Bill C-33 (Historical)

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

This enactment amends the Canada Elections Act to
(a) remove limitations on public education and information activities conducted by the Chief Electoral Officer;
(b) establish a Register of Future Electors in which Canadian citizens 14 to 17 years of age may consent to be included;
(c) authorize the Minister of Citizenship and Immigration to provide the Chief Electoral Officer with information about permanent residents and foreign nationals for the purpose of updating the Register of Electors;
(d) remove the prohibition on the Chief Electoral Officer authorizing the notice of confirmation of registration (commonly known as a “voter information card”) as identification;
(e) replace, in the context of voter identification, the option of attestation for residence with an option of vouching for identity and residence;
(f) remove two limitations on voting by non-resident electors: the requirement that they have been residing outside Canada for less than five consecutive years, and the requirement that they intend to return to Canada to resume residence in the future; and
(g) relocate the Commissioner of Canada Elections to within the Office of the Chief Electoral Officer, and provide that the Commissioner is to be appointed by the Chief Electoral Officer, after consultation with the Director of Public Prosecutions, for a non-renewable term of 10 years.
In addition, the enactment contains transitional provisions and makes consequential amendments to other Acts.

[Coty Zachariah, National Chairperson, Canadian Federation of Students]

[Witness speaks in Mohawk]

I was just speaking Mohawk and said, “Hello, everyone.” My name is Coty Zachariah, or “He Speaks in the Wind”. I come from the Mohawks of the Bay of Quinte First Nation, located near Kingston. I'm also the national chairperson of the Canadian Federation of Students and represent around 650,000 students across the country at the post-secondary level.

In October 2014, we joined the Council of Canadians in a charter challenge to the voter suppression elements of the so-called Fair Elections Act. Our primary concerns about the act were with regard to prohibiting the authority of the Chief Electoral Officer, or CEO, to authorize the use of the voter information cards as valid ID for voting, and limiting the CEO's authority to carry out voter education and outreach.

Students face additional barriers to voting, notably that students move frequently, often up to twice a year. As a result, common identification cards do not indicate the address that students live at on election day, or their names are not on the voters list in the poll or riding that they live in while they attend school. Moreover, by limiting the CEO's authority to carry out voter education and outreach, students, who are often new voters, are likely to be more confused about the process.

Despite these barriers in the last election, the CFS undertook a massive, non-partisan elections campaign that worked to mobilize students to come out in record numbers to vote. In 2015, 70,000 student voters took part in the democratic process at on-campus polling stations. It led to an expansion of that initial pilot project within Elections Canada. For 18- to 24-year-olds, turnout was 57.1%, compared to 38.8% in 2011. This increase of 18.3 percentage points is the largest increase of voting engagement in any demographic in the country. However, this increase was in spite of the Fair Elections Act and students still faced issues.

To quote the Chief Electoral Officer's post-2015 election retrospective report:

As in the previous two elections, problems with voter identification at the polls were more often related to proof of address. The labour force survey after the 42nd general election asked non-voters why they did not vote. In terms of reasons related to the electoral process, the inability to prove identity or address was the main reason cited ... and was more often cited among those aged 18 to 24.... Based on estimations from the survey, that amounts to approximately 172,700 electors. Among them, some 49,600 (28.7%) said they went to the polling station, but did not vote because they were not able to prove their identity and address. Approximately 39% of that group were aged 18 to 34.

We at CSF find that unacceptable. Students, however, are encouraged to see that Bill C-76 would make substantial reform to the Canada Elections Act, including the amendments formerly set in Bill C-33, and we look forward to seeing it passed.

We are discouraged, however, that these reforms are coming so late. It seems likely that even if Bill C-76 proceeds expeditiously, it would not make it through the Senate and be proclaimed into force until 2019, making it unlikely that Elections Canada could fully implement the bill's reforms before the next general election in October of next year. It seems likely that it is our court case with the Council of Canadians that might result in the necessary reforms around voter suppression being implemented prior to this election, a regretful outcome of a delayed process around Bill C-33 that we would like noted.

We believe student and youth participation in the democratic process is something to be celebrated and not discouraged. We hope that Bill C-76 will promote this principle.

Thank you.

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

Wouldn't that have been great 18 months ago, in Bill C-33?

If you were a government and you said a Canadian is a Canadian is a Canadian, for example, and that they should be allowed to vote, and this was important to you, and you introduced the bill 18 months ago and then did nothing, what are you telling the expat community?

