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.

[Craig Scott, NDP, Toronto—Danforth, ON]

So in no way is it an extension of Bill C-23, and you have recommended, I believe, that this provision be deleted, correct?

[Craig Scott, NDP, Toronto—Danforth, ON]

Thank you.

The minister has said that Bill C-50 simply extends the rules in Bill C-23 on what the forms of ID are, and that's actually completely erroneous, because the new proposed subsection 143(2.11) is a new restriction on what you, as the Chief Electoral Officer, are allowed to delegate as ID across the board. Is that correct?

[Scott Simms, Liberal, Bonavista—Gander—Grand Falls—Windsor, NL]

Okay. Did you want to add to that? No?

I have a final question on the coming into force. We're not far away from October 19. In light of the changes made by Bill C-23 that have to go through, and now this, Bill C-50, time is really tight. Is it possible to enact all this?

[Marc Mayrand]

Thank you, Mr Chair.

BillC-50 introduces a number of changes to the Canada Elections Act that relate primarily to the process of voting from abroad but that also touch upon various other aspects of our regime. I will keep my remarks relatively brief and, as always, will be happy to answer any questions that may assist the committee in its study of this bill.

The first change I wish to underline is the provision that would allow the Minister of Citizenship and Immigration to provide information on non-citizens. This is an important proposal. It would improve the quality of the register of electors by preventing the inclusion of non-citizens and by allowing me to remove those who may have already been included.

Over the last few years, my office has had discussions with the Department of Citizenship and Immigration, as well as the Minister of State for Democratic Reform, about accessing the department's information on non-citizens in Canada. Unfortunately, in the absence of explicit statutory authority, privacy laws prevent Citizenship and Immigration from sharing this information with us. The amendment proposed in this bill would remove that obstacle.

With access to information on non-citizens, Elections Canada could first match it against persons in the register of electors and contact them to clarify their status. If they are not citizens, they would be removed from the register. Second, we would ensure that on a going forward basis, when individuals wish to be included in the register, they would be checked against information on non-citizens.

The second and perhaps most significant change proposed by Bill C-50 is the elimination of the International Register of Electors. All electors abroad who wish to vote by special ballot, other than military electors, will now be required to make an application after the writs are issued. They would have to provide proof of citizenship, in addition to proving their identity and residence. If they no longer reside in Canada, they would have to prove what was their last place of ordinary residence here in this country.

It is clear that these new rules will make it harder for electors abroad to vote. The requirement to prove citizenship confirms a pre-existing administrative practice for electors who reside abroad.

It would now also apply to people temporarily away, such as snowbirds. These people normally have a passport, and this aspect of the proposed regime is not a concern.

Proving their last place of ordinary residence in Canada, however, is likely to be much more problematic. This is especially true for those who have been away for a number of years and who will not likely have kept any acceptable ID with their former address. Given that their former address will not change until they resume residence in Canada, it is unclear why it must be proven for each election that occurs while an elector is abroad.

Although the bill allows for the attestation of residence by another elector when no documentary proof is available, this procedure is burdensome. It requires attesting electors to provide documentary proof of their place of residence in the same electoral district. It also requires electors and attestors to each take oaths or make statutory declarations administered by a qualified third party. This administrative burden may well be a barrier for some electors.

Another concern for electors abroad, and probably the most significant one, is timing. Currently, once electors residing abroad have established entitlement to be included in the international register, they will automatically be mailed a voting kit after the writs are issued. In this regard, the international register was designed to reduce the number of situations in which an elector is unable to return a completed ballot in time for the election day.

Under Bill C-50, electors would now have to make an application after the issue of the writs and send it to Elections Canada from whatever part of the globe they find themselves in. The application will have to be processed, a voting kit mailed out, and their completed ballot returned by 6 p.m. on election day. While we would strive to reduce the delays as much as possible, the challenge for electors abroad would be unavoidably increased.

