This bill was last introduced in the 41st Parliament, 2nd Session, which ended in August 2015.
Pierre Poilievre Conservative
This bill has received Royal Assent and is now law.
This is from the published bill. The Library of Parliament often publishes better independent summaries.
This enactment amends the Canada Elections Act (“the Act”) to require the Chief Electoral Officer to issue interpretation notes and guidelines on the application of that Act to registered parties, registered associations, nomination contestants, candidates and leadership contestants. It also requires the Chief Electoral Officer, on request, to issue a written opinion on the application of provisions of the Act to an activity or practice that a registered party, registered association, nomination contestant, candidate or leadership contestant proposes to engage in.
The enactment also modifies the Chief Electoral Officer’s power under section 17 of the Act so that the power may only be exercised to allow electors to exercise their right to vote or to allow votes to be counted. It also limits the Chief Electoral Officer’s power to transmit advertising messages to electors and requires the Chief Electoral Officer to ensure that any information so transmitted is accessible to electors with disabilities.
The enactment further amends the Act to permit the Chief Electoral Officer to seek approval from parliamentary committees to test an alternative voting process (but where such a pilot project is to test a form of electronic voting, the Chief Electoral Officer must first obtain the approval of the Senate and House of Commons). The enactment also eliminates the mandatory retirement of the Chief Electoral Officer at age 65 and replaces it with a 10-year non-renewable term. It provides for the establishment of an Advisory Committee of Political Parties to provide advice to the Chief Electoral Officer on matters relating to elections and political financing. The enactment also amends the Act to provide for the appointment of field liaison officers, based on merit, to provide support to returning officers and provide a link between returning officers and the Office of the Chief Electoral Officer. It also enables the Chief Electoral Officer to temporarily suspend a returning officer during an election period and provides for the appointment of additional election officers at polling stations. Finally, it empowers registered parties and registered associations, in addition to candidates, to provide names of individuals for election officer positions and changes the deadline for providing those names from the 17th day before polling day to the 24th day before polling day.
The enactment also adds to the Act Part 16.1, which deals with voter contact calling services. Among other things, that Part requires that calling service providers and other interested parties file registration notices with the Canadian Radio-television and Telecommunications Commission, provide identifying information to the Commission and keep copies of scripts and recordings used to make calls. That Part also requires that the Canadian Radio-television and Telecommunications Commission establish and maintain a registry, to be known as the Voter Contact Registry, in which the documents it receives in relation to voter contact calling services are to be kept.
The enactment also replaces Part 18 of the Act with a new, comprehensive set of rules on political financing that corrects a number of deficiencies in the Act. Notably, the enactment
(a) increases the annual contribution limits for contributions to registered parties, registered associations, candidates and nomination and leadership contestants to $1,500 per year and by $25 per year after the first year;
(b) increases the amount that candidates and leadership contestants may contribute to their own campaigns to $5,000 and $25,000, respectively;
(c) permits registered parties and registered associations to make transfers to candidates before their nomination is confirmed by the returning officer;
(d) requires a registered party’s auditor to complete a compliance audit in relation to its election expenses return indicating that the party has complied with the political financing rules;
(e) requires registered parties, registered associations and candidates to disclose details of expenses for voter contact calling services in their returns;
(f) reforms the rules governing unpaid claims, making it an offence for claims to remain unpaid after three years and strengthening the reporting of unpaid claims;
(g) reforms the reporting requirements of leadership contestants;
(h) permits higher spending limits for registered parties and candidates if an election period is longer than the 37-day minimum;
(i) includes new rules on political loans; and
(j) defines “capital asset” for the purposes of reporting the distribution cost of advertising or promotional material transmitted to the public using a capital asset, so that the expense is reported as the corresponding rental value for the period in which it was used, and for the purpose of the disposal of the campaign surplus.
