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.

[Scott Simms, Liberal, Coast of Bays—Central—Notre Dame, NL]

Okay, I just wanted to clarify that.

I want to go back to the beginning. When I say “beginning”, I want to go back to when we first met, which was a discourse you and I had about the Fair Elections Act some time ago. You used the term “meeting the test of the charter”, and we were quite fearful at the time that, in many cases, changes being made in the Fair Elections Act would mean that a lot of people out there would be in a vulnerable state when it came to voting, with things like the voter information card and so on and so forth.

What was so particularly egregious to you? What was the one part that caused you the most concern when the Fair Elections Act was put in place?

Report Stage

[Alupa Clarke, Conservative, Beauport—Limoilou, QC]

Mr. Speaker, here we are in the House, on Wednesday, May 30, at 8:45. I should mention that that is 8:45 p.m., for the many residents of Beauport—Limoilou who I am sure are tuning in. To all my constituents, good evening.

We are debating this evening because the Liberal government tabled very few significant government bills over the winter. Instead, they tabled an astounding number of private members' bills on things like swallows' day and beauty month. Sometimes my colleagues and I can hardly help laughing at this pile of utterly trivial bills. I also think that this process of randomly selecting the members who get to table bills is a bit past its prime. Maybe it should be reviewed. At the same time, I understand that it is up to each member to decide what kind of bill is important to him or her.

The reason we have had to sit until midnight for two days now is that, as my colleague from Perth—Wellington said, the government has been acting like a typical university student over the past three months. That comparison is a bit ridiculous, but it is true. The government is behaving like those students who wait until the last minute to do their assignments and are still working on them at 3 a.m. the day before they are due because they were too busy partying all semester. Members know what I mean, even though that paints a rather stereotypical picture of students; most of them do not do things like that.

In short, we have a government that, at the end of the session, has realized that time is running out and that it only has three weeks left to pass some of its legislative measures, some of which are rather lengthy bills that are key to the government's legislative agenda. One has to wonder about that.

The Liberals believe these bills to be important. However, because of their lack of responsibility over the past three months, we were unable to debate these major bills that will make significant changes to our society. Take for example, Bill C-76, which has to do with the electoral reforms that the Liberals want to make to the voting system, the way we vote, protection of the vote, and identification. There is also Bill C-49 on transportation in Canada, a very lengthy bill that we have not had time to examine properly.

Today we are debating Bill C-57 on sustainable development. This is an important topic, but for the past three years I have been getting sick and tired of seeing the Liberal government act as though it has a monopoly on environmental righteousness. I searched online to get an accurate picture of the record of Mr. Harper's Conservative government from 2006 to 2015, and I came across some fascinating results. I want to share this information very honestly with the House and my Liberal colleagues so that they understand that even though we did not talk incessantly about the environment, we achieved some excellent concrete results.

I want to read a quote from www.mediaterre.org, a perfectly legitimate site:

Stephen Harper's Canadian government released its 2007 budget on March 19. The budget allocated $4.5 billion in new investments to some 20 environmental projects. These measures include a $2,000 rebate for all electronic-vehicle or alternative-fuel purchases, and the creation of a $1.5-billion EcoTrust program to help provinces reduce greenhouse gas emissions.

The Liberals often criticize us for talking about the environment, but we did take action. For example, we set targets. We proposed reducing emissions to 30% below 2005 levels by 2030. The Liberals even retained these same targets as part of the Paris agreement.

They said we had targets, but no plan. That is not true. Not only did we have the $1.5-billion ecotrust program, but we also had a plan that involved federal co-operation.

Allow me to quote the premier of Quebec at the time, Jean Charest, who was praising the plan that was going to help Quebec—his province, my province—meet its greenhouse gas emissions targets. Jean Charest and Mr. Harper issued a joint press release.

Mr. Harper said, “Canada's New Government is investing to protect Canadians from the consequences of climate change, air pollution and greenhouse gas emissions.” He was already recognizing it in 2007.

Mr. Charest said, “In June 2006, our government adopted its plan to combat climate change. This plan has been hailed as one of the finest in North America. With Ottawa contributing financially to this Quebec initiative, we will be able to achieve our objectives.”

It was Mr. Charest who said that in 2007, at a press conference with the prime minister.

I will continue to read the joint press release from the two governments, “As a result of this federal funding, the Government of Quebec has indicated that it will be able to reduce greenhouse gas emissions by 13.8 million tonnes of carbon dioxide or equivalent below its anticipated 2012 level.”