Both of these concerns—that is, the problem with having to repeatedly prove a former residence and the difficulty for electors to return their ballot in time—result from the abolition of the International Register of Electors. I see no reason why the International Register of Electors should be abolished or how maintaining the register isn't compatible with the objectives of the bill.

As a third significant change, Bill C-50 proposes to harmonize the voter identification rules by extending to those who vote by mail the rules applicable to those who vote in person.

My concern is not so much with harmonization, which I support, as it is with a new requirement under Bill C-50 that would apply to voter identification, whether in person or by mail. This is the requirement that documents authorized by the Chief Electoral Officer be only documents issued by an entity that is—and I quote—“incorporated or formed by or under an Act of Parliament or of the legislature of a province or that is otherwise formed in Canada”.

First, it's not clear from a legal point of view what this actually means. Certainly, it is broader than simply entities incorporated under Canadian law, but what exactly is meant by “otherwise formed in Canada”? Does it include entities incorporated abroad but registered in Canada? What else does it include?

I cannot see how election officials, especially deputy returning officers at ordinary polls, will be able to decide whether a particular bank or credit institution, such as Amex or Visa, was incorporated or formed in Canada. This is equally true of a telephone service provider, such as Virgin or Koodoo, or any insurance company, especially when they operate both in Canada and abroad. It is not realistic to expect that election officers will be able to make these determinations or that candidates' representatives will have a clear understanding of what is acceptable ID and what is not. It is also difficult to see how this requirement can be easily communicated or understood by Canadian voters who want to make sure they have the right pieces of ID.

In the absence of clarity, the proposed rules will lead to confusion, inconsistent application, and, quite possibly, controversy at the polls. This begs the question of whether such a new restriction on acceptable pieces of ID is necessary. Documents, including utility bills and bank statements that include an elector's residential address in Canada, will most likely be issued by entities that operate in and have a connection with Canada. But in the event they do not, it is not clear how a communication from a bank or a university abroad is any less trustworthy as a proof of identity and address than a communication from a Canadian university or bank.

I strongly encourage the committee to examine this aspect closely, keeping in mind the fact that election officers will be required to administer these complex requirements. My view is that such a restriction is unnecessary and would not improve the integrity of our system, and that it should therefore be deleted from the bill.

The fourth point I would make relates to a number of more minor, but nevertheless significant, technical and operational concerns I have with the bill as currently drafted. I have brought a table that identifies these concerns and, to the extent possible, proposes solutions. In many, if not all, cases, you will see these are merely drafting adjustments to make sure the bill achieves its intended purpose.

While I do not think it is necessary for me to go through the table with you today, the proposed changes are nevertheless important. For example, with respect to expanding the mandatory procedural audit to include the administration of the special voting rules, the proposed wording may inadvertently prevent auditors from having access to election documents that are critical to the audit of the regular polls. I do not think this is the intent.

Finally, I wish to speak to the implementation of Bill C-50 and the proposed period of 60 days for its coming into force. This is an exceptionally short period for implementing changes to the electoral process.

With respect to receiving information to remove non-citizens from the register of electors, this will take some time to implement. We will need, first, to put in place an information-sharing agreement with the Department of Citizenship and Immigration. Once this is in place, we will be able to receive and process the data on non-citizens in order to match it with the register. Finally, we will need to write to those in the register who are identified as possible non-citizens and ask them to confirm their status. This is clearly not something that can be done in 60 days.

With respect to implementing the proposed changes to the special voting rules and to the voter identification rules at the polls, this is possible, but not without important challenges and some risks. As you are aware, we have been busy implementing the changes introduced by Bill C-23 and getting ready for a general election.

The further amendments proposed by Bill C-50 would require changes not only to manuals, but also to instructions, forms and public information material for both the special voting process and the regular vote. With respect to the special voting rules, we will also need to develop workarounds for our IT systems, which cannot be redesigned immediately. While we will spare no effort, it can be expected that there will be some confusion, as well as procedural errors.

