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. 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.

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

February 6th, 2014 / 4:35 p.m.
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NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, that is an excellent point. It brings us back to what I was saying at the start. My impression is that by introducing Bill C-23, the Conservative government is basically saying that Canadians are criminals and that they are the ones breaking the law. That is part of the Conservatives' strategy. They will never admit that they made a mistake, that they were in the wrong or that one of their own could have broken the law. They always shift the blame to someone else because diversion works so well.

It is kind of sad. As the member for Vancouver East said, it is like taking a sledgehammer to a fly. Many people are being denied their right to vote. It is unfortunate, it sends a bad signal and it provides no hope at all for seeing an improvement in this country's democracy.

Fair Elections ActGovernment Orders

February 6th, 2014 / 4:40 p.m.
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Bloc

André Bellavance Bloc Richmond—Arthabaska, QC

Mr. Speaker, my colleague mentioned some important amendments that should be made to this bill. The government omitted a few things. This may be an oxymoron, but I believe that they were voluntary omissions. This bill is quite broad in that it touches on just about everything, but it does not mention the issue of voting while wearing a veil.

Keep in mind that in 2007 the Bloc Québécois was the first party to introduce a bill requiring voters to show their faces when voting. The Conservatives went along with that and all of the parties voted in favour of the bill at second reading. Since the minister seemed open to this during question period, I would like to ask the member if she and her party would be willing to support a Bloc Québécois amendment in relation to requiring voters to show their faces when voting.

Fair Elections ActGovernment Orders

February 6th, 2014 / 4:40 p.m.
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NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, I was not in the House when the debate took place, but I followed it from a distance. Wherever I went in Quebec, I asked that question to the people working the voting rooms at various polling stations. What has always fascinated me about this whole debate is that this is not really a problem at all, because few people come to vote with their faces covered.

According to what the returning officers told me, they go somewhere private so that the person can remove the face covering and show that they really are who they say they are. I can make no assumptions about what could happen if an amendment to this effect were presented. I would point out that all parties supported the Bloc Québécois motion at second reading. However, I just suggest a little caution, somewhat along the lines of what is going on in Quebec with the secular charter. We have to be careful before suggesting that there is a problem, when no actual problem exists.

Fair Elections ActGovernment Orders

February 6th, 2014 / 4:40 p.m.
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NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Mr. Speaker, thank you for giving me the opportunity to speak to BillC-23, dealing with the reform of the Canada Elections Act.

First, I would like to congratulate my colleague, the hon. member from Gatineau for her excellent remarks and for so kindly sharing her time with me, which allows me to contribute as well. She is really considerate.

In terms of democracy, however, the Conservatives are less considerate. I cannot help but start with the reminder that we are now under the 46th gag order from this Conservative majority government. It is really incredible. After one hour of debate, the Conservatives announced their intention to prevent members of Parliament from talking about the reform of the Canada Elections Act. After one hour!

That was enough for them. They did not want to hear from us any more. I am sorry, but, outside this House, we are going to continue to talk to Canadians and to Quebeckers and to tell them that there are dangers in Bill C-23 that this government is presenting to us and—

Fair Elections ActGovernment Orders

February 6th, 2014 / 4:40 p.m.
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Conservative

Jeff Watson Conservative Essex, ON

Mr. Speaker, I think the time for debating the closure motion was earlier. He might want to actually debate the bill in front of us.

Fair Elections ActGovernment Orders

February 6th, 2014 / 4:40 p.m.
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Conservative

The Acting Speaker Conservative Barry Devolin

The parliamentary secretary is correct. The matter before the House now is the bill itself.

The hon. member for Rosemont—La Petite-Patrie.

Fair Elections ActGovernment Orders

February 6th, 2014 / 4:40 p.m.
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NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Mr. Speaker, it is important to remind people of the context of this debate.

I will address matters as they stand. We are dealing with a bill that has dragged on, but instead of taking the time to work on it intelligently, meeting with people and discussing it with them, the Conservatives worked on this in secret behind closed doors. This is not a unifying bill. On the contrary, it is divisive.