With respect to voter identification, the enactment amends the Act to require the same voter identification for voting at the office of the returning officer in an elector’s own riding as it requires for voting at ordinary polls. It also prohibits the use of the voter information card as proof of identity, eliminates the ability of an elector to prove their identity through vouching, allows an elector to swear a written oath of their residence provided that their residence is attested to on oath by another elector, and requires an elector whose name was crossed off the electors’ list in error to take a written oath before receiving a ballot.
The enactment also amends the Act to provide an extra day of advance polling on the eighth day before polling day, creating a block of four consecutive advance polling days between the tenth and seventh days before polling day. It requires a separate ballot box for each day of advance polling and details procedures for the opening and closing of ballot boxes during an advance poll. Finally, it gives returning officers the authority to recover ballot boxes on the Chief Electoral Officer’s direction if the integrity of the vote is at risk.
The enactment also amends the Act to, among other things, establish a process to communicate polling station locations to electors, candidates and political parties, to provide that only an elector’s year of birth is to be displayed on the lists of electors used at the polls, instead of the full date of birth, to permit candidates’ representatives to move to any polling station in the electoral district after being sworn in at any polling station in the district and to establish a procedure for judicial recounts.
The enactment further amends the Act to change how the Commissioner of Canada Elections is appointed. It establishes that the Commissioner is to be appointed by the Director of Public Prosecutions for a seven-year term, subject to removal for cause, that the Commissioner is to be housed within the Director’s office but is to conduct investigations independently from the Director, and that the Commissioner is to be a deputy head for the purposes of hiring staff for his or her office and for managing human resources.
The enactment also amends the Act to add the offence of impersonating or causing another person to impersonate a candidate, a candidate’s representative, a representative of a registered party or registered association, the Chief Electoral Officer, a member of the Chief Electoral Officer’s staff, an election officer or a person authorized to act on the Chief Electoral Officer’s or an election officer’s behalf. It also adds the offences of providing false information in the course of an investigation and obstructing a person conducting an investigation. In addition, it creates offences in relation to registration on the lists of electors, registration on polling day, registration at an advance polling station and obligations to keep scripts and recordings used in the provision of voter contact calling services.
The enactment further amends the Act to provide for increases in the amount of penalties. For the more serious offences, it raises the maximum fine from $2,000 to $20,000 on summary conviction and from $5,000 to $50,000 on conviction on indictment. For most strict liability offences, it raises the maximum fine from $1,000 to $2,000. For registered parties, it raises the maximum fine from $25,000 to $50,000 on summary conviction for strict liability political financing offences and from $25,000 to $100,000 on summary conviction for political financing offences that are committed intentionally. For third parties that are groups or corporations that fail to register as third parties, it raises the maximum fine to $50,000 for strict liability offences and to $100,000 for offences that are committed intentionally and for offences applying primarily to broadcasters, it raises the maximum fine from $25,000 to $50,000.
The enactment amends the Electoral Boundaries Readjustment Act to authorize the Chief Electoral Officer to provide administrative support to electoral boundary commissions. It amends the Telecommunications Act to create new offences relating to voter contact calling services and to allow the Canadian Radio-television and Telecommunications Commission to use the inspection and investigation regime in that Act to administer and enforce part of the voter contact calling services regime in the Canada Elections Act. It amends the Conflict of Interest Act to have that Act apply to the Chief Electoral Officer. It also amends the Director of Public Prosecutions Act to provide that the Director of Public Prosecutions reports on the activities of the Commissioner of Canada Elections.
Finally, the enactment includes transitional provisions that, among other things, provide for the transfer of staff and appropriations from the Office of the Chief Electoral Officer to the Office of the Director of Public Prosecutions to support the Commissioner of Canada Elections.
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.
Fair Elections ActGovernment Orders
February 6th, 2014 / 2:30 p.m.
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Some hon. members
Agreed.
No.
The Speaker Conservative Andrew Scheer
There is no agreement.
Oral Questions. The hon. Leader of the Opposition.