What is more, the $1.5-billion ecotrust that was supposed to be allocated and was allocated to every province provided $339 million to Quebec alone. That was going to allow Quebec to engage in the following: investments to improve access to new technologies for the trucking sector; a program to develop renewable energy sources in rural regions; a pilot plant for production of cellulosic ethanol; promotion of geothermal heat pumps in the residential sector; support for technological research and innovation for the reduction and sequestration of greenhouse gases. This is probably one of those programs that is helping us make our oil sands increasingly environmentally friendly by allowing us to capture the carbon that comes from converting the sands to oil. There are also measures for the capture of biogas from landfill sites, for waste treatment and energy recovery, and finally for Canada ecotrust.

I invite our Liberal colleagues to listen to what I am going to say. In 2007, Steven Guilbeault of Greenpeace said the following: “We are pleased to see that after negotiating for more than a year, Quebec has finally obtained the money it needs to move towards meeting the Kyoto targets.”

Who made it possible for Quebec to move towards meeting its Kyoto objectives? It was the Harper government, a Conservative government, which established the $1.5-billion ecotrust fund in 2007 with monies from the budget surplus.

Not only did we have a plan to meet the targets we proposed, but this was also a plan that could only be implemented if the provinces agreed to the targets. It was a plan that was funded through the budget surplus, that did not further tax Canadians, and that provided money directly, without any conditions, other than the fundamental requirement that it had to help reduce climate change, which was philosophically important. Any and all measures taken to reach that goal were left entirely to the discretion of the provinces.

Mr. Harper, like a good Conservative who supported decentralization and like a true federalist leader, said that he was giving $400 million to each province so it could move forward with its plan.

By 2015, after 10 years of Conservative government, the country had not only weathered the worst economic crisis, the worst recession in history since the 1930s, but it had also reduced greenhouse gas emissions by 2% and increased the gross domestic product for all Canadians while lopping three points off the GST and lowering income taxes for families with two children by an average of $2,000 per year.

If that is not co-operative federalism, if those are not real results, if that is not a concrete environmental plan, then I do not know what is. Add to that the fact that we achieved royal assent for no less than 25 to 35 bills every session.

In contrast, during this session, in between being forced to grapple with scandals involving the carbon tax, illegal border crossings, and the Trans Mountain project, this government has barely managed to come up with four genuinely important bills.

By contrast, we expanded parks and protected Canada's wetlands. Our environmental record is exceptional.

Furthermore, we allowed debate. For example, we debated Bill C-23 on electoral reform for four days. The Liberals' electoral reform was debated for two hours.

I am sad, but I am happy to debate until midnight because debating is my passion.

[Chris Bittle, Liberal, St. Catharines, ON]

Thank you so much.

Minister, welcome back. It's great to see you before the committee.

The Harper government's so-called Fair Elections Act made it harder for Canadians to vote and easier for people to evade our election laws. The Globe and Mail said, “This bill deserves to die.” The Chief Electoral Officer at the time said, “I certainly can't endorse a bill that disenfranchises electors.”

Why is it so important for the government that these provisions be repealed?

Democratic Reform

[Karina Gould, Liberal, Minister of Democratic Institutions]

Mr. Speaker, the other side keeps talking about rigging elections. The other side seems to forget that 400 academics signed a petition asking them to stop Bill C-23 when they were in power. Why was that? It was because they were worried that the Conservatives were going to circumvent democracy.

We are not afraid of Elections Canada. We are not afraid of the commissioner of Elections Canada, but perhaps that side is. Conservatives paid $250,000 in fines for breaking election laws. We will take no lessons from the Conservatives when it comes to democracy in this country.

[Karina Gould, Liberal, Minister of Democratic Institutions]

Mr. Speaker, the party opposite seems to have amnesia about Bill C-23. The Conservatives forget that they were the ones for whom The Globe and Mail ran a five-part series demanding that they not go forward with their elections legislation. Bill C-76 is undoing the damage that they did to our democracy.

In fact, they even went so far as to not consult Elections Canada on elections legislation. That is what we did in drafting this legislation. It was not instructing them, as the Conservatives are so falsely accusing.

