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

[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.

[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.

[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—

[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.

[Françoise Boivin, NDP, Gatineau, QC]

Mr. Speaker, I will be sharing my time with the fine member for Rosemont—La Petite-Patrie.

I would have liked to see the minister who just spoke answer the following question, which is perhaps more appropriate: How can a government become a majority government with barely 39% of the votes of the 61% of Canadians who voted? Clearly, there is a serious problem with the way we do things.

I agree with the minister that members of Parliament should not be the only ones wondering what is really happening with the elections process and democracy in our great and beautiful country. That also concerns me.

Furthermore, I am proud to say that, with 62% of the votes in my riding, I felt I was in the driver's seat. I felt I was representing my people. However, I am not proud that only 63% of the people of Gatineau exercised their right to vote. That means that 37% of the population chose to stay home rather than to exercise a fundamental right.

In some countries, people kill each other for the right to vote. They make huge sacrifices for this fundamental right.

We have a rather worrisome problem on our hands and it is not improving. With a bill like this, it is quite cynical to say that we are debating it. As my colleague from Vancouver East said, the title of the bill is the Fair Elections Actfair elections act. In French, it is theloi sur l'intégrité des élections. The intent is to make people believe that it will solve a lot of voter participation problems.

I think the message that the government is sending to Canadians and voters is a message of sheer mistrust.

In their speeches, the Conservatives make much of the fact that people cheat at election time. We heard that a few minutes ago right from the mouth of the minister of state. People are fraudulently vouching for people who have no identification. That fact alone is justification for disenfranchising masses of people who may have no easy access to pieces of identification, with due respect to the minister and all her lists.

It is already complicated enough for Canadians to understand the system and to find out where they have to go to vote. Some people have voted in the same place all their lives and then, suddenly, the polling station is not there any more.

Everyone who has been part of an election day knows what I am talking about. They know just how many questions they are asked that day. It does not matter that people have received their voter card or that they have seen newspaper ads about the date of the election and where they have to go to vote. Our volunteers get a lot of calls. We have a problem getting information to people.

What is the government's solution? It is to take away one of the ways people had to become informed and that was working very well. The Chief Electoral Officer and the institution we call Elections Canada are neutral and non-partisan, with all respect to our friends opposite. The institution is all about exercising democracy.

I remember sitting on the Standing Committee on Procedure and House Affairs in 2004 and meeting Jean-Pierre Kingsley, the chief electoral officer at the time. Members of Parliament were very proud to see the respect given to the chief electoral officer and the institution we call Elections Canada. For several years, there has been a kind of incredible tug-of-war going on under the noses of all Canadians concerning actions and investigations linked to the Conservative government.

Suddenly Elections Canada is biased. The chief electoral officer the Conservatives appointed is wearing a uniform, but not in their team's colours. Therefore, the Conservatives are responding with this bill.

We cannot help but be cynical when once again we are up against time allocation. We keep being told to read the bill and that it is not complicated, but it is 244 pages long. I started reading it carefully and realized that some parts of it are very technical. There is no logic to it; it is a mishmash. It is not entirely clear. Given the motion of the House Leader of the Official Opposition, not only did I look at the French, but I also checked whether the English said the same thing because I now have some doubts about that.

I see there is a discrepancy between the two titles: Loi sur l'intégrité des élections in French, and fair election act in English. Perhaps my English is not the best, but in my mind “fair” in English would be “juste” in French. Next, the French word “intégrité” would be “integrity”, which relates to honesty. There are also mistakes in the summary. It is a bit worrisome, just as it is to impose time allocation to debate a bill that affects a fundamental right to vote, namely, how to get it and how to access it. Many of my colleagues have asked questions, which the government members have done an incredible job of evading.

I am old enough to remember the good old days when people knocked on your door to find out how many voters lived in your house. The people asked you questions and wrote down the answers on the voters list. Next, they did the enumeration and revision of the lists in order to make sure that all the names were written down correctly. That method was eliminated, as though democracy had a price and the government wanted to show how good it is at managing public funds. It is particularly shameful to cut things that affect democracy.

This creates huge problems. I understand my colleagues who are from large rural ridings, especially my friends from Beauce and other areas in the interior of Quebec and Canada's far north. They have to cover huge territories over which small pockets of people are spread. Their situation is certainly different than that of a large city like Gatineau, the fourth largest city in Quebec. In Gatineau, the problems have more to do with the number of new developments. There are people who are not on our voters lists at all and are difficult to track down.