With this approach, the government is changing the rules of the game of our democratic system. It is the law that governs how we regulate elections, election campaigns and the voting process. This should be completely impartial, objective and neutral. There should have been vast public consultations and a broad discussion within our society to determine the problems, the best solutions and what changes are necessary. No, the government did this behind closed doors, in secret. This is not a federal government bill. This is a Conservative Party bill. This is disgraceful and the NDP is taking a stand against it.

The government did not even have any serious discussions with Elections Canada over this. That is the first thing it should have done, but no. The government did not give Elections Canada any advance notice of the legislative changes it was going to make. They were left in the dark. The minister finally admitted that he had a roughly hour-long meeting the Chief Electoral Officer. It was an hour or so. Is he serious? We think that is a joke.

The opposition parties were not consulted and neither was civil society or the citizens of this country. It is outrageous that this bill is being introduced by the party responsible for the in and out scheme. That same party lost a minister, Mr. Penashue, because he broke election rules. That same party's parliamentary secretary to the Prime Minister had to be kicked out of the Conservative caucus for breaking electoral spending rules. That is the party, alone in its corner, that is going to reform electoral legislation? Forgive us if we have any legitimate concern over the changes that will be made and how they will play out.

This bill opens the door to a doctrine from the George W. Bush era in the United States known as vote suppression. It works by effectively ensuring that some people are denied the opportunity to exercise their right to vote and have their say in our democracy. In the last election, 100,000 Canadians exercised their right to vote without having to present photo identification because they did not have any. They were able to have a vouching elector, someone who attested that Mr. or Ms. X was who he or she claimed to be and was entitled to vote.

An example might be a parent who arrives at the polling station with a child who has just turned 18 and may not have the necessary documents yet. The parent is able to say that the child is his or her son or daughter, is 18 years of age, and can swear an oath and vote.

Who are the people without the identification required? Mainly aboriginals, young people and students, but also those with mental health issues or people who are homeless. These are the people the Conservatives do not want to see vote anymore.

This will make it more difficult for at least 100,000 people to exercise their right to vote. That is not trivial. It is extremely serious.

We think and hope that the Conservative government will listen to reason and change these rules. However, we do not have a lot of hope because they have not discussed it with anyone since this whole process began.

Another serious concern to us as progressive people and New Democrats is the fact that Elections Canada's powers are being subtly attacked, which is not very surprising because almost anyone in this country who dares criticize or challenge a decision by the Conservatives is considered a political foe. This is true for the unions, women's groups, environmental groups, international co-operation groups, and the list goes on. This is also true for the Chief Electoral Officer.

We are sort of seeing the same philosophy here. Anyone who speaks against them, anyone who stands in their way and somehow impedes the great march of the Conservative Party will be attacked and stripped of their powers.

It is mind-boggling. The Conservatives are the ones who created the position of parliamentary budget officer, and now this person is forced to go to court and make access to information requests to get the information he needs to do his job. While Elections Canada is investigating members of this caucus, the government is taking away its investigative powers. The government wants to separate the commissioner and the Chief Electoral Officer, so that the chief electoral officer no longer has the investigative powers he previously had to enforce the law.

The government is telling us that this is to make him more independent. Yeah, right. That is not true. Elections Canada is already independent enough from the government. That is what bothers the Conservatives. If the agency is independent from the Chief Electoral Officer, I am not sure that he will be independent from the Conservative government. It is very worrisome that the Chief Electoral Officer will no longer have investigative powers to enforce the law, when that is the very essence of his mandate.

Furthermore, I hope to get some answers from the other side of the House about something rather ridiculous that I still do not understand. I read a comment by the Minister of State for Democratic Reform on the Radio-Canada website that the Conservatives' bill will keep big money out of politics.

Then I looked at the bill and wondered what the minister meant. In the bill, he is increasing the contribution limit from $1,200 to $1,500, which he says would keep big money out of politics. That makes absolutely no sense.

My doubts may be unfounded, but I get the impression that the Liberal Party and the Conservative Party have lots of friends who can contribute $1,500 per year. The NDP might have fewer such friends because it represents ordinary people, people who work for minimum wage, bus drivers and blue collar workers.

The Conservatives will also take away the money Elections Canada uses to encourage people to vote. From now on, only information about polling stations will be given out. Elections Canada will no longer have a mandate to encourage people to vote and to tell them that it is a basic right they should exercise.