[Karina Gould, Liberal, Minister of Democratic Institutions]

Mr. Speaker, I think my colleague opposite remembers the previous government's Bill C-23. With Bill C-76, we are making it easier for Canadians to vote, and we are cracking down on offenders who maliciously interfere with our electoral process. Compare that to the Conservatives, who, when they were in government, made it harder for Canadians to vote and who took part in malicious schemes, like the one involving Dean Del Mastro and his robocalls, to undermine the electoral process. We do not need any lectures on democracy from the Conservatives.

[Nathan Cullen, NDP, Skeena—Bulkley Valley, BC]

I hear Blake's concerns in terms of the public message or rhetoric matching the actions. Governments always say they want to work with you as they invoke time allocation. Some of my blue team colleagues down the row would know that, too.

I'm just looking for what would work. I hear the offer from Chris with respect to the minister up front and then the minister at the back. It gets to the two hours, except that it may be a middle ground. It seems possible to me that, in some ways, it could be more effective, just in that, by the second time, we will have heard criticisms of the bill, where the holes are, and then we could call the minister back and ask, “Did you think about this? Did you think about that?”

We had early confusion, if you remember, Mr. Chair. It was Scott who was asked to introduce it as the interim minister, so you can forgive it a bit, but even through the technical briefings that some of us —not many—went to, from the public servant side of things, there were major questions that they either didn't have the answers to or gave us incorrect information.

Parties issuing receipts and needing to issue receipts before they could get reimbursed from Elections Canada was a major part of the bill that we asked Scott about. He said, “You can amend it.” A few days went by, and then he said, “It's actually in the bill”. That type of stuff does not give me as a parliamentarian a huge amount of confidence that this is locked, has been well considered, and is totally airtight. I think we're going to find either by intention or by not paying attention that there are problems with the bill.

I'm still pushing for travel. I understand the tight timelines, but again, my grandmother used to say that a lack of planning on my part did not make for a crisis on her part. As a little kid, I wasn't a great planner.

This is what I was going to propose. We hit the thing hard starting next week. I look at our totals as a way to think about these committee studies. How many hours can you fit in to start to satisfy what would seem like a worthwhile...? Frankly, this has been so late. It's not even going to meet the standard that we took with Bill C-23, the Fair Elections Act. It's not going to meet the same number of hours of study, which, as I have said, is unfortunate, because I think it's a bigger bill than Bill C-23 was. We could argue whether it's as good, more damaging, or whatnot.

We've lost two hours of committee time for next week through other things. If we were to do two hours on the Monday, get an hour on Tuesday, do another two hours either Tuesday or Wednesday, and then get another hour on Thursday, that would give us six, maybe. That would be my proposal for next week. That's the “get the ball rolling” week.

The next week I'm going to propose we travel.

[Nathan Cullen, NDP, Skeena—Bulkley Valley, BC]

Bill C-23.... Memories fade, don't they? It was a classic.

That legislation we spent a couple of months on. Obviously, there have not been a couple of months made available to us to spend on a bill that I would actually say is more ambitious in scope, because Bill C-76 has all the components of what the—I'll keep using the term, just to be polite—Fair Elections Act had in it, plus an additional number of sections about foreign influence and other aspects of our voting ecosystem, as it's been referred to. It's bigger and we're going to spend less time on it, which is worrisome to me as a parliamentarian, because we have one job, and it's to try to get legislation right. Whether you agree with it or not, understanding it is proper.

I've always felt and committed.... Ruby knows this. There are many Canadians who are very committed and deeply passionate about our democratic processes. They come from all sides of the spectrum. Sometimes they seem to care more than we do, frankly. They want their voices to be input into this. This doesn't belong to us: we're just here for a moment. We are making changes that will last long beyond our careers in this place, and we should be responsible to the people who sent us here.

It's with some regret, but I'll suggest that we crack it next week. We start with what I would say are some of the more obvious witnesses who are available to us. I think we should have a very short timeline in terms of submitting witnesses to the chair. I was going to suggest noon tomorrow, but that might be a bit aggressive. I'll put it out there, chuck it at the wall, and see if it sticks.

[Scott Reid, Conservative, Lanark—Frontenac—Kingston, ON]

Bill C-23. There you go, I remembered that.

Second reading

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, I really do appreciate many of the comments made by the leader of the Green Party.

She was here during the debate on Bill C-23, Harper's Fair Elections Act. We found that there were a great many individuals, academics, Elections Canada itself, and parties within the chamber, excluding the Conservatives, who really opposed the legislation. Today, we have a wide spectrum of support, not only outside this chamber but also inside it, where we have more than one party supporting the legislation.