The House resumed from February 5 consideration of the motion that Bill C-23, An Act to amend the Canada Elections Act and other Acts and to make consequential amendments to certain Acts, be read the second time and referred to a committee.
Hélène LeBlanc NDP LaSalle—Émard, QC
Mr. Speaker, I will be sharing my time with the member for Dartmouth—Cole Harbour.
I have the honour of rising in the House to represent the people of LaSalle—Émard in the Parliament of Canada and ensure that their voices and objections concerning certain clauses in Bill C-23 are heard.
The government has been attacking Elections Canada for years, and this bill is the final blow in that fight. The minister of Conservative reform, or rather the Minister of State for Democratic Reform, feels that this agency is prejudiced and biased in its criticism of the Conservatives' non-compliance with election laws. This bill is an obvious attack on Elections Canada, as it aims to limit its powers.
Instead of limiting the Chief Electoral Officer's role in implementing public education programs, the government should be working with Elections Canada to develop a strategy to increase voter participation. Fewer and fewer Canadians are voting. In 2011, only 61% of eligible voters participated in the election, which is one of the lowest percentages in our country's history. The lowest participation rate was in 2008, when only 58% of Canadians went to the polls to elect a Conservative minority government. That shows that Canadian voters are not particularly drawn to that party.
In most modern democracies, the institution responsible for administering the electoral system is also responsible for promoting public awareness of the importance of voting. Bill C-23 limits the role of the Chief Electoral Officer. From now on, this officer will only be able to discuss certain aspects of the voting process, such as where, when and how to vote.
The Chief Electoral Officer is an expert on democracy. He is independent and non-partisan. He and his team develop campaigns to encourage people to vote. The Chief Electoral Officer does an excellent job promoting awareness and educating the public, which is a very important part of a healthy participatory democracy.
This reform will have a significant impact on educational activities, such as Canada's democracy week, which was organized by Elections Canada, and the civic education program, which aimed to help students learn about the electoral process. All of these initiatives will be eliminated.
Canadians need to understand that this measure is a direct attack on the very foundation of our democracy. It will not increase voter participation, particularly among young people and groups who are less likely to vote.
Fortunately, the media and society at large are condemning this attack on our institutions. Allow me to quote an article published in The Globe and Mail that starts with this:
The Conservative government is stripping Elections Canada of its authority to encourage Canadians to vote in federal ballots [...]
The Montreal Gazette qualified this measure as “decidedly self-serving” for the Conservative government.
Canada is a world example on democratic participation and strong democratic institutions, but the Conservative government is working hard to change our values for its own electoral benefit.
How can we go to other countries and guide them on strengthening their democracy when we are not protecting our own institutions? How can our democracy be a model when the government is cancelling the programs aimed at teaching our youth and newcomers about the importance of electoral participation?
The amendments proposed in this bill will have negative consequences for all Canadians because the voting process will be more difficult, especially for vulnerable Canadians. These vulnerable people will be affected by another measure in Bill C-23 that appears to be an attempt to suppress votes from certain segments of the population.
The bill would put an end to the practice of vouching, and if it passes, the voter registration cards sent out to voters will no longer be accepted as proof of registration. These voter identification cards are important to people, like some of my constituents, who have moved or are newcomers and have a hard time providing proof of address when they want to vote. This can also be an issue for others, such as students, seniors and aboriginal people. Elections Canada uses these cards to validate the information provided by voters through the Canada Revenue Agency or provincial agencies.
At the polling station, voters must present another piece of ID in addition to their voter identification card. My riding of LaSalle—Émard had 57% voter turnout for the May 2011 election. Only 42,500 of the 74,500 eligible voters turned out. Among those who did not vote are the groups that have the most difficulty participating in the voting process.
More than 40% of my constituents are considered to be low-income earners. Furthermore, 50.4% of those 65 and over have an income of less than $20,000 a year, and 51% of them have no certificates or diplomas. This population is often isolated. I see it when I meet my constituents. They feel isolated, have low incomes and are more likely to move and not to be informed of their obligation to vote. Young people represent 27% of the population, are mobile, and will be affected by this new measure.