I will conclude by reiterating that there are aspects of Bill C-50 that I welcome, in particular the new provision allowing the Minister of Citizenship and Immigration to provide information on non-citizens to Elections Canada. I also support the requirement to prove citizenship when applying to vote from abroad. I am, however, concerned with the fact that the bill will make it more difficult for electors abroad to vote, and I expect that many will not be able to do so under the new rules. I am also very concerned with the new requirement that pieces of ID be issued by entities incorporated or “formed in Canada”—a criterion that is unclear and that cannot be administered by election officers. I urge the committee to consider this aspect of the bill, and also to consider other changes set out in the table I submitted that are in line with the bill's objectives.

Mr. Chair, I would be pleased to answer any questions from the committee members.

[Marc Mayrand]

Pre-writ, one of the things that we will be doing shortly is issuing a guideline under the new provision of Bill C-23 regarding third parties, advising them of the rules, how they apply, how they should be administered, and what's expected from them. We'll do a bit of public consultation on that, but that will be broadly communicated to the public and third parties as we go. That's a new feature.

Again, we monitor during the election. I'm sure that candidates, as they see things happening, will bring them to our attention. I would welcome them to bring it to our attention or, if they think it's an offence, to the commissioner's attention.

[Craig Scott, NDP, Toronto—Danforth, ON]

Monsieur Mayrand, I have a very quick question. I'm wondering whether a mechanism has been worked out with the newly located Commissioner of Canada Elections for involvement of his staff in some of the compliance problem-solving functions that you described when we were looking at Bill C-23.

One of the gaps in the government's understanding of what the commissioner does during elections is that a whole team of people helps respond to compliance issues. Will that happen in this election? If so, is it on Elections Canada's dime? Is it on the Department of Justice's dime? In any case, is that seamless transition from the previous state to this one going to happen?

[Alexandrine Latendresse, NDP, Louis-Saint-Laurent, QC]

Regarding disabled individuals, when we studied Bill C-23, a number of groups that came to testify talked about the accessibility of polling stations and some of Elections Canada's offices.

You mentioned in your presentation that offices will be rented before September 1. Is there any special emphasis on those offices' accessibility?

[Marc Mayrand]

Thank you, Mr. Chair, for inviting me to discuss the 2015-16 main estimates for my office.

I am accompanied today by Stéphane Perrault, Deputy Chief Electoral Officer, Regulatory Affairs. I am also accompanied by Hugues St-Pierre, Chief Financial and Planning Officer, as well as Belaineh Deguefé, Deputy Chief Electoral Officer, Integrated Services, Policy and Public Affairs.

Today, the committee is studying our annual appropriation, which is $29.2 million. This represents the salaries of approximately 350 full-time-equivalent employees. Combined with our statutory authority, which funds all other expenditures under the Canada Elections Act, our 2015-16 main estimates total $396 million.

This includes $317 million for the October 19 election. In total and over four fiscal years, the cost of the 2015 general election is estimated at some $375 million. A number of factors may influence actual expenses, such as the duration of the campaign; the level of spending by political entities; adjustments to election worker fees and allowances; and prevailing market conditions for advertising and for the rental of local offices, furniture and equipment.

My office has just completed a three-year cycle of election preparation, modernizing its technological infrastructure and its approach to communications, and enhancing field training programs and business processes to respond to the ever-increasing expectations of voters and candidates that the electoral process be both accessible and trustworthy. We will be deploying resources progressively and just in time for the call for the October 19 election.

Returning officers will be instructed to rent their offices for September 1. That window of two weeks before local offices are open to the public will enable us to set up field equipment, including computers and telephones. Over the summer months, final preparations, including hiring and training key personnel, printing materials, and releasing pre-election advertising aimed at encouraging voter registration, will be completed. These activities are monitored closely so as to avoid unnecessary incremental costs.