Would my colleague and friend across the way not recognize that there are some who ultimately do not want to have the elections laws reformed? If this legislation passes, it will strengthen Canada's democracy. I agree there is always room for improvement. However, this will provide additional strength to Canada's democracy. Would the member not agree that at times we do have to look at ways to get legislation through, because there are parties that will put up whatever obstacles they can to prevent its passage?

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, it is an honour for me to rise to speak to Bill C-76.

I am pleased to rise in debate today, but I regret that it is in the context of time allocation already being applied to the bill. I appreciate that the Liberal side of the House has provided time for my colleague, the hon. member for Montcalm, and for me to speak to the bill, but I regret deeply the use of time allocation. Because I was not able to get in on the debate on time allocation that occurred before the vote, let me suggest some ideas to the hon. minister, the government House leader, and others as to how we might avoid so many time allocations.

It is my belief that the ability, in votes, of all three of the larger parties, particularly the official opposition and the governing party, to put forward as many speakers as possible on any bill is a black box for our House leaders. Getting agreement is something I will leave to them. I can only assume that when we have a lot of time allocations, the coordination is not going well. I do not blame any one party more than the others. I will just say that it is not a good thing for this place when we have time allocation, particularly on a bill that is important.

I would like to suggest that the Speaker has the power, and could be encouraged by those within this place who want the place to work better, to insist on a rule that has fallen into disuse. That rule is that members cannot read speeches. If no one could read a speech, people in the back rooms could not hand a speech to someone and say, “Go give this speech. You are up next.”

They would have to call enough people forward who had read the bill and understood the bill and were prepared to debate it without notes. I am not saying that there are not many of us who are prepared to do that, but the ability of a House leader, on any side, to decide to play games with this place would be significantly minimized if we went back to that rule, which already exists.

I would urge those who think it is a good idea to perhaps speak to their own House leaders. In that case, I would just have a conversation with myself, but the rest of those assembled here should talk to their whips, talk to the House leaders, and talk to the Speaker if they think it would be a good idea to say that we do not want all the members to just read. I am not saying that members do not get up and read speeches they have written themselves. I know that happens, but a lot of times, people read something they have never seen before in their lives. We can tell by the rapt attention with which they deliver something they do not actually know much about or believe in.

Here ends the rant on how to get this place to work better. If people could only get up and speak based on what they know about a bill, we would get more interesting debates and more civilized debates, and we might have an easier time getting agreement on how many speakers there would be on legislation.

It is really tragic that we are seeing time allocation as often as we are seeing it. I do not think it is healthy for democracy, and I know it is going to be an election issue, with everyone saying, “They did it more. They did it too. They are hypocrites.” We should not live in glass houses if we are going to collect stones.

This bill is good legislation. It is very good legislation. It undoes a lot of what happened in the unfair elections act before the last election, but that does not mean that it is perfect legislation, which is why we should not be hearing from the minister that it has already been discussed at PROC. It should be discussed in this place at second reading, where all members who are engaged in the issue and know about it can participate, because not everyone is on PROC. It is a committee.

We know that Bill C-33, which was excellent legislation, languished for a year and a half. It was tabled when I was still serving on the Special Committee on Electoral Reform, which was one of the more tragic experiences of my life. We were still sitting around the table putting forward good ideas, but then saying, “Oh, the minister has new legislation that just came out that has some of our ideas in it.” That was Bill C-33. It came out in December of 2016, and everything from Bill C-33 is now rolled into Bill C-76.

For those who are not familiar with the bill, perhaps who are watching from home, let me say that Bill C-33 did a lot of very good things. I know that the Conservatives will disagree. They like Bill C-23, which they called the Fair Elections Act. What it did was make it harder for Canadians to vote. There is no doubt in my mind about that. I had people come to me who were not allowed to vote.

Bill C-23 was focused on the false notion that Canada suffered from voter fraud. However, it is very clear, on the evidence, that the problem in Canada is not people who try to vote more than once; it is people who vote less than once. We do not have any voter fraud that the elections commissioner has ever really been able to find is a problem. Our problem is low voter turnout.

The Conservatives were quite self-congratulatory when we went from an average national voter turnout of 60% in 2011 to a voter turnout of 68% in 2015. They said that proved that the unfair elections act did not decrease voter turnout. In fact, I think it masked what would have been a much bigger voter turnout. Young people mobilized in 2015. There were a lot of efforts to educate people about vote mobs, advanced poll voting, and getting people who did not usually vote out to vote.

