Bill C-23 (Historical)

Fair Elections Act

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

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.

Fair Elections Act

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, how wonderful it would have been if the government had sat down with opposition members to talk about some of these ideas it is now imposing. At the end of the day, when the Conservatives talk about this commissioner and they see that as a positive thing, they are wrong. It is not a positive thing. Canadians need to be aware that what the Conservative government is doing is saying, “Trust us. We will determine whether or not we want to prosecute an election violation. We are going to have more control over the independent commissioner. We're taking it away from Elections Canada”.

Quite frankly, I have more trust in the Chief Electoral Officer ensuring that our system is fair than I do in the Prime Minister's Office and those guys running around in short pants. I say the government has made a mistake on this issue, and if it saw the error in its ways it would make the changes necessary and allow for an amendment that would put it back with the Chief Electoral Officer. That is the right thing to do.

[Paul Calandra, Conservative, Oak Ridges—Markham, ON]

You are actually lying to Parliament.

[The Speaker, Andrew Scheer]

The hon. member for Scarborough—Agincourt is rising on a point of order.

[Jim Karygiannis, Liberal, Scarborough—Agincourt, ON]

Mr. Speaker, I am sure that if you check the blues you will find out that the government member called my good friend a liar. If I heard right, the expression he said is, “You are lying”. I would ask the member if he would get up and apologize to my colleague from Winnipeg North. That is the only right thing to do.

[Paul Calandra, Conservative, Oak Ridges—Markham, ON]

Mr. Speaker, I was simply pointing out the fact that the member was not adequately or correctly talking about the act as it is written. He was misrepresenting the facts of the act, and I think that is inappropriate.

If the word “lying” is an inappropriate use of terms, then I will withdraw that term, but I will still stand with the fact that the member was completely misrepresenting the act and perhaps should do a better job and maybe might want to read the act.

[The Speaker, Andrew Scheer]

I can assure the hon. parliamentary secretary that the word “lying” is unparliamentary, so I appreciate the fact that he has withdrawn it.

The hon. member for Louis-Hébert.

[Denis Blanchette, NDP, Louis-Hébert, QC]

Mr. Speaker, I would like to begin by saying that I find the tone of today's debate regrettable. After all, we are talking about democracy in Canada, how it should be implemented now and in the future and how it can be reformed. I am very disappointed to hear such partisan debate.

I am especially interested in public awareness about the right to vote, and in raising awareness among young people in particular, since that segment of the population is the least likely to vote. It worries me to see that that education will be scrapped. After all, a government is elected for the future, not just the present.

I would like to hear my colleague's comments on the necessity and paramount importance of educating our youth about democratic rights.

[The Speaker, Andrew Scheer]

The hon. member for Winnipeg North has just 30 seconds.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I sat on an election reform committee in the province of Manitoba and dealt with Elections Manitoba. We talked about how we could empower people to vote. We came up with ideas, such as allowing individuals to vote in malls, providing proper and adequate resources for advertising dollars, and so forth. We could have done many things with regard to the issue of empowerment and encouraging more people to vote.

I want to go back to the comments made by the Parliamentary Secretary to the Prime Minister because I am disappointed in them. I would suggest that he read the bill. If he wants to respect our—

[The Speaker, Andrew Scheer]

I am afraid the hon. member has run out of time.

Resuming debate. The hon. member for Lanark--Frontenac--Lennox and Addington.

[Scott Reid, Conservative, Lanark—Frontenac—Lennox and Addington, ON]

Mr. Speaker, I want to return the attention of the House to some of the valuable aspects of this proposed piece of legislation, which would go a long way toward improving the quality of elections in this country.

Listening to some of the histrionics in what has been said earlier, one would think that Canada is a third world country in which elections are wildly abused. My hon. colleague for Guelph suggested that in 200 separate ridings there were investigations relating to people being misdirected to the wrong polling stations. If this were the tip of some giant iceberg, he would be right; we would be unfit to be considered a part of the family of developed and democratic nations. However, on its face, that is a ridiculous assertion.

One of the ridings the member was referring to was my riding, in which an allegation was made by at least one person phoning the Chief Electoral Officer, which is what actually accounts for the 200 different ridings. I do not know if the member is suggesting that my riding, where I defeated the Liberal candidate by more than a three-to-one margin and the NDP candidate by more than a two-to-one margin, was one in which our party was attempting to misdirect voters because we were afraid we would otherwise lose the seat. If that is what he wants to assert, then he should come out and assert that, as opposed to using this sort of ridiculous innuendo and suggestion, when a clear counterfactual is the case.