In LaSalle—Émard, as well as in other Quebec ridings, many people do not have a driver's licence or another identification card. Quebec's health card does not show the person's address. If Canadians do not receive these voter information cards, and have only a health card as the only valid piece of identification, they may be discouraged from voting because now it will be harder to verify their information.
It is the responsibility of every government to make voting easier for its citizens. They should not be encouraged to refrain from voting. With this measure, the Conservatives are targeting certain demographic groups. Unlike the Conservatives, I represent all the people in LaSalle—Émard. I am not here to defend access to voting only for those who voted for me. I am here to defend all Canadians, no matter their political affiliation. We have been elected to represent all our constituents and not to promote measures that will limit the participation of those opposed to the government, as the Conservatives are doing.
I would like to conclude on this measure by stating what an editorial in the Ottawa Citizen had to say:
One might have thought that when the Conservative government finally got around to reforming election law, it would be to try to prevent the kind of voter suppression and electoral fraud Canada saw in the 2011 election. But when they said they would make it harder to break the rules, it seems they were talking about cracking down on homeless voters, not party bagmen.
Here is another quote. This one is from the Toronto Star:
...[this] government is more inclined to see a higher voter turnout as a threat than as an ideal outcome.
Kevin Lamoureux Liberal Winnipeg North, MB
Mr. Speaker, there are a number of issues within this legislation that are positive and there are many that are negative. As we go through it over the next few days, I hope to highlight some of the concerns that we have. I will give members an example of an increase in penalties. In that area, we do see some positives.
However, one of the issues that we take great exception to is the whole idea of investigative powers. We have seen it raised by the former electoral officer, Mr. Kingsley, as well as by our current Chief Electoral Officer. When there is a violation of an election law, we would like to think that it is being taken care of in a timely fashion, but that is just not happening today. That is why chief electoral officers, in the past and today, have said they need additional investigative powers and changes that would allow for a more timely consequence to election law violations.
I wonder if the member would join members of our caucus in expressing concern that there is just not enough authority for our Elections Canada officials to resolve things in a more timely fashion.
Hélène LeBlanc NDP LaSalle—Émard, QC
Mr. Speaker, I would like to thank the member for Winnipeg North for his question and the very informative lead-up to it.
The purpose of this bill is to remove powers from the Chief Electoral Officer, who has been doing exceptional work since the last election, despite having limited resources. The government is trying to cut him off at the knees.
He should be given the powers he requested to put an end to electoral fraud.
Fair Elections ActGovernment Orders
February 6th, 2014 / 3:35 p.m.
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Nepean—Carleton Ontario
Conservative
Pierre Poilievre ConservativeMinister of State (Democratic Reform)
Mr. Speaker, one of the provisions in the fair elections bill would protect against voter fraud. Due to enormous volumes of Elections Canada mistakes in the last election, we saw heightened irregularities in the use of vouching.
According to the report commissioned by Elections Canada, there were irregularities in 25% of the cases in which vouching was used. The Supreme Court noted these high levels as well. Both the court and the Elections Canada report concluded that these problems can no longer go on. We have decided to provide a solution, which is to end vouching while requiring in law that Elections Canada communicate to people the types of ID they are required to bring, of which there are 39 options. Those two changes together would ensure that people show up with the proper ID and that we know who they are when they cast their ballot.
Does the hon. member support this policy approach?
Hélène LeBlanc NDP LaSalle—Émard, QC
Mr. Speaker, the term “massive” was used to describe electoral fraud. The infamous robocalls are the prime example.
The previous Liberal government eliminated the measure that enabled identification of voters via door-to-door visits. People went to register voters at their homes, which enabled them to check identities on the spot.
Could the Minister of State for Democratic Reform implement a measure to prevent that kind of fraud?