I will refrain from characterizing the comments made by the minister of state, who said to just do the work. I would love to take my scooter or my car and drive through all the streets, which I do anyway in an election campaign, but it is a bit much to suggest that we go and knock on all the doors and count everyone.

I am not saying that we should not do so; on the contrary. I think everyone in the House would do well to encourage their constituents to vote. Besides, no one is more active than I am on Facebook. While I was debating, I was communicating with the people of Gatineau on Facebook to hear what they think of the bill. The Conservatives might not be so happy to hear some of the comments I am receiving. However, that is normal, because they are probably from party supporters.

Am I the right person to encourage all voters in my riding and to do the work of the Chief Electoral Officer? I really like myself and I am confident that I can be impartial, up to a point. However, I have to admit that I do not know who I would encourage to vote if I had to choose between someone who would vote for me and someone who would not vote for me. I do not think that a Conservative would encourage an NDP supporter to go and vote.

The major fault of this bill is the lack of balance. For those listening, I repeat that this bill is 244 pages long. It is not simple. We have to really digest it. It is in the Conservatives' interest to broaden the debate as much as possible.

[Michelle Rempel, Conservative, Minister of State (Western Economic Diversification)]

Mr. Speaker, I am excited to speak on this topic today because it is an issue we all wrestle with. I want to spend my time today on a few areas of this bill, such as the voter education component, the vouching issue, access to voting facilities, and some of the measures set out for money and corporate donations, as well as some of the robocall issues in here.

I will start with the education component because it has come up in question period and in debate quite a bit. We should all be concerned with this, as parliamentarians, in a good way.

I asked my colleague opposite why young voters in his riding do not vote and why he had a low turnout. Did members notice that he could not answer? I have asked myself this question for the last three years I have been in my first term of Parliament. I have asked myself this in areas where I have seen lower voter turnout as I analyze the election results. How can I get out and encourage people to vote in this area? I see that as my responsibility as an elected official. I am certain that other people and other parties should be asking the same question.

Moreover, it is not just our job as someone running in a campaign; it is our job as parliamentarians. If we are not asking what issues motivate people to vote, we are not doing our job. Therefore, to make the argument that a government institution is responsible for finding out why people vote is an abdication of our responsibilities as parliamentarians. I cannot believe we are having the argument that we should be somehow divesting that voter persuasion, that issue engagement, and that policy engagement to a government entity. It is false logic. It degrades the democracy we are built upon.

Every day we should be talking to our constituents and asking them what issues motivate them, what makes them want to vote, what they care about, and where they want our party to be on an issue if they care about it so much. Not only is that the policy development process, that is what voter engagement is.

We can talk about social media and websites. I love the Apathy is Boring campaign. Members have talked about using art in terms of encouraging people to vote. Those are tools. That is the how people vote. It is not the why. We cannot shift the responsibility for an inquiry into why people vote to Elections Canada. That is our job. Therefore, every time I hear that come up in question period or whatnot, I want people to look inward and ask themselves why the youth in their riding are not voting.

Moreover, when we talk about why people do not vote, there is an issues component, but sometimes it comes down to a traffic jam, a school dance recital, a lack of child care coverage or transportation to the polls, or a big snowstorm.

I have talked to friends in data visualization. When they look at emergency response around an accident, for example, they look at how people move. It is a behavioural choice to make a decision to go somewhere or do something. Voting is going somewhere and doing something. As parliamentarians and candidates, we also have to look at what behavioural choices people make to go out and vote. That is not a static thing. When we are talking about why people vote, the issues change and what motivates someone changes, so we have to be on top of that. However, we also have to look at what behavioural impacts affect a person to vote on that night and at that time, which is why I find this bill so cool. I will get to that in a minute.

In researching and preparing for this speech, I looked at a paper prepared for Elections Canada in January 2011 entitled “Youth Electoral Engagement in Canada”. It is a fairly robust paper. I note that line one of the executive summary of this report states:

Youth electoral engagement in Canada is declining. Despite this, we do not know much about the causes of this decline.

It is a fascinating paper. It talks about many different reasons that could potentially have an impact on why people do or do not vote. At the end of the day, it talks about the possibility that we may need more data. To say that why people vote could be somehow impacted by a static snapshot in time is a bit of false logic too.