Let me deal with three real benefits to the new legislation.

The first is a mandate to Elections Canada as to how it would direct its advertising revenue during and prior to writ periods. This is to be found in proposed section 18 of the legislation. I will read this legislation and then comment on it. Proposed section 18 would now read:

(1) The Chief Electoral Officer may provide the public, both inside and outside Canada, with information on the following topics only:

(a) how to become a candidate;

(b) how an elector may have their name added to a list of electors and may have corrections made to information respecting the electors on the list;

(c) how an elector may vote under section 127 and the times, dates and locations of voting;

(d) how an elector may establish their identity and residence in order to vote, including the pieces of identification they may use to that end; and

(e) the measures for assisting electors with a disability to access a polling station or advance polling station to mark a ballot.

Proposed subsection (2) of that section says:

The Chief Electoral Officer shall ensure that any information provided [above] is accessible to electors with disabilities.

The Chief Electoral Officer has spent a great deal of money on advertising, but very little on these practical issues. This is despite the fact that many Canadians turn up at the polls, in some cases, as in a rural area, having driven a great distance, and discovering they do not have the necessary identification and are therefore unable to vote. Or, they find themselves in a situation in which they cannot vote at an advance polling station because they were not on the voter's list. This is a real problem.

I asked the Chief Electoral Officer in a meeting of the procedure and House affairs committee how big a problem there is with the voter's list. He hummed and hawed and did not want to answer the question. The answer is that there is a 20% rate of errors; one Canadian in five is not on the list or is on the list in the wrong way. That is a problem.

This legislation is designed to help people correct these problems for themselves. They can get on the list. They can find out how to vote. They can find out the methods available to them with whatever disability they may have, be it a mobility impairment, a visual disability, etcetera.

The CEO has to put in an effort to find out how to get those pieces of information to those communities, which is a challenge. I might add that this challenge has attracted no interest from the CEO until now, but now he will have to do that. That is a good thing.

Secondly, I want to talk a bit about voter identification and the issue of fraud. We have put in a lot of effort in this Parliament, and the previous one, into designing legislation in order to reduce electoral fraud. One of the key reasons this electoral fraud can exist is because Elections Canada has had to loosen the criteria for allowing people to vote and to identify themselves, given that Elections Canada has done such an unsatisfactory job in determining who is actually permitted to vote.

Mr. Speaker, I have just been passed a note. I am supposed to remind you that I am splitting my time with the member for Ancaster—Dundas—Flamborough—Westdale and not, despite his helpful suggestion, the member for Malpeque. He no doubt will have fascinating things to say when his time comes.

The situation with voter identification is a mess in Canada. We recently had a case adjudicated between the current member of Parliament for Etobicoke Centre and the former member. They were disputing whether people had voted validly in the election. In the end, the Supreme Court of Canada decided in favour of the present Conservative member and against the former Liberal member in that case. What was striking was that the issues revolved entirely around problems associated with voter identification, with the fact that people were not on the list properly. It all could have been resolved with better rules. Bill C-23 attempts to provide some of those rules.

One of the things that the bill would do is to specify that the voter identification card sent to a voter by the Chief Electoral Officer may not be used as a piece of identification for the purpose of voting. That is stated in proposed subsection 143(2.1):

The Chief Electoral Officer may authorize types of identification for the purposes of [voting]. For greater certainty, any document—other than a notice of confirmation of registration...may be authorized.

Why is this important? Let me give an example. My name is Scott Jeffrey Reid. In the 2004 election, I received three voter ID cards at my address. One was addressed to Scott Reid, one to Jeffrey Reid, and one to Scott Jeffrey Reid. Of course, all three voters are me. I can legally vote at the returning office at almost any point during the writ period. I can vote at the advance poll. I can vote on election day, in my case at a school near my house. I could have gone to all three of those places and voted, and there would be no record. They would take the voter ID card, but there would be no record that I had voted in multiple places.

I raised this matter with the former chief electoral officer, Jean-Pierre Kingsley, when he appeared before the procedure and House affairs committee. I said that this was not a very effective kind of identification. He responded that given the fact that I could go to these multiple places and engage in fraudulent voting anyway, what did it matter? I think that is not a very satisfactory response. Attempting to bring the issue of identification under control is very important. The elimination of vouching is a very important aspect of that.