I am enormously proud to represent Saanich—Gulf Islands. In 2011, when the voter turnout nationally was 60%, voter turnout in Saanich—Gulf Islands was just a titch below 75%. In 2015, when I was re-elected, voter turnout was just a bit below 80%. Now, that is nothing compared to my friend who is leader of the Green Party in Prince Edward Island, Peter Bevan-Baker. When he was elected, voter turnout in his riding was 93%.

Let us not be satisfied with 68%. We need to see 90% or 95% of Canadians voting and feeling good about the democratic experience. I think getting back the voter registration card is important. Bringing back vouching is important, and so is bringing back the powers of the Chief Electoral Officer to inform people and educate people. Warn people when voter fraud is happening.

Everything in Bill C-33 that would undo Bill C-23 is to the good and should be passed quickly. As well, I really like the idea that the Elections Canada folks would go into schools and register people who are 16 to 18 years old so that when they get the right to vote, they know what they are doing. They know where to go. They have already registered to vote. That is all in what was former Bill C-33. It is all good stuff. I wish we had already passed it.

Now we are looking at new and additional changes. I wish we had seen more. Clearly, if we are going to protect the privacy of Canadians, it is long past time that political parties were exempted from the Privacy Act. I have never heard a single good reason why we are in a special category, political parties, and Canadians' data is safe with us. Clearly, it is not safe with us. We get hacked. We hire companies and do not have any idea that they will be doing stuff like Cambridge Analytica or some of the ones that mine data and use it for other things. We are not in a position to say that it is good enough to have a voluntary code of privacy practice for every political party that we are required by law to show Elections Canada and have posted publicly.

By the way, I do not think “trust us” works terribly well for political parties. One of the best pieces of legislation from the 41st Parliament, the Reform Act, to bring about reform in this place and reduce the power of political party leaders over their MPs, which came out under the name of the member for Wellington—Halton Hills, required a change in the Parliament of Canada Act. It was executed. Section 49 is new and requires parties, immediately after the election, to have a discussion in caucus and a vote to decide what the powers of the leader will be. For instance, will the power of the leader include throwing someone out of caucus?

I am reliably informed that even though that is the law of the day, two out of three recognized parties in this place skipped that step and did not think it was important to follow the Parliament of Canada Act, section 49. I am deeply dismayed that this took place. All MPs in this place should ask their party leadership if they did that. Did they file the letter with the Speaker? They should ask to see the letter filed with the Speaker to comply with section 49 of the Parliament of Canada Act.

On to the other things in Bill C-76. I hope the government will be open to amendments. As I said, this is good legislation. It does take on things like pre-writ spending. However, why are we allowing any pre-writ spending on televised election ads that bombard Canadians with negative messages and attack ads. It is good to regulate spending before an election. Let us just say that between election day and the next time a writ drops, no one is allowed to spend any money on political ads. There is not an election going on, so no spending. I will be bringing forward things like that as amendments.

Why are we increasing the spending ability of third parties? I would love to see us go in the direction of many countries around the world, including the U.K., which prohibit spending for electronic political ads of any kind at any time. It is very useful legislation.

There are many things I would like to suggest need more work in this legislation. Getting it to committee is important, but not so important that we should have time allocation in this place.

Bill C-76—Time Allocation Motion

[Karina Gould, Liberal, Burlington, ON]

Madam Speaker, that is why I think we need to get this bill to committee as soon as possible. It is to ensure that those questions are asked of witnesses, that those questions are asked of myself, of officials, of Elections Canada, so that we can have the proper scrutiny, so that we can get this done, so that we can ensure that we have restored the transgressions in democracy that were put forward by the previous government in Bill C-23 and ensure that we have integrity in our system in 2019.

That is exactly what we are going to do. I look forward to continuing this conversation and continuing this debate and dialogue with colleagues in this House and at committee. Let us get it there. Let us get it done for Canadians.

[Karina Gould, Liberal, Burlington, ON]

Madam Speaker, I think the member is confused because she is recalling Bill C-23 from the previous government. That is what happened when the Conservatives tried to rig the election in their favour. This bill is precisely trying to fix those abhorrent changes that were put forward with regard to democracy and to specifically ensure that we re-establish its integrity.