During the upcoming election, electors will benefit from a number of new or improved services.

Elections Canada has established an online service that allows electors to verify, update or complete their voter registration. The ability for electors to do so before they arrive at the polls may contribute to improving the accuracy of the voters lists used on election day. We expect that it will also reduce the number of electors who have to register to vote at the polls on election day.

We have also made a number of changes to allow electors to vote in a timely manner. Polling stations will now have a “fast lane” for registered electors who have the required identification and are ready to vote. Another lane will be set aside for electors who require additional procedures, like registering at the polls or having another elector attest to their residence.

In order to improve accessibility leading up to the 2015 election, Elections Canada worked with the disability community to identify 35 accessibility standards that returning officers will apply to select voting locations. Information about the extent to which polling stations are accessible will be included on voter information cards and on Elections Canada's website. Electors will be able to contact returning officer in advance to inquire about accessibility and to make special arrangements if required. Moreover, electors will have more opportunities to vote, with an additional day of advanced polls and special ballot voting at Elections Canada satellite offices in 56 institutions across the country, including college and university campuses, YMCAs, and aboriginal friendship centres.

As per the document on the electoral reminder program that I shared with the committee earlier this week, frequent reminders will be issued using a variety of vehicles to advise electors on when, where, and how to register and vote. Elections Canada will also focus on reaching out to electors before the issue of the writs through targeted promotion of online registration, as part of its effort to increase registration before electors arrive at the polls.

Following the 41st general election, Elections Canada began working towards improving its ability to respond to electoral incidents that may interfere with voter participation. In this regard, we will monitor the election environment to be better prepared to detect and respond quickly to any incidents that threaten the integrity of the election.

We have also undertaken a number of initiatives to improve how poll workers follow procedures known to be complex. Some of these initiatives include enhanced recruitment practices, modernized training, simplified procedures, and clearer instructions for elections workers. We have also renewed the role of central poll supervisors, who will be able to provide guidance to staff at the polling station and ensure that procedures are followed.

We have also launched a procurement process for the independent audit of poll worker performance introduced by Bill C-23. The agency is currently awaiting bids from interested parties. This process should be completed by the end of July, in time for the fall election.

In the 14 months following the election, I will publish three reports to provide a comprehensive perspective on the event. First, a factual chronology of the election will be published in early 2016 within 90 days of the return of the writs. This first report will include the measures taken by Elections Canada to improve the accuracy of the lists of electors.

In June 2016, a second report will present a retrospective of the 2015 election, drawing on the experience of electors and candidates. This report will include the official poll-by-poll voting results and the conclusions of the independent audit of poll worker performance.

By December 2016, I aim to table a final report that will recommend administrative and legislative improvements.

Mr. Chair, this brings me to the end of my remarks in relation to the main estimates. My colleagues and I are happy to answer any questions the committee might have.

Citizen Voting Act

[Laurin Liu, NDP, Rivière-des-Mille-Îles, QC]

Mr. Speaker, I would like to thank my colleague for his very interesting speech. He eloquently presented our position on Bill C-50 and the reasons why we are opposed to An Act to amend the Canada Elections Act.

This bill basically deals with the right to vote of Canadians living abroad. This bill is very important because it directly affects one out of three Canadians. Unfortunately, I see that we are debating this bill under a time allocation motion. In fact, it is the 95th time allocation motion that the Conservative government has imposed on the House since 2011. Despite the fact that we have raised a number of concerns with this bill, the government does not want to have this serious debate in the House, which I find disappointing.

I am also disappointed by this government's approach in terms of the bills it has introduced in the House concerning Canadians' right to vote. A few years ago, it introduced Bill C-23, and I was able to voice my concerns about it in the House. It restricted the right to vote of many Canadians, especially marginalized Canadians. In fact, the bill actually prevented them from voting. Bill C-23 primarily prevents young people from voting, as it does aboriginal people and vulnerable citizens, such as the homeless. Basically, the voter card will no longer be accepted as a form of identification when people go to their polling station to vote in an election. With this bill, 120,000 Canadians who had to have someone vouch for them during the last federal election may not be able to vote in the next election. Bill C-23 is extremely problematic.