Therefore, when we are looking at who is best positioned to educate voters, it is not just a government department. Should we be entrusting voter persuasion to a government department? I am not sure. I think that is dangerous territory. What we should be asking is how do each of us here better reach out to different demographics in our riding. Do we understand what those demographics are? Do we understand what they care about and why? How do those issues change over time? How does the policy change over time?

On election day, I have to persuade people to go out to the polls, based on the job that I have done and the stands that my party has taken on these issues. Voter persuasion is not an election campaign issue. Elections Canada cannot just go out and persuade people to go vote. It is a term of office. It is a constant thing. Now, all of a sudden we are making an argument that a government institution should be taking the role of a parliamentarian, an NGO, or an educational institution. No, that is wrong. That is the sort of debate that allows us to considerably reduce the efficacy of our democracy in Canada, and I am strongly opposed to it.

I mentioned tools. What do we need to get people to go vote? How do they go out and vote? Let us educate people on where they vote. Let us look at some of those behavioural issues I talked about, like the snow storm, the traffic jams, the school recital. Let us give them more options on when and where they can vote. No one likes to stand in a long line. I know I do not. As my friends know, I am a very impatient person. As my staff members are watching this, they know that as well.

Therefore, for impatient people, how do we reduce the congestion in voting stations? That is what Bill C-23 does. It offers more advance polling days. It offers solutions around staffing, such as in areas of congestion, we would be able to reduce that. We should be tasking an administrative department with the how, with the tools. I really think that by legislating and enshrining that, in a very focused and specific mandate within the bill, we would be doing a great service to Canadians. However, we are not doing a service if we abdicate our responsibility as parliamentarians for understanding why people vote.

My colleague could not answer that. He could not understand why people do not vote in his riding. That is something we should all be concerned about. I am sure that if we got into a debate about how this group or that group feels about an issue, that would be interesting. I could not answer all of that, but I have some data. I have a good sense, based on the survey mechanisms I use in my riding. I do telephone town halls, town hall meetings, surveys, and social media. I try to communicate as many ways and with as many tools as I can, but at the end of the day, identifying what is going to persuade people to vote is my job. It is not Elections Canada's job.

On the vouching issue, I have been involved in politics for over a decade. I feel old saying that, but I spent much of my teen years and 20s spending vacation time learning how to campaign and doing something called “scrutineering”. That is watching people come to the polls and making sure there are no irregularities. I have seen irregularities happen. One just knows when something is happening. I have to think that the ability to identify someone, to take on the privilege of voting in our country, is something that we should not take lightly. Bill C-23 strikes the right balance.

Bill C-23 is saying that one should have the responsibility to identify oneself, but that let us try to provide as many forms of identification as possible to make that easy to do. For those who have been following this line of question in question period and in the House, I encourage them to go to the Elections Canada website, look at option 2 for what voter pieces of information are eligible, and read the list of eligible pieces of ID.

We talked about transient populations, aboriginal people, students who might be in homes, and seniors. Here are some things they can use as ID: attestation of residence issued by the responsible authority of a first nations band or reserve; one of the following, issued by a responsible authority of a shelter, soup kitchen, student or senior residence, or a long-term care facility; an attestation of residence, letter of stay, admission form, or statement of benefits; correspondence issued by a school, college, or university.

We are adding extra voting days through the advance polling days. We are saying there are a lot of different identification components in here. I see it as my job now to go out and make sure that people know this list exists. I had to do a little bit of Internet searching to find this. It is not front and centre.

I do not necessarily agree with all of her opinions, but I respect the member for Saanich—Gulf Islands, who has been a very active voice on this file. In the press release her party issued on February 4 when we released this bill, she said, “To improve voter turnout, we should repeal all the changes, including the photo ID requirement, that make it harder for young people...to vote.”

Right now people do not actually have to present photo ID. They can have two pieces of ID on the list I just went through, and that was not exhaustive. I did not read it all. I believe there are 30-plus different forms of identification that are still valid. If someone as educated and civically engaged as the member for Saanich—Gulf Islands does not know that we do not just have a photo identification requirement, maybe a lot of Canadians do not know what they can bring to the polls. That is the education component that we need. What the bill would do is to make it crystal clear in Elections Canada's mandate that it has to provide that service. It needs to educate voters on what they need to bring to the polls.

There should also be a component in there to make sure that political parties are educating people on what they need to bring. It is my job as a candidate to tell people what they need to bring to the polls in order to exercise their franchise. I do not see that as disenfranchisement. I see it as a collective responsibility to educate people on what they need to bring to the polls to exercise their right to vote.