In the previous response I mentioned returning power to the commissioner of Elections Canada to compel testimony and lay charges, precisely because there were some members on the other side of the aisle who ended up in jail for their transgressions. Therefore, we are empowering the commissioner of Elections Canada to make sure he has the tools necessary to enforce the law and also to ensure that the law is strengthened so that we can uphold democracy here in this country.

Elections Modernization Act

[Xavier Barsalou-Duval, Bloc, Pierre-Boucher—Les Patriotes—Verchères, QC]

Mr. Speaker, I would like to thank my colleague opposite, who is generously sharing his time with me.

It is a great pleasure to speak today to Bill C-76 on behalf of the Bloc Québécois. Many subjects are debated in the House, and when we discuss democracy, and changes in how we operate and how members of the House are elected, I believe that it is a crucially important debate for everyone here. Furthermore, it is even more important that we take the time needed to debate these matters and that everyone have the opportunity to speak as long as necessary, because our democracy is at issue.

My party studied the bill thoroughly, but since we do not have much speaking time today, I will have to focus on just a few main themes.

Before I begin my more in-depth analysis, I would like to touch on the few things we think this bill gets right. First of all, Bill C-76 undoes some of the damage the Conservatives did with Bill C-23, such as preventing the Chief Electoral Officer from educating voters about the voting process and encouraging people to vote.

I think virtually all of us can agree with the basic principle that more voter participation is a good thing. The Chief Electoral Officer's job is to make sure that as many people as possible can vote. Preventing people from voting undermines and delegitimizes our democracy. On that, this bill is a good first step.

In addition, the bill gives the Chief Electoral Officer and the Commissioner of Canada Elections some powers that were also taken away from them under Bill C-23.

Bill C-76 contains positive measures to encourage members of the armed forces, young people and persons with disabilities to participate in the electoral process. We also welcome the government's efforts in this regard. Finally, we are particularly supportive of limiting the duration of the election campaign to 50 days, because that is what the Bloc Québécois asked for during the last federal election in 2015. In fact, the Conservative government used a loophole in the fixed election date bill to greatly extend the duration of the election campaign in order to circumvent the spirit of the legislation put in place. We had not seen such a long election campaign in hundreds of years. It did not make sense. We needed something that made sense. We had to frame that. For this reason, we are pleased to see the 50-day limit, because it is still a reasonable limit. We very much welcome these provisions and congratulate the government on having retained the position and vision of the Bloc Québécois on this issue.

Now, I want to talk about one of the biggest problems with Bill C-76. The problem is not necessarily what is in the bill, but what is missing from it, and some measures in the bill are not particularly interesting.

I want to point out four areas on which we disagree. If I have the time, I will then talk about what we plan to do later on. The first thing that we have a problem with is third-party involvement in the electoral process. The government is proposing greater oversight of third-party involvement in the electoral process. We think it is a good idea to have greater oversight of third parties, except that this oversight would allow for a higher spending limit for third parties, even though there is greater oversight during the pre-election period. There is also greater oversight over the money going to and from these third parties.

The government is over-complicating things. We do not think that third parties should be influencing the election by spending money during the electoral process. We think that is a bad thing. The political parties that spend money to get elected are the ones that should be involved in the electoral process. We are already supposed to be regulating spending and fundraising for political parties, so third parties should not be spending money to get other parties or a specific party elected. It is dangerous to get third parties involved since they could find roundabout ways to use money to support one party and undermine the others.

Interested parties could draw inspiration from what is happening in the United States with super PACs. We do not think that is good for democracy. We need to make much simpler rules that categorically ban third-party intervention in electoral spending. We hope the government and the other parties will be open to that idea.

Voter identification is another issue that is especially important to us. We got a chance to discuss it in 2015, during the last election campaign. Bill C-76 would have been a great opportunity to move the discussion forward, but unfortunately, it will not require Canadians to uncover their faces to vote, which is something the Bloc Québécois has been calling for for a long time. Some parties have supported us in calling for that. Candidates from other parties have even broken ranks to side with us.

In 2007, Michel Guimond introduced Bill C-465, which required every elector to identify himself or herself with his or her face uncovered before voting. When Bill C-23 was being debated in committee, MP André Bellavance, who is now mayor of Victoriaville, also introduced some amendments specifically requiring voters to uncover their faces. Unfortunately, at the time, the NDP, the Conservative Party, and the Liberal Party banded together to veto the Bloc Québécois's proposal that Canadians be required to uncover their faces in order to vote. The end result was that during the 2015 election people showed up to vote dressed any which way. Some dressed up as clowns, Star Wars or Star Trek characters, or monsters, while others put on hockey gear. It was absolutely disgraceful.