However, today, we are debating Bill C-50, which could prevent another cohort of Canadians from voting. I am talking about the 1.4 million Canadians who live abroad. We know that there are many reasons why Canadians choose to live abroad. Some of them are going to school, while others are working and are very mobile. I am the NDP deputy science and technology critic. I therefore talk with many scientists who find very interesting jobs or contracts that require them to live abroad for several years. I am also thinking of some of my constituents who often travel to the United States, including retirees who choose to spend their final years there. They are still very attached to Canada and they feel as though they are 100% Canadian. They would like to have the right to vote in Canada's general elections.

I would like to give a little bit of background to explain why this bill was introduced in the House and why it is so necessary. The bill is before the House because of an Ontario Superior Court decision. That court ruled that paragraph 11(d) of the Canada Elections Act, which prevents Canadian citizens who have been living abroad for more than five years from voting, is unconstitutional. We therefore have a problem. The court forced this government to take action. The decision was rendered in the case of Frank et al. v. Attorney General of Canada. It is a case that will be quoted often in this debate.

At first glance, the bill seems to harmonize the legislation with the court's decision. However, we need to be careful. We on this side of the House did our homework, and we found that that is not the case.

In fact, the bill does not bring the act in line with the Ontario Superior Court ruling. Bill C-50 does not repeal subsection 11(a) of the Canada Elections Act, and the government has still not withdrawn its appeal of the Frank ruling.

The government is talking out of both sides of its mouth. It talks about this ruling and claims to want to find a solution to the problem, but it has introduced a bill that is not consistent with the Ontario Superior Court ruling. In fact, it has introduced a bill that will cause even more problems for Canadians living abroad.

Bill C-50 will make it more difficult for all citizens living abroad to vote, whether they have been abroad for more than five years or for less. Furthermore, the bill provides for new prohibitions on the types of identification that the Chief Electoral Officer will accept from any citizen living in Canada or abroad, which could seriously compromise the votes of many Canadians come election day.

Before going into detail about the problems with this bill, I would like to talk briefly about Bill C-575, which was introduced by my colleague from Halifax. The bill is clear and unequivocal. It is the NDP's response to the decision in Frank et al. v. The Attorney General of Canada.

This bill, which was introduced in good faith, gives all Canadians living abroad the right to vote. I would like to know why my Conservative colleagues did not simply accept and adopt the bill introduced by my colleague from Halifax, which is in line with the court's ruling.

Unfortunately, the Conservatives' bill ties Elections Canada's hands and makes voter identification requirements so complicated that Canadian citizens living abroad will have a much harder time voting. They are doing this for no reason at all.

I listened to my Conservative colleagues' speeches, but I did not hear one single citation or study showing that the measures in this bill are necessary and valid. Back when the Conservative government was advocating for Bill C-23, it was also unable to quote one expert who thought the measures in the bill were a good idea.

Since I have only a minute left, I would like to go into more detail about the provision that removes the Chief Electoral Officer's discretionary power to determine what forms of identification are acceptable under certain circumstances. For example, under clause 143, the Chief Electoral Officer will no longer be able to accept a foreign driver's licence as a main form of identification or even a secondary form of identification to corroborate a main one. We have to wonder how many Canadians living abroad keep a driver's licence that is no longer valid.

[Scott Simms, Liberal, Bonavista—Gander—Grand Falls—Windsor, NL]

Mr. Speaker, there seems to be a trend happening from Bill C-23 until now where consultations have not taken place, to the point where members in committee find themselves struggling to fix some of the mistakes that were made initially, which have been pointed out by many in the House earlier. The lack of consultation is certainly alarming. We were expecting this to address the Frank decision directly; instead, we got what was a different piece of legislation in addition to the challenge to the ruling that was made.

