gave him voice, he was against it. He had serious concerns about it as did the Commissioner of Canada Elections and as did the Director of Public Prosecutions, whose whole department is being moved. He was not consulted either, and he expressed some concerns.

The government did not talk to anyone. Conservatives brought in this unfair elections act into the House at first reading. The first thing we did was try to save the government from itself, if it was sincere about a fair process. We offered to use a mechanism in the House, which we adopted at Queen's Park when I was there, because it is a good mechanism. The minister of the day can take an issue that is brought to the House at first reading and send it directly to committee. The reason to do that is because at second reading, we all put political skin into the game, we argue what our point of view is, defending attacks from others and taking a position and voting.

By the time we get to third reading, it gets politically difficult to start making major changes in position after the bill was at second reading. By sending it to committee ahead of time, members are free to set aside their partisan membership cards and just work at committee as MPs. Then the bill can come back to the House at second reading and if they do their work, in a fair world that report would come back having the unanimous support of all members who were on the committee, which would hopefully lead the House to support it unanimously. Then we would have an election law that we can all agree on.

This was brought in when the Olympics were on, if members recall, a major distraction, of course, but the fact is it is a good example, because in the Olympics it is not the host country that decides what the rules are for the Olympics. Those are decided when? They are decided ahead of time and everybody agrees on them. Then they have the races, the jumps, the swims, and all the things they do, because they have all agreed on the rules. We can remember when we were kids that we would spend our time in the back alley playing a pick-up game of ball. We would spend half our time fighting about what the rules were going to be rather than actually playing the game. If we set the rules ahead of time, everybody agrees and everybody understands, great. Then we can get to the business at hand. In the case of the Olympics, it is sports. In the case of making laws, it is getting unanimity in the House around election laws and rules, so they are fair for everybody.

New Democrats were not seeking any advantage. If anything, we were trying to stop the Conservatives from putting advantages in the bill for themselves. We offered to do that, they said no, it went to second reading, and guess what happened? At second reading, boom, the government brought in closure. That was it, it shut down debate. There was no more debate.

Let us see if I have this right. Only Conservatives had input, the Chief Electoral Officer was not spoken to, the Commissioner of Canada Elections was not spoken to, there was nobody else spoken to, and when it was brought to the House for debate, the first chance the Conservatives had, they shut down debate. Where is the fairness in that? Off it went to committee and the first thing that we as the official opposition wanted was to take the bill, guess where, out to the public to give Canadians, who actually own the election laws, an opportunity to comment in the communities where they live.

The Conservatives would not go for that and New Democrats had a rather protracted filibuster to make our points. We did the best we could and at the end of the day, since the government has a majority, it won every vote 10 times out of 10. We had hearings. The Conservatives are now saying they shut it down in the House because they sent it to committee, which is where the real work gets done, so it does not mean anything that they shut down debate on the floor of the House of Commons. When it got to committee, people would think that members would go through this 242-page bill very carefully, line by line, make comments, and vote on the clauses and amendments if necessary. One would think so. We did not even get halfway through the amendments or the bill when the May 1, 5 p.m., deadline came along and, boom, again democracy was shut down.

There is probably this much of the bill that nobody who does not have a Conservative membership card got a say in because there was no consultation ahead of time, it was not reviewed at committee, and we cannot review it now because this debate is being shut down through closure. Therefore, this part here, at the very least, is pure Conservative Party documentation, because nobody else has had a chance to look at it due to the Conservatives shutting down debate. That alone should worry people, that there is so much shutting down of debate on a fair elections act.

I have to get this in. I am not at my segue, but I am going to say this anyway because it needs to be said. Just the other day, Senator Marshall, who is the government whip in the Senate, said this:

As the government whip in the Senate, when a government bill comes forward, I would expect our Conservative Senators to support it.

Therefore, anybody who is under any kind of illusion that there is real democracy happening over there, even if it is not happening here, is wrong. There is no democracy there, there is no democracy here. There is no fairness there, there is no fairness here.

We will continue with every breath that we have and every vote that we have to try to stop this bill and amendment to its very end, which is coming very quickly.

Make no mistake, Canadians know that this is a bill that is meant to help the Conservatives get re-elected, not make our democracy stronger. The NDP will stand up for a proper and fair elections process every day.