The electoral process must be serious, secure, and secular, since our government must be secular. It therefore seems obvious to us that Canadians should vote with their faces uncovered. We are very pleased that the Conservatives seem to have had an awakening in this regard. We hope that they will remain consistent in their views on this.

Another issue that we care about, and I hope I will have time to mention them all, is political party financing. Something must be done because not everyone can afford to pay $1,500 to attend a cocktail party. After the Conservatives did away with the public funding for political parties implemented by Jean Chrétien in response to the sponsorship scandal, the Liberals promised that they would bring it back. However, once they took office, it seems they changed their minds. Perhaps they realized that there were a lot of people who wanted to make donations. Why then would they allow the other parties to compete on a level playing field? It is important to have a level playing field. The parties should receive funding based on votes, not just on the depth of their party supporters' pockets.

Another issue that we care about is government advertising. The government promised to do something about that, but there is nothing in this bill in that regard. We know how this works. We have seen a lot of quasi-partisan or questionable advertising in recent years. The government has a duty to take action on this issue.

There is also no framework for the leadership debate in this bill. It seems pretty clear to us that all parties represented in the House should have the opportunity to participate in the leadership debate. The bill also does nothing to reform the voting system. The government has broken its promise in that regard.

Finally, the Liberals are trying to let foreigners keep the right to vote. It seems obvious to us that the people who should be able to vote are the people who live here, in a riding in Canada, and not people from other countries. We understand the case of members of the armed forces or people who are temporarily out of the country. However, people who have been out of the country for years do not have the interests of people living here at heart. Those people should just vote in their new country, if they so wish.

[Alupa Clarke, Conservative, Beauport—Limoilou, QC]

Mr. Speaker, thank you for giving me the opportunity to speak today as we get back to the House after a week in our ridings. Last week was very busy, I must say. I also want to take this opportunity to say hello to the many constituents of Beauport—Limoilou who, as always, are watching now on Facebook Live or who will be watching at a later time when the videos are posted on CPAC.

Today we are talking about democratic participation, which I find fascinating. If there is one thing that interests me most in life, it is democratic participation. This was the reason I got involved in politics. I urge Canadians to get involved. Last week I held the first-ever “Alupa à l'écoute!” public consultation in Beauport—Limoilou. I spent more than six hours listening to my constituents and answering their questions. Ultimately, my goal was to hear about the concerns, challenges, and difficulties they face in their day-to-day lives. The next consultation will be in Giffard on September 13, and the third will be in Beauport on November 17. For more information, people can call 418-663-2113. After these three public consultations, I will produce a report in the winter of 2019 and introduce a bill to address an issue that people face in their day-to-day lives. In those six hours last Thursday, I answered every question from around 40 constituents. I was very proud, because this kind of democratic accountability is absolutely essential. That actually ties into this bill.

Let us talk about participatory democracy. Once again, Bill C-76 is not all bad, but we expect that the Conservatives will vote against this bill for specific reasons. I did say “expect”, but that will depend on what happens in committee. My first impression is that this is another attempt by a government that brags about its international and national brilliance. Specifically, the Liberal government thinks it has a monopoly on being virtuous all the time. They want to sell to Canadians on the idea that with this bill they are again improving the accessibility of the electoral system and the eligibility to vote. A number of Liberal colleagues spoke in this place about the integrity of the system. With respect to Bill C-76, we feel that some of the amendments and new rules will directly or indirectly undermine Canada's electoral system.

My Liberal colleague, who as usual was fiery and spouted anti-Conservative rhetoric, said that voting is of course a fundamental right, but that it is also a privilege, as my colleague from Lethbridge stated. It is a privilege that requires a right and individual responsibility first and foremost. The laws that govern Elections Canada at present seek not just to foster participation, but also to ensure that this duty is carried out with integrity and responsibly. It is really a conflict between how to increase the public's participation and how to ensure that the right to vote remains a protected right.

The Liberal member for Willowdale spoke eloquently of the history of our great federation by talking about the changes in voting almost every decade; we went from suffrage on the basis of property ownership to popular ballot. We went from the popular ballot, just for men, to voting for women, thank God. It was Borden's Conservative government that gave women the right to vote. All the parties here, Canada's major governing parties, Liberal and Conservative, are always in favour of making voting more accessible.