I want to bring attention to, arguably, one of the most important aspects of the bill, which is the rule that from now on when the Chief Electoral Officer makes a ruling as to how the law is to be interpreted—and in some areas the law is ambiguous and will be found to be ambiguous in the future—he must apply the same rules to everyone. When we listen to the other side talking about the in-and-out scandal, they mean that a practice that was legal at the time was found afterwards by the Chief Electoral Officer, retrospectively, to be illegal in the preceding election. However, it was not found to be illegal in the election preceding that one, in which the other parties, not the Conservatives, had engaged in the practice. If we engage in that kind of retrospective ruling, we create a very unfair, unlevel playing field. That can no longer happen. No longer can retrospective rulings be imposed, and no longer can a ruling be imposed that does not apply universally.

A compliance agreement under the law is where a party violates the law. The New Democrats did this when they allowed sponsored advertising at their national convention, thereby allowing union contributions. It must be made public. They cannot keep it secret. When it is kept secret there cannot be precedents developed. There is no guarantee that the law will be enforced equally. That is a huge step forward. It is astonishing that Elections Canada did not undertake this on its own without encouragement from outside. However, having failed to do so, it will not be required to do so, and that is a very good thing.

[Mathieu Ravignat, NDP, Pontiac, QC]

Mr. Speaker, I cannot think of anything more fundamental that we can do as parliamentarians than when we begin to change electoral laws. It is fundamental to our democracy.

One of the reasons I sought to be elected was that our democracy is fragile, and its legitimacy is also fragile. There is a lot of cynicism about the democratic process, and we need to address that. One of the ways we can address that is through electoral reform, ensuring that more Canadians can participate and that they want to participate.

I am personally concerned about those who have difficulties registering as voters. I have two first nations in my riding, and levels of poverty, and those individuals may have difficulties registering in their current state.

I wonder whether the government has addressed this problem and what its strategy is to ensure that all Canadians, particularly my constituents, can vote.

[Scott Reid, Conservative, Lanark—Frontenac—Lennox and Addington, ON]

Mr. Speaker, if I may say, I did not agree with the first part of the question. I do not believe that the legitimacy of democracy in Canada is fragile, or indeed that our democracy itself is fragile. We are, with the exception of the United Kingdom, the United States, and Switzerland, the longest functioning democracy in the world, so I would disagree with the hon. member's question. If by that he meant it could be perfected and that there is much work we could do, then I think he is right.

I think what he really meant is contained in his reference to electoral reform. There are strong arguments to be made that certain kinds of reforms, such as the method by which we are elected, might improve things. My own preference would be for the alternative ballot, which is what is used in Australia.

However, I think that point is well taken. With regard to voter registration, the member is mixing his terms. In the United States, there is voter registration. An individual has to actually register as a voter in order to vote. They have to go through the process of registration. There was a restriction on registration for African-Americans, for decades, but particularly when it came to a head in the 1960s. It was a severe civil rights problem.

Let me be clear. He is talking about enumeration problems. The way to solve enumeration, in my opinion, especially when there are rapidly mobile populations or multiple people coming of age, is to have more on the ground enumeration that is administered by Elections Canada.

[Wayne Easter, Liberal, Malpeque, PE]

Mr. Speaker, I listened closely to what the member for Lanark—Frontenac—Lennox and Addington had to say. He said at the beginning of his remarks that there are valuable assets in this legislation. No one is denying that.

The problem is that in the broad approach to the legislation, the ability of the Chief Electoral Officer, as we would say in farm terms, is having his or her legs cut out from under them. Their ability to do their job on overall elections concerns is being taken away from them. The good things in the bill are being nullified by the damage that is being done to the Chief Electoral Officer.

If the Commissioner of Elections Canada is no longer appointed by the Chief Electoral Officer, who is appointed and accountable to Parliament, and instead would be a government appointee through the Director of Public Prosecutions, then that kills the whole ability for the Chief Electoral Officer to do the job of finding the many things that have been found in elections since 2006.

That is the problem. The assets are nullified by the broad approach that the government is taking in destroying the ability of the Chief Electoral Officer to do his job. Would the member not agree?

[Scott Reid, Conservative, Lanark—Frontenac—Lennox and Addington, ON]

Mr. Speaker, I would not agree at all. The Director of Public Prosecutions, of course, is a public official. No one questions his integrity. He was appointed in the same way, and indeed most public officials at the highest level are appointed in this way. There is no inherent problem with the process itself.

It is my understanding that when the bill goes through the same individual would continue to be commissioner of elections. I do not think there is any suggestion that somehow his integrity would be compromised by that change. However, he would be in the right office. He would be a prosecutor, someone who is officiating and prosecuting in a prosecutorial office.

The investigatory and administrative arm of Elections Canada would be kept separate from the prosecution. This is the same practice that allows us to separate, at this level, the Parliament of Canada, which is legislative, from the executive part of government. This should happen here too.