That is not important to the Conservatives, and I think I know why: because 62% of Canadians and Quebeckers did not vote for this government. Getting people to vote in the next election is not in the Conservatives' best interest because they would lose power.

Fair Elections ActGovernment Orders

February 6th, 2014 / 4:50 p.m.
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Oak Ridges—Markham Ontario

Conservative

Paul Calandra ConservativeParliamentary Secretary to the Prime Minister and for Intergovernmental Affairs

Mr. Speaker, the member's ridiculous speech almost speaks for itself, to be honest.

It is quite clear that the member has not read the bill. He talked about the fundraising limits, and of course that is an upper limit. If the member cannot find people in his riding to give him $10, $20, $30, that speaks more to his inability to represent his constituents than it does to the limits in this bill.

Moreover, he did find many opportunities to donate to a party that was interested in breaking up the country, the Québec solidaire, in fact 29 different times. I guess we know where his head is at.

The member talked a lot about identification. Let me just go over some of the things that are available to Canadians. There is the driver's licence; health card; passport; utility bill; bank card; bank card statement; vehicle ownership; correspondence from a school, college, or university; insurance papers; library card; fishing or trapping licence; and the list goes on and on. It includes a hospital bracelet, if it is worn by a resident of a long-term care facility.

Moreover, page 25, subclause 48(4) says:

(3.1) If the address contained in the piece or pieces of identification provided under subsection (2) does not prove the elector’s residence but is consistent with information related to the elector that appears on the list of electors, the elector’s residence is deemed to have been proven.

I wonder if the member could comment on how that keeps people from voting.

Fair Elections ActGovernment Orders

February 6th, 2014 / 4:50 p.m.
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NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Mr. Speaker, I would like to thank my colleague for his advice and his comments. On the subject of the people of Rosemont—La Petite-Patrie, I would like to provide him with immediate reassurance.

I am very pleased to have received the support of 51% of them, while the Conservative Party received just 3.8% of the votes. My relationship with my constituents is excellent.

Let us talk more about how the Conservative Party is trying to suppress votes. The voting system was working well. It enabled people who might not have had their ID on them to go vote. Now the Conservatives want to change things so that those people will not be able to vote in the next election even though the option to take an oath and have someone vouch worked well and was not causing a problem.

Unfortunately, the Conservatives do not understand the concept of “If it ain't broke, don't fix it”.

Fair Elections ActGovernment Orders

February 6th, 2014 / 4:50 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I have a question that I would like to ask the member. However, prior to getting to the question, I would challenge him on his comment with respect to everyday Canadians who donate. If we look at what Elections Canada has to say, and these are published numbers, we find that there are more people contributing to the Liberal Party, and the types and sizes of donations are no greater than the New Democratic Party's for a majority of those donations. There are more people than ever contributing to the Liberal Party because I think they see us as the party potentially in waiting. That might be one of the reasons. I do not know. That is speculation. However, there is a bit of a question on that aspect.

The question I have for the member is with respect to the issue of enforcement. Enforcement is a serious deficiency in our current legislation. It is demonstrated when we see issues such as the robocall scandal, the in-and-out scandal, and members of Parliament or candidates who overspend on their budgets or campaign expenditures.

My question to the member is this. Does he believe, like we believe, that the government should have and could have done more in regard to the whole enforcement aspect of the legislation?

Fair Elections ActGovernment Orders

February 6th, 2014 / 4:55 p.m.
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NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Mr. Speaker, I thank my hon. colleague for his comments, although his introduction seemed a little far off topic. There was a lot of speculation.

More seriously, we in the NDP believe that people should have the maximum opportunity to vote, to participate in civic matters, to take part in an election campaign and perhaps even to donate to the political party they support. These are all things that we would like to see further action on. We want voter turnout to go back up. We do not believe that this bill takes us in the right direction.

However, one of the good points in Bill C-23 is to create a registry that would contain all the information on robocalls. Perhaps that would prevent the Conservative Party and the Liberal Party from misusing such calls in the future.

Fair Elections ActGovernment Orders

February 6th, 2014 / 4:55 p.m.
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Conservative

Brad Butt Conservative Mississauga—Streetsville, ON

Mr. Speaker, it is my pleasure to rise and speak today to Bill C-23, the fair elections act, which has been introduced by the Minister of State for Democratic Reform.