We have some technical questions about the bill. That is unfortunate because, as my Liberal colleagues said, accessibility to the vote is a fundamental debate. Why did the Liberals move a time allocation motion a week ago? We were supposed to vote on time allocation today. Surely, the Liberals backed down after finding that they would look undemocratic by allocating only two or three hours of debate on such a fundamental issue.

In comparison, for Conservative Bill C-23, which dealt with Elections Canada and which was introduced during the 41st Parliament, we had four days of debate for a total of 14 hours, in addition to 23 meetings in committee, on this bill that was aimed at improving our electoral system. At this point, we have only had two hours of debate on Bill C-76.

As the NDP did, it is important to recall the concerns raised by the Chief Electoral Officer. He said that the government had previously tabled the amendments to Bill C-76 in Bill C-33, which died on the Order Paper. Actually, it did not exactly die on the Order Paper, because there was no prorogation, but it never got beyond first reading. The Chief Electoral Officer therefore told the government that it needed to get to work right away if it really wanted to make changes in time for the 2019 election. However, the government waited until the last second to make these changes, just days from the deadline set by the Chief Electoral Officer. Clearly, this is just another tactic to keep us from debating Bill C-76 properly.

Certain parts of this bill are fine, but what I find utterly astounding about it is that it proves that Mr. Harper was right back in 2015. The Liberals called us terrible, horrible partisans for announcing the election on July 1. However, the reason we did that was because Mr. Harper had noticed a problem. During the month of June 2015, unions, such as the FTQ in eastern Canada and other big unions in western Canada, which of course are free to protest, had spent tens of millions of dollars on partisan ads attacking the Canadian government in power at the time, which was a Conservative government. Since we could not respond to that situation because we were not in an election period, Mr. Harper, a man of unimpeachable integrity, decided to call an election so that we could respond using election expenses.

Throughout the campaign, the Liberals called us enemies of democracy who only cared about winning votes. In fact, they still say that about us today. However, by creating a pre-election period beginning on June 30 in Bill C-76, they are confirming, beyond a shadow of a doubt, that Mr. Harper was right to do the same thing four years ago. That is a tribute to our former prime minister.

What exactly would Bill C-76 do? It would expand voter eligibility. Apparently this bill would prepare future voters by creating a register of young people aged 14 to 17 so that Elections Canada can start communicating with them. That seems kind of strange to me because that is when young people are most likely going to CEGEP or community college and living in apartments with two or three roommates. I do not really know how that communication is supposed to happen considering that young people today use their phones and social networks such as Facebook to communicate.

My Liberal colleague said that Liberals support enfranchisement, but giving kids the right to vote is something else entirely. He said that voting is a basic right, but that there is discrimination inherent in our system because Canadian citizens under the age of 18 do not have the right to vote. Voting is not in fact a privilege and a basic right granted to everyone. There are limits, and we can all agree that those limits are good for democracy and the duty to vote because people under the age of 18 have to go to school and do their homework. I strongly agree with that. If they are not in school, they should at least be working or travelling around the world and around Canada without asking anyone for money. I can say for sure that, up to age 18, people should be preparing to exercise their civic duty. That is why people cannot vote until they turn 18. It is not in fact an absolute right for everyone. There is already some discrimination inherent in the right to vote in Canada.

Then there are three pre-election periods. I have already mentioned the pre-election period, so let us talk about the “pre-pre-election” period. There is already a problem with this one, since there will be no constraints on the financial commitments of domestic and international third parties.

Until June 30, we know very well that all the international environmental groups, who like to see the Prime Minister contemplating the death of the oil sands, will spend millions of dollars to promote the end of natural and energy resources in Canada, which is very bad news. Natural resources represent 40% of the Canadian economy. We are in an energy transition. The systematic blindness on the part of the Marxist left and the centrist left in Canada is astounding. We are always being told that we are not making any effort on the environmental front. Since 1960, the environment has been systematically and continuously improved. Let us also not forget that this 40% of the Canadian economy is used to fund hospitals, education programs and our elections, which still cost hundreds of millions of dollars.

They also want an extended period of advance polling, which is very good. I won because of advance polling, so it is a very good idea. Joking aside, it is a good thing.

With regard to limiting the election campaign to 50 days, we could also ask why 50 days and not 37.

The Liberals want to change the requirement of having identification with an address and photo. It will be terrible. I go door to door every month in my riding—