I think this can be overcome. The research that my colleague, the Minister of State for Democratic Reform, has cited about irregularities relating to vouching provides a good impetus for us to address the issue in the bill. If the data were showing there were zero irregularities with this, we would be having a different debate, but the fact is that it is not. We would be remiss as parliamentarians if we did not even talk about the issue and that there is perhaps a problem here.

I was reading some of the background research that was provided on the bill and I believe that it has been shown that even with increased training for Elections Canada staff, there was still about the same level of irregularities related to vouching. This is a positive step, but having that education mandate focused on Elections Canada to tell people what identification they need to bring, having it front and centre on its website and in its communications, would be a very good and positive thing for the Canadian democratic process.

One thing in the bill that I think everyone will agree on is repeal of the ban on premature transmission of elections results. I was reading my Twitter feed when the bill came out and someone jokingly said that Canadian democracy has entered the age of the telephone. So it goes without saying that given the way that we now consume information as a country, the repeal of the ban speaks to the fact that we are acknowledging free speech rules and that this is just common sense. I am not sure if that has been talked about in debate, but it really is important and should be highlighted in the coverage of the bill.

The other very positive aspects are the rules to be in place around the public registry for mass calling, the prison time for impersonating elections officials, and the increased penalties for deceiving people out of their vote. Some of the measures we are putting in place are very positive for protecting electors when it comes to the information they are receiving about the election, including the creation of a registry of new voter contact services by telephone, and requiring registration with the CRTC of telephone service providers engaging in voter contact and any person or group engaging in the use of telephone service providers for voter contact purposes.

I encourage people to go to the democratic reform website of the government, as this particular component, as well as all of the other components of the bill, are clearly outlined there. It is very important for voters to know what the bill would do in strengthening the rules around robocalls. As well, the fact that we have to keep scripts and a record of how we have communicated to voters is a very good thing.

Another great thing is the increased disclosure requirements for political parties, candidates, and electoral associations, with a specific disclosure line in the election return for expenses incurred under the voter contact purposes by telephone.

The last component I want to speak on today is the financing component.

I often get asked, as we all do, why I ran for office. We always have issues or personal motivation, but part of why I ran was because I could.

When we compare the Canadian political system with the American system, where I believe there was over $6 billion spent on its last presidential campaign, we have a really good system that limits the amount of influence that corporations, NGOs, and any individual can have on our policy deliberations. Everyone in this room has the ability to spend time on policy without being subject to undue influence, because we are not beholden to people beyond a level of materiality that we have legislated in the House. Some of the things that we have talked about in the bill, including closing the political loans loophole, I think are very good for accessibility.

When we look at barriers to women running for office, the ability to raise funds is often something that comes up. Anything we can do to level the playing field and entry barriers for different demographics, who perhaps do not normally participate in the political process at a candidate level, I think is a very good thing. However, I have not heard anyone talk about that today. I have not heard anyone talk about how it is a very positive thing to make sure that people are on the same playing field as others who have access to a wealthy benefactor or lender. We should celebrate this measure.

I also look at the tougher penalties we are putting in place for people who are not in compliance with some of these rules. My colleague, the Minister of State for Democratic Reform, talks about sharper teeth, which are so important. When people break our democratic rules there should be penalties for that. When we look at the elements in the bill to address that, they are a very positive thing.

Also, the clarification of the rules of interpretation of the Canada Elections Act is a good thing for all of us who stand here. We all believe in a system where one is innocent until proven guilty. Knowing what the procedures would be around an Elections Canada ruling and having the ability to sit in this place while those occur is something we have a responsibility for back to our voters. People put us in this place based on exercising their franchise, which has been talked about so much in other components of this debate. To remove someone without concrete cause, I think, is something that we should be very concerned about. It could happen to any one of us here in any party. We are not condoning bad behaviour; far from it. We are saying that the rules associated with the Canada Elections Act need to be stated in a very clear and public way and applied equally in a non-partisan way. I think that is a very positive thing.

One of my purported constituents said, “Stand up for your constituents...and tell [the Minister of State for Democratic Reform] to think hard about what democratic reform really looks like...”.

I think he did. I think it is in this bill, and I commend him for all his work.

[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.

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.