The fair elections act would ensure that everyday citizens are in charge of democracy by putting special interests on the sidelines and rule breakers out of business. The bill also makes it harder to break the elections law. It closes loopholes to big money. It imposes new penalties on political impostors who make rogue calls, and empowers law enforcement with sharper teeth, a longer reach, and a freer hand.

The fair elections act would protect voters from rogue calls, with a mandatory public registry for mass calling, prison time for impersonating elections officials, and increased penalties. It would give more independence to the Commissioner of Canada Elections, allowing her or him to have control over their staff and investigations, empowering the officer to seek tougher penalties for existing electoral offences, and providing more than a dozen new offences to combat big money, rogue calls, and fraudulent voting.

It would crack down on voter fraud by prohibiting vouching or voter information cards as the only acceptable forms of ID. It would make the rules for elections clear, predictable, and easier to follow. It would ban the use of loans which are often used to evade donation rules. It would repeal the ban on premature transmission of election results, upholding free speech and the realities of technology and communications in the 21st century. It would provide better customer service to voters and establish an extra day of polling.

In the case of disagreements over election expenses, it would allow a member of Parliament to present the disputed case in the courts and to have judges quickly rule on it, before the Chief Electoral Officer seeks the MP's suspension.

What I want to focus on today is something that I know my colleagues in the House are concerned about. We have all seen how big money can influence elections in other countries, and that is something that our government, this government, is committed to preventing in Canada.

Our government is pursuing a principled agenda to strengthen accountability and democracy in Canada. It was our Conservative government that instituted a ban on union and corporate donations to political parties, and this total ban will remain.

The fair elections act would reduce undue influence, both real and apparent, of wealthy interests in the political process. The current rules on political loans do not meet the high standards of accountability, transparency, and integrity that is expected by Canadians.

With the introduction of the fair elections act, we are building on our flagship Federal Accountability Act by bringing greater accountability and transparency to political loans. Everyday Canadians are expected to pay back their loans under strict rules, and the same should apply to politicians. Big money from special interests can drown out the voice of everyday citizens. That is why Canada's laws strive to keep it out.

The fair elections act would ban the use of loans to evade donation rules. It would allow political parties to fund democratic outreach with small increases in the current spending limits, while imposing tougher audits and penalties to enforce those limits. It would also make it easier for small donors to contribute more to democracy through the front door and harder for illegal big money to sneak in through the back door.

Some have used loans that are never repaid to get around the donations limit. If adopted, the fair elections act would put a stop to that by banning the use of loans to get around donation rules. It would do this by requiring uniform and transparent reporting for all political loans. This includes having to disclose the terms of the loan and the identity of the lender. It would bring the practice of issuing loans to political candidates and to parties out into the light. It would make the limit for total loans, loan guarantees, and contributions by individuals equal to the annual contribution limit.

A person with deeper pockets cannot get around the contribution limit by making a loan that they never intend to have paid back to them. It will ensure that if a candidate needs a bigger loan than the individual annual contribution limit, that candidate will have to go to a financial institution or political entity, not just a friend with money. The loan that they receive will have to be at a fair market rate of interest. There will be no more favours in the form of sub-market loans from political friends. That day is over.

It would tighten up the rules on unpaid loans. Candidates will not simply be able to walk away from loans that they have not repaid, which in reality turns that loan into a donation after the fact. If a candidate's loan is written off by the lender, the riding association or the party of that candidate will be held responsible for the unpaid loan. It would also put the political financing rules for party leadership contestants on the same footing as for other political entities.

The current timeframe, which is pre-event, would be changed to a per calendar year basis.

In addition to closing political loans loopholes, the bill would also make sure that political parties are being diligent about ensuring they comply with the law for political financing. The filings that parties have to make regarding their financial affairs should go farther than simply giving the appearance that a party is in compliance with the rules. Canadians should know that the information is accurate and reliable. An auditor should confirm that this is the case.

These audits are important, as some electoral expenses by parties can be reimbursed, but Canadians should have better assurances that taxpayer money to support our democratic system is only being spent under the right circumstances, and only when the expenses are in full compliance with our electoral laws.

The bill would increase the responsibility of the external auditors of political parties. It would require that they also conduct a compliance audit to assess the party's compliance with the political financing rules. The Chief Electoral Officer would have to consider the auditor's assessment of whether a party has complied with the political financing rules in the Elections Act before he or she could certify that the party's election expenses are eligible for reimbursement.