Fair Elections ActGovernment Orders

May 13th, 2014 / 3:25 p.m.


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Liberal

Judy Sgro Liberal York West, ON

Mr. Speaker, I have to say that I agree absolutely with every single thing my colleague has said.

This is an affront to democracy, no matter what you say. If the government had confidence, it would not be afraid of having hearings on something as important as the future of democracy in this country.

Rather, I would suggest that what the Conservatives are trying to do is completely get it in a way so that not only do they use the rules and go around everything possible in the last election to win, they have less confidence in winning the next one so they are rejigging every rule possible to make sure they win the next election. That is what the Conservatives think.

I would like to hear more comments from my colleague on that issue.

Fair Elections ActGovernment Orders

May 13th, 2014 / 3:25 p.m.


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NDP

David Christopherson NDP Hamilton Centre, ON

Mr. Speaker, it is true, as far as we are concerned on the opposition benches, this is not a partisan matter.

The shame of it is the government has made it a partisan matter. We are united on the opposition benches.

Let me give a key example. The government makes a big deal about the changes it made. There are big changes that did not happen. For instance, there is now a registry for robocalls, which the government is touting as a great thing. That is not a bad idea.

Originally, the government was only going to let the records be kept for one year, and through pressure we got it changed to three years. However, the fact remains that that information is still not going to be sent from the companies that do the robocalls to the CRTC. If it were sent to the CRTC, it would have that information, it would be protected, and it would be dealt with as part of a public trust.

The bill does not do that. The information is still left in the hands of the individuals. If there are investigations afterward, we will not have the power to compel witnesses to give testimony. We are going to have to chase these people.

What happens if somebody sets up a robocall firm before the election and then declares bankruptcy afterward? What happens to all that information that is supposed to be kept? Gone. That is why we wanted an amendment to send the information to the CRTC right away. Then it would be there and it could be used if necessary.

The government would not do that. That is just one more example of the unfairness that exists in Bill C-23.

Fair Elections ActGovernment Orders

May 13th, 2014 / 3:30 p.m.


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Glengarry—Prescott—Russell Ontario

Conservative

Pierre Lemieux ConservativeParliamentary Secretary to the Minister of Agriculture

Mr. Speaker, my colleague made some comments about how nobody has had time to see this bill, how nobody has had time to study this bill, and how the House has not been informed on this bill.

However, I would like to tell the House what Canadians probably, hopefully, already know. There were a total 15 committee meetings on this specific bill, amounting to roughly 31 hours of study. There were 72 witnesses who came in front of the committee to present their viewpoints on this bill. In terms of debate here in the House, it is going to be approximately 22 hours of debate.

I would ask this member to apologize to Canadians for having misled them on the amount of exposure this bill has had both within Canadian society and the House. He should apologize.

Fair Elections ActGovernment Orders

May 13th, 2014 / 3:30 p.m.


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NDP

David Christopherson NDP Hamilton Centre, ON

Yes, Mr. Speaker, like that is going to happen.

The fact of the matter is the government members can make 22 hours sound like a lot, but in this place that is not very much.

Let us look at the record. I have already said that neither the committee nor the House has had a chance to look at half of this bill. Half the bill has not been looked at by the House nor the standing committee.

How can anybody say that it has been thoroughly looked at when the pages were not even turned?

Fair Elections ActGovernment Orders

May 13th, 2014 / 3:30 p.m.


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NDP

Alexandrine Latendresse NDP Louis-Saint-Laurent, QC

Mr. Speaker, I would like to sincerely thank my colleague from Hamilton Centre for his speech and for the work he has done on this issue from the very beginning.

I find it particularly offensive to hear the question that was just asked, knowing that my colleague and I are on that committee. We have an insider's perspective on how these consultations went.

If the Conservatives had considered the opinion of a single expert who appeared in committee, we might believe that they did indeed consider some opinions and that they changed their minds about certain things. That was not the case.

We do not want to hear any more about the hours of consultation that were held since we know full well that the government MPs simply sat on the committee and nodded their heads, but once the witnesses were gone, they did not stray a single step from their plan.

Could the hon. member comment on that and tell us just how offensive it is that, even though a lot of people appeared before the committee, their opinions were not taken into consideration?