Robert Chisholm NDP Dartmouth—Cole Harbour, NS
Mr. Speaker, I am pleased to have an opportunity to participate for a few moments in debate on the bill. Like every piece of legislation we have seen from the government since it was elected in 2011, the devil really is in the details. Conservatives introduce legislation, give it a folksy title, and claim it is everything but sliced bread; then, when we start to dig into it and start to pick through it, we see what is really going on.
That is why the move to limit debate is so egregious. It is the question of the government not wanting us to have an opportunity to understand the ramifications of various provisions, to talk with our constituents, or to be able to bring that information back here to the House. However, that is certainly the style of the current government that we have come to know and not like very much. We will do the best we can with it.
The aspect of the bill that I find so troubling, and there are a number of troubling aspects, is that it is going to make it more difficult for Canadians to vote. I have been involved as a politician, an adult educator, and a community activist now for nearly 30 years in working with people in my community and across this country to encourage people to take the opportunity to exercise their right to vote.
I understand that barriers exist. Barriers have existed for different groups for decades, if not hundreds of years. We have had to fight hard to remove the barriers and remove the exclusions so that more Canadians have an opportunity to participate in the electoral process, but it is a tough slog.
Other countries are making it easier. Agencies that are involved in regulating and administering the election process are given more powers and more opportunities to promote opportunities to vote and to make voting easier. Either through polling booths, electronic voting, or other means, they make it easier for people to participate. Voting is an inalienable right in this country and in other democracies around the world. We want to not only protect it but expand it. We want to get it out there to everyone.
It seems what the government values most is someone who owns property, is stable in one location, and receives direct mail from the Conservative Party or, for that matter, from any of the other political parties.
However, only a small fraction of the population is so involved in the political process that they are on mailing lists, contribute to political parties, and receive regular updates about what is going on in the political process and what is going on with elections. There are many people out there who have decided—for reasons I do not necessarily agree with, but reasons they find justifiable—that the electoral process is not for them and that the government does not serve their interests. They are disenchanted and feeling somewhat cynical about the political process. We need to continue to do everything we can to encourage these people.
Whatever it is that I or my colleagues or Elections Canada or anybody else says that motivates Canadians to cast their ballots during an election, we need to make sure that they have an opportunity to do so. We have rules to make sure that all the polling stations are completely accessible for people who have physical barriers. We are trying to bring in all kinds of different measures to make sure that people can vote not just on one specific day, but on many specific days.
In this country we are exploring opportunities for electronic voting. Certainly it has been done at the provincial level. We are doing all kinds of things.
There are groups of Canadians who some would suggest are vulnerable Canadians. I do not know if that is necessarily a good word, but they are Canadians nonetheless, and they are on the move. They may be young Canadians at university or people who are looking for jobs or people who are moving around. They may be other types of Canadians who are in that type of mobile environment and living a kind of mobile lifestyle. They need any opportunity. We need to remove all barriers that may exist for them to have the opportunity to cast a ballot.
The rate of participation is in the 60% range. I speak to students in junior high schools, high schools, and universities and try to impress upon them that they have a responsibility as citizens to participate. If they decide during any given election that they are going to participate, we have a responsibility as parliamentarians to make sure that we make it as easy as we possibly can. Whether it is because they do not get mail or they are not paying attention because they are trying to put food on their tables and make sure they have roofs over their heads or they are trying to stay safe, they are not focused on these particular issues. They are not paying attention. This bill would not make it easier on those people, or on any other Canadians, for that matter; it would make it more difficult.
I have gone through the bill. I have already spoken with some of my constituents about it, and they are very worried about the direction the government is going. It is taking away the ability of the CEO of Elections Canada to expand its reach to make sure that Canadians know what is going on and are encouraged at each and every opportunity to participate. It is taking away the powers of the Chief Electoral Officer instead of increasing them.