Canadians should also know what their political parties and candidates are spending money on, particularly when they are using voter contact services. The bill would create an obligation for political parties, registered associations, and candidates to identify any expenses in their returns for voter contact services.

Finally, the bill includes a strong financial deterrent to prevent political parties and candidates from exceeding the expense limits.

The potential reimbursement would be reduced for every dollar they overspend by $1 for every $1 that exceeds the maximum amount by less than 5%; $2 for every $1 that exceeds the maximum amount by 5% or more, but less than 10%; $3 for every $1 that exceeds the maximum amount by 10% or more, but less than 12.5%; and $4 for every $1 that exceeds the maximum amount of 12.5%.

I expect that colleagues in all parties can agree that penalties based on the idea that the more one overspends, the more it could cost in the end would indeed be an even greater incentive to ensure that the rules were followed.

I have just spent a fair bit of time outlining the bill and how it would crack down on illegitimate election spending and close financial loopholes, but the fact of the matter is that campaigning in an election does take money. I know that. We all know that. My colleagues in this place certainly know that.

This bill would ensure that money comes from the right place: from individual Canadians. It would help parties and candidates to fund their campaigns by appealing to Canadian voters. Increasing the annual contribution limit for individuals to $1,500 would also make it easier for small donors to contribute more to democracy through the front door.

The bill would also increase the overall spending limit for national and local campaigns by 5% each.

In conclusion, this bill is about ensuring that the interests of Canadian citizens are at the forefront of our election rules. That means not only ensuring fair access to the electoral system and ensuring fraudsters and tricksters are caught, but also that there is no place for big money to exercise undue influence. It means ensuring that political parties and candidates are complying with the political financing rules. It also means making it easier for Canadians who want to contribute financially to our democratic system to do so. This bill puts Canadian voters first.

As we are at second reading of the bill, I encourage members to support the bill at second reading to get the bill before the procedure and House affairs committee, of which I am pleased and honoured to be a member.

I suspect many organizations and individuals will come forward to speak to the bill. I look forward to their input. I look forward to their ideas and suggestions. I look forward to ensuring that when we pass the final version of the fair elections act, it will stand up for fairness and transparency and it will be a great act to ensure that the voting rights and the democratic rights of each and every Canadian are respected.

Fair Elections ActGovernment Orders

February 6th, 2014 / 5:10 p.m.
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NDP

Pierre Jacob NDP Brome—Missisquoi, QC

Mr. Speaker, in 2000, the Prime Minister referred to Elections Canada officials as imbeciles. Recently, the minister responsible for democratic reform suggested that Elections Canada officials were being partisan.

I would like my colleague opposite to explain this gratuitous accusation. Why would they say that?

Fair Elections ActGovernment Orders

February 6th, 2014 / 5:10 p.m.
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Conservative

Brad Butt Conservative Mississauga—Streetsville, ON

Mr. Speaker, Elections Canada is an independent agency. The officials there operate independently. I certainly have respect for the work that they do.

I certainly know, from my own election campaign in Mississauga—Streetsville, that our local returning officer and his team were absolutely professional to work with. I respect the work of the paid individuals in election campaigns, as well as those in the polling stations, the local returning officers in the schools and churches, who are there welcoming voters and encouraging them to vote.

Elections Canada will continue to play that very important role for Canadians in administering elections fairly and properly for the benefit of all.

Fair Elections ActGovernment Orders

February 6th, 2014 / 5:10 p.m.
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Liberal

Scott Andrews Liberal Avalon, NL

Mr. Speaker, everyday citizens want to know how Bill C-23 is going to crack down on, for example, the member for Peterborough over-contributing to his campaign and accepting illegal donations from his brother. Everyday citizens want to know how the bill is going to crack down on the former member from Labrador, Peter Penashue, who accepted corporate contributions and over-contributed to his campaign, then quit, and then was allowed to run again. Everyday citizens want to know exactly how the in-and-out scandal that the Conservatives did in the 2006 election would be penalized through this piece of legislation. Those are the questions everyday citizens want answers to.

Perhaps the member could elaborate on how the bill would crack down on that kind of behaviour.