Fair Elections ActGovernment Orders

May 13th, 2014 / 3:30 p.m.


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NDP

David Christopherson NDP Hamilton Centre, ON

Mr. Speaker, there are two things. Every time the bill has come to the House the government has imposed closure, meaning it has shut down debate every single time. This is another time.

When we were in committee the government said that on May 1 at 5 p.m., no matter where we are, we are done reviewing it. On May 1, we were done only half.

This bill has not been thoroughly dealt with. There was no consultation on it. The last thing this is is a fair elections act. The process was totally unfair. The government knows it, the public knows it, and they are going to pay a price.

Fair Elections ActGovernment Orders

May 13th, 2014 / 3:30 p.m.


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NDP

Alexandrine Latendresse NDP Louis-Saint-Laurent, QC

Mr. Speaker, I want to give special thanks to my colleagues from Hamilton Centre and Toronto—Danforth for their exceptional work on this file since the very beginning. They are really committed to upholding the integrity of our elections and of our democracy.

Because of their relentless work and the continuing pressure they have put on the government, I think that we really have succeeded in making the government retreat on some of the really harmful aspects in this file. Therefore, I really have to thank them. Each time they get involved, they give me hope for our country and for our political system.

I would like to revisit the question that my colleague raised earlier by making some additional comments about the various aspects of the process established for Bill C-23.

First of all, I was here yesterday making a speech that was unfortunately very similar when we were studying Bill C-23 at report stage. I made additional comments on the process in general. I also made a short historical presentation about the way in which Bill C-23 had been introduced.

Today, I would like to speak a little more specifically about incidents that occurred in committee and about amendments that were rejected. In my view, this is a problem and it shows how unhealthy it can be for the majority party to decide to govern while listening to no one other than its friends in a corner, and while covering their ears and governing like despots.

The Conservatives keep repeating ad nauseam that 70 witnesses testified in committee, that the committee sat for 30 hours and therefore the bill has been thoroughly studied. They wonder why the opposition is complaining. It is outrageous. I sat on that committee for all those hours and, really, one witness after another told us about the huge problems that had to be completely eliminated from the bill and that we should go back to the legislation as it was previously. The testimony kept coming and coming. Not one single Conservative ever said that the testimony was interesting, that they had not looked at things that way or that things could perhaps be improved. Never. They did not budge and kept clinging to their positions.

Some witnesses, like the aboriginal women's groups, were treated with all but contempt. They were not listened to at all and they were told, in a truly paternalistic tone of voice, that everything would be explained to them and then they would understand. Watching what was going on, I was ashamed to be sitting there as part of that process. It was shocking.

At the end of the day, after starting the clause-by-clause consideration, we only got through half of the amendments, as my colleague mentioned. As for the bill itself, we only got to page 44, out of 250 or so pages. Does that make sense as a process for changing our electoral law?

That represents barely one-fifth of one of the most important bills for our democracy. However, we were told that we had studied it enough and that it would suffice. Debate was ended because the Conservatives no longer want to listen to us. In my opinion, that is a major problem.

Today, I will speak more specifically about different things that happened in committee. One of the most contentious aspects of the bill concerns all the changes made to section 18, which deals with the powers of Elections Canada. With Bill C-23, the Conservatives tried to completely muzzle Elections Canada and the Chief Electoral Officer by preventing them from communicating anything other than basic information, such as the location of polling stations, how to vote and the people eligible to vote. Elections Canada would no longer be able to communicate anything more than this basic information to the public.

Many people told us that it made no sense and that this had never happened before in any democracy on the planet.

In the long run, with all the people who protested, we managed to get the government to back down. However, what concessions did they make? It is important to have a good understanding of what the Conservatives changed. Now, Elections Canada's advertising messages can address only those topics. The bill deals with advertising messages, which means that it does not limit other forms of communication too much. The Chief Electoral Officer can therefore hold a press conference about a subject and so on. That is not so bad. We like the existing version of the Canada Elections Act the best, but if we have to choose between the first version of Bill C-23 and the amended version, we will take the amended version.