[Mike Sullivan, NDP, York South—Weston, ON]

Mr. Speaker, on the matter of the court case that gave rise to this bill, we think, although the minister did not say that, that court case said, or the end result was that every Canadian, regardless of where he or she lives, has a constitutional right to vote and it cannot be taken away by means of an artificial time limit. The government, with the other hoops that it is putting in this bill, would appear to be taking away that right to vote, not just for the people who have lived outside of Canada for more than five years, but for all persons who live outside of Canada, because it will now become effectively impossible for them to properly cast their ballots in a reasonable timeframe.

With Bill C-23, the government also made it more difficult for persons who are on the margins of society, those who do not have documentation, who do not have access to myriad personal information because sometimes they are homeless or not living in a place that is permanent and as a result, it will become almost impossible for them to cast ballots.

[Laurin Liu, NDP, Rivière-des-Mille-Îles, QC]

Mr. Speaker, the NDP is definitely the only party in the House that is prepared to defend the right of every Canadian to vote in a general election.

Can my hon. colleague speak briefly to the previous bill, Bill C-23, which dramatically limited Canadians' right to vote?

Would he also comment on the NDP's position and proposal regarding Frank et al. v. Attorney General of Canada?

[Scott Simms, Liberal, Bonavista—Gander—Grand Falls—Windsor, NL]

Mr. Speaker, there are several problems outlined, and they have been directly addressed, in some cases, but in other cases not so much. One of the problems arising from this, which I asked about earlier, was the coming into force, which the Chief Electoral Officer has told us is going to be very problematic, given the changes in Bill C-23 and now changes here.

Does the member agree that this would be overly problematic for Elections Canada, which does not have the resources for that?

[Alexandrine Latendresse, NDP, Louis-Saint-Laurent, QC]

Mr. Speaker, I thank my colleague from Louis-Hébert for his comments and his question. He raises a fundamental issue in the debate we are having here today on Bill C-50 as well as the debate we held last year on Bill C-23.

Right now, the biggest threat to our democracy in Canada is low voter turnout. That is our biggest problem and that is what we should be trying to fix, by whatever means necessary. We as politicians should be joining forces to try to address the problem of voter apathy and low voter turnout. It is a truly serious problem.

However, the Conservatives have become paranoid about massive electoral fraud by people who use vouching, although that is not at all the reality. There is no evidence whatsoever; nothing like that has ever been documented.

Faced with the immense problem of very low voter turnout, the Conservatives simply shrug their shoulders. They are not worried about it because, ultimately, they know that with fewer people voting, they can hold on to their little powers and their small majority, given to them by a minority of Canadians.

The only thing that matters to them is being able to hold on to power and control. They really do not care whether democracy is advanced in any way.

[Alexandrine Latendresse, NDP, Louis-Saint-Laurent, QC]

Mr. Speaker, I thank my colleague from Bonavista—Gander—Grand Falls—Windsor for his question. He has been very involved with us on this issue and he spent a lot of time studying Bill C-23 with us. When we were studying the bill in the Standing Committee on Procedure and House Affairs, he proposed a number of amendments that ultimately could not be debated.

He asked an excellent question. We knew that was a problem with Bill C-23. The Chief Electoral Officer told us many times that these were massive changes.

There are the changes from Bill C-23, the changes to electoral boundaries, the addition of 30 new members to Parliament and some very complicated voting restrictions for millions of Canadians living abroad. In addition to all of that, Elections Canada is not receiving any kind of additional assistance to implement all these measures.

Indeed, the fact that the government is introducing bills to amend the Canada Elections Act less than six months before an election causes major logistical problems. I think we will notice an extreme drop in voter turnout as a result of these rules.

This is a serious issue that we need to look at. I hope that this will come up in committee and that we will be able to discuss it in depth.