The CEO appeared before a standing committee this afternoon. Members may have heard the minister, when he introduced this bill, suggest that both the commissioner and Elections Canada wore team jerseys, suggesting that they are partisans. What the Chief Electoral Officer said was that, in fact, he is wearing a striped jersey. In other words, he is the referee, but as a result of this bill, he is going to be completely taken off the ice.
I am going to have to have more conversations with Canadians in Dartmouth—Cole Harbour because I do not want people to become more cynical about the process, but it seems as though this bill has a couple of different intentions. One is that when Elections Canada tried to clean up some election procedures that have been carried out by some members of Parliament on that side, the Conservatives are taking away the powers of Elections Canada to follow through on those issues. They are increasing their ability to raise money in areas where the Conservative Party has the most reach. When the Conservatives talk about a long reach, that is what they are talking about: the ability of the Conservative Party to get into people's pockets even further.
This bill, erroneously called the fair elections act, would tip the balance to the Conservative Party. It moves away from Canadians being able to participate actively and equally in the political process. I am going to speak to my constituents and come back here to share their concerns with the government.
Fair Elections ActGovernment Orders
February 6th, 2014 / 3:45 p.m.
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Calgary Centre-North Alberta
Conservative
Michelle Rempel ConservativeMinister of State (Western Economic Diversification)
Mr. Speaker, I wonder if my colleague opposite could provide the House with some quantitative data as to why young voters in his riding chose not to vote in the last election.
Robert Chisholm NDP Dartmouth—Cole Harbour, NS
Mr. Speaker, that is a vexing issue.
The question was why more young people do not vote. I take time every year to go out to high schools, junior high schools, and elementary schools, to talk to young people about what prevents them from voting.
These students talk about the cynicism. They talk about the fact that the government does not care about the environment or science, and that all it is doing is promoting the development of oil, as examples.
They do not listen to me, as young people. Other barriers also seem to get in their way. They do not get notice because they are moving around. There are different issues.
What we have to do, and what this bill does not do, is find avenues to make that participation, if they have the will, easier and more effective.
Kevin Lamoureux Liberal Winnipeg North, MB
Mr. Speaker, one of the things so critically important when we take a look at reforming election laws has to be the timely prosecution of individuals who violate election laws.
We could talk about the Conservative in-and-out scandal. We could talk about the overspending by candidates in the last election, or the robocalls issue. What we would find is that there is a genuine need for Elections Canada to have that investigative power to be able to not only get to the bottom of the issue but also to ensure that there is a timely consequence for those actions. That is what is really missing. The former chief electoral officer and the current Chief Electoral Officer made reference to that.
Would the member not agree that one of the greatest deficiencies in this legislation is that we are not giving our election officials the necessary powers to ensure timely prosecutions of those individuals who violate our election laws?
Robert Chisholm NDP Dartmouth—Cole Harbour, NS
Mr. Speaker, I would absolutely agree that Elections Canada has to have the powers to investigate in a timely manner. It also needs the resources.
We know a number of members on the government benches have been under investigation for a long period of time for breaking the rules. Part of the problem is that Elections Canada has not had the resources. It also has not had the powers to compel people to come forward.
A unanimously passed NDP resolution would have given Elections Canada those powers. This was passed last year. It would have given Elections Canada the powers to compel people to come forward, and it would have given Elections Canada more resources. It was a unanimously passed resolution. It was passed in this House by all parties.
The government completely ignored the resolution. They are ignoring it again in this supposedly “fair elections” bill.
Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC
Mr. Speaker, I would like to thank my colleague and congratulate him on his excellent speech. He clearly laid out the main issues and weaknesses in the bill, which seems to be a back-of-the-napkin kind of deal drafted by a single party.
If the government wants to change the Canada Elections Act, which is fundamental to our democratic life, it should keep Elections Canada and the opposition parties in the loop as well as all citizens. That did not happen. This bill to change the Canada Elections Act was produced solely by the Conservative Party.
Can my colleague comment on the importance of broad, open and transparent consultation when proposing changes like this?