There is more to it than that, though. Now it says that the Chief Electoral Officer can deliver programs to promote democracy to primary and secondary school students. Why that, specifically? Four times in committee, I asked my colleagues if that meant there could no longer be any programs to promote democracy to university students. Did it mean there could no longer be programs to promote democracy to aboriginal people or any other target group that Elections Canada thinks might benefit? I did not get an answer. I really tried because I wanted to know. Maybe that is not the case. The way I read it, I get the impression that it cannot do anything else, but I just want someone to tell me I have got it wrong. That would be fine by me because I would rather see programs like that. Still, the way it is written right now, I honestly do not think that Elections Canada will be able to deliver programs like that to other target groups.

I found something else in here that is absolutely ridiculous. The government says that people can no longer use a voter information card to identify themselves and provide their address when they get to the polling station. We fought to keep that. We had excellent arguments in favour of it. We tried everything we could think of and presented every possible amendment to keep that card, but in the end, we had to give up because the Conservatives had made up their minds to get rid of that use of the card. Instead, we tried to mitigate the damage.

For all those who take it for granted that they can vote using that card, why not include an amendment to tell the Chief Electoral Officer and Elections Canada to write a message in big, highly visible letters on the voter information card that the card cannot be used as a form of identification when a person goes to vote? It is quite simple, really. All we want to do is avoid confusion. Many people show up to vote with their card and another piece of ID. Then they find out that that is not enough, and they are told they cannot vote. These are people who might have taken their lunch break during work to go vote, or maybe they live far from their polling station. Who knows—there can be any number of scenarios. I think that a lot of people will show up not knowing that. They will end up going home and will likely not go back to the polling station to vote.

I do not understand the logic behind that. I cannot come up with a single reason why the government would refuse to agree to write that visibly on the card. I cannot think of a single reason. I asked the question again in committee. I asked why the government would refuse to provide these people with a clear notification. The only explanation I can come up with is that the government wants to suppress the vote. I see no other explanation. I have looked for, asked for, and tried to get answers. At the end of the day, that is all I can come up with.

Finally, as my colleague mentioned during his questions and answers earlier, everything having to do with the registry of the companies that are going to contact the voters is generally good. It is better than nothing. However, as many witnesses in the know pointed out, this will not be very useful because the companies will not have to keep a list of the phone numbers that were contacted or a recording of the phone calls. It would be quite easy to do. They could start immediately with no problem at all, but no. We are going to be left with a registry that will keep the data for an insufficient amount of time, without the phone numbers, without the scripts, and without the information needed to make it truly useful in fighting electoral fraud.

Bill C-23 is truly a missed opportunity to reform our electoral law in an intelligent and consensual way that is respectful of our Canadian democracy. It is too bad.

Fair Elections ActGovernment Orders

May 13th, 2014 / 3:40 p.m.


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Liberal

David McGuinty Liberal Ottawa South, ON

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

I would like to ask her a question about the Conservative government's approach in this entire debate. This has been going on since the Prime Minister came to power with his regime. It is a bad habit that consists of personal attacks.

Since this government came to power, we have seen the attacks on Linda Keen, who was yanked from her position, the former parliamentary budget officer and the head of Statistics Canada. Recently, the government has gone after the Chief Justice of the Supreme Court of Canada and Ms. Fraser. Last week, the president of VIA Rail was personally attacked and so was the Chief Electoral Officer. The list goes on.

Can the hon. member tell us what she thinks about this approach to something as important and fundamental in Canadian society as democratic reform?

Fair Elections ActGovernment Orders

May 13th, 2014 / 3:45 p.m.


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NDP

Alexandrine Latendresse NDP Louis-Saint-Laurent, QC

Mr. Speaker, I thank my colleague from Ottawa South for his question.

I honestly think this is a major problem that we have never really seen in Canada before. This is pure contempt, a total lack of respect for people that goes completely beyond any partisanship. I am not saying that personal attacks should be part of partisanship, but those people are there for the common good, for the good of all Canadians, and they are constantly under attack by the Conservatives.

I think this was especially a problem with this bill, specifically with the attacks against Mr. Mayrand. When the minister said that Mr. Mayrand was opposed to Bill C-23 just because he wanted more money and power, I, for one, was disgusted.

I think our Chief Electoral Officer has been doing an outstanding job from the outset. He always tries to do everything in his power to be as fair as possible and to do the best possible job he can. He really did not deserve to be attacked like that.