Business of the House

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, this afternoon we will continue to the second of our four days of second reading debate on Bill C-23. I do want to draw attention that debate is on the fair elections act because that is significantly more than the five hours that the NDP critic yesterday proposed that the House should have as a debate at this stage.

We think that four days is better than five hours. We want more debate. Unfortunately, we did lose the debate this morning because of the delay and obstruction tactics from the opposition. However, we are optimistic that we will be able to proceed and have further debate today.

In fact, we would hope to have it also tomorrow and on Monday. The fair elections act, as we have all heard, will ensure that everyday citizens, everyday Canadians, remain in charge of Canadian democracy. Of course, it has had strong reviews, including an A minus from a former chief electoral officer for Canada.

Tuesday morning will see the ninth day of consideration of Bill C-2, Respect for Communities Act. It has now become painfully clear that the opposition will not agree to these common-sense rules that allow communities to have a say in whether a drug-injection site should be opened in their midst.

Mr. Speaker, the highlight of next week will be the budget presentation, with the hon. Minister of Finance delivering that in this chamber at 4 p.m. on Tuesday.

Wednesday and Friday of next week will be the first and second days of debate on the budget in the House.

I understand that Bill C-15, Northwest Territories devolution act, will be reported back from committee shortly. We will see that it gets considered at report stage, and hopefully third reading. At the moment, I am setting next Thursday aside for that purpose.

Bill C-23—Time Allocation Motion

[Pierre Poilievre, Conservative, Nepean—Carleton, ON]

Mr. Speaker, I am pleased that the member acknowledges there are some positive aspects to the fair elections act, and I look forward to working with him, or whichever delegates the NDP sends to the committee, to ensure that the fair elections act is even better.

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

moved:

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.

Bilingualism in Canada's Legislative Process

[Anne-Marie Day, NDP, Charlesbourg—Haute-Saint-Charles, QC]

Mr. Speaker, on February 4, I went to 2 Rideau St. for the recommended technical briefing that had been set up by the Privy Council. This was not their first time. These are people who are supposed to be well prepared and have a well-equipped translation service. We have it all the time in committee. We should be entitled to it.

Bill C-23 is very important and showed up out of nowhere. It is also very long. I need the technical information in my first language, which is French. When someone recommends that we go to these meetings, they should automatically ensure that there is simultaneous English and French interpretation. We do not want people beside us or at the front to try to translate the information for us.

MPs and senators were invited to this meeting. The briefing was organized by the Minister of State for Democratic Reform, the member for Nepean—Carleton. There were a number of interpretation problems, from the very beginning of the session. Several times, there was no interpretation at all. This is not a criticism of the public servants who were there and who did their best.

As a French-speaking member of Parliament, it is absolutely necessary for me to receive technical information on a bill as important as Bill C-23, the Fair Elections Act in my mother tongue, as this is something that affects every one of our ridings.

As the member for Sherbrooke said, it is very serious when MPs are prevented from doing their job because one of the official languages is treated as a secondary language.

In conclusion, I would like to share a quote from O'Brien and Bosc's House of Commons Procedure and Practice. On page 61 of the 2009 edition, they state, “The privileges of Members of the House of Commons provide the absolute immunity they require to perform their parliamentary work...”.

A technical briefing must be given in both official languages in a way that is not just so-so, but perfect.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Absolutely.

My colleague beside me says that people don't understand procedures. I understand agreements. I understand that on this particular piece of legislation...and as I say, I have some very strong thoughts. I would have loved to have brought forward motions and be able to debate that bill today. Trust me, I'd love to debate it. I was under the understanding that there was an all-party consensus that we wouldn't be doing something of this nature. Having said that, if we are going to be doing things of this nature, I would have liked to have been forewarned for the simple reason that I too would have liked to have been able to bring forth some motions in regard to Bill C-23.

[David Christopherson, NDP, Hamilton Centre, ON]

Just a moment, Chair.

I don't know what you're going on about here, but all I did was submit a notice of motion that I'm entitled to do on any subject without expecting to be editorialized and attacked by the chair for exercising my right. I am honouring our commitment on Bill C-23 totally, and my notice—

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

There was an agreement, from what I understand, on Bill C-23. Because I am exceptionally opinionated, as all members are on that particular piece of legislation. We all have things we would like to see done with that piece of legislation. Even though on the surface it sounds like a good motion. I would look to you for some guidance to the committee as to whether or not it's appropriate for us to be dealing with that, or sticking with the agenda, because I do have some more questions on the agenda items.