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

They're only obligated to do that because the government didn't move Bill C-33, which they introduced a year and a half ago. If that bill had been moved a year and a half ago would you still be in court and would we be spending taxpayer money arguing against what the government has said?

[Professor Henry Milner, Associate Fellow, Department of Political Science, Université de Montréal, As an Individual]

I was under the misapprehension that I was going to be one of five, but it turned out that the five are the entire morning session, rather than just this hour. That is okay with me, but it means that I haven't prepared an exhaustive critique or analysis of Bill C-76. I'm just going to talk about the things that are of particular interest to me and where I think I can make a contribution.

The first thing is you will see in my presentation that I've done this before. It's nice to come to such a situation and be basically positive, rather than be here to criticize and be negative, which is the more normal situation for people like me. Much of my efforts have been around electoral reform. That experience was slightly less positive, if I may say, than this one will turn out to be, I think.

I think that I was in front of the same committee—although I think it was across the street from Parliament—being critical of the Fair Elections Act for various problems with it that seemed to have been rectified in Bill C-33, which I was happy to see presented way back when. I had assumed that this issue was now going to be resolved, but it turns out it's only now that the process continues. It has been widened, as I don't have to tell you, with a number of other areas.

From my point of view, the crucial aspect is access to make it easier for people to inform themselves. That's my specialization, political knowledge. I've published a great deal about that, including the political knowledge of young people, by comparing different countries, including Canada, and physical access to the voting booth in terms of some of the restrictions that were brought into the Fair Elections Act that have been removed in Bill C-76.

In my own work, my particular concern has been on the political knowledge aspect, so I was very concerned with the Fair Elections Act's efforts to reduce the ability of Elections Canada to provide information, especially to young people, but not only to young people, so they would be more able to participate in an election at the right time. I think that those aspects of Bill C-33 have found their way into Bill C-76, in terms of the role of Elections Canada, in terms of allowing registration before the age, in fact, encouraging young people to register before the age of 18, as well as other aspects, which are not just for young people, but for people with handicaps and so on. I'm very happy to see that.

In terms of what I would like to see added, there's only one aspect that seems to me to be missing. Once one is really looking at the entire electoral process—and I know there was some discussion of it in the consultation process that took place—perhaps regulate the question of leaders debates during the election period. Set up a process that would be standardized, so that people could expect it. I know that's a complicated issue and I certainly don't want to delay the implementation process, but I do think it's missing from a law that tries to be quite comprehensive about the way we run election campaigns.

My other problem wasn't part of the Fair Elections Act, but with the way the last election was run. It was that it was so long. I don't have to remind you that it lasted more than 11 weeks, I think. That was tied to a change—a change which I had something to do with—namely, fixed election dates. I testified before that, especially in the Senate committee, that was responsible for that issue. I have talked about that in other places, including the House of Lords in London.

When fixed election dates were adopted—and the 2015 election took place under fixed election dates—this silly idea of now doubling the time for the campaign was combined with it, which of course made us look bad, those of us who favoured fixed election dates. People were saying now it's a free-for-all, that it lasts forever, and all kinds of money is being spent. I'm glad to see that we're going back to a seven-week campaign like in the Fair Elections Act. That's the one additional factor that I think is very important, and there are some other specific procedures around this that I'm in favour of. I don't have anything particular to say about them.

My real concern is that this happen. We have an election coming up in a year and a half and I'm concerned that the necessary aspects of this law won't be implemented early enough so that they can actually work appropriately. I'm torn between wanting to improve Bill C-76 in any possible way and wanting it to move quickly. Having it move quickly is, I think, in many ways more important, especially the information aspect and so on. We would like to see Elections Canada again able to implement its various information programs.

I have to tell you—and I don't know how many of you are aware of this—that there's a very absurd thing taking place next week in Toronto. I'm not sure how many of you are aware. Probably none of you are aware, but a citizens' group tied to the Canadian Federation of Students.... I think I have it here if you'll just give me a minute. The Council of Canadians, the Canadian Federation of Students, and some individuals hired a law firm to contest the Fair Elections Act. I was one of those who wrote affidavits for this contestation, which is only now coming before the Ontario Supreme Court. All of us—there are several of us, though not as many as you'll be hearing from—those of us who opposed the Fair Elections Act, are required now to be cross-examined by government lawyers to defend our criticism of the Fair Elections Act, which, of course, will no longer exist, hopefully, very soon.

I guess the business of Parliament moves slowly. I found it quite strange, but when I was speaking to the law firm that's running all of this, I asked them why they wouldn't just drop it. They said they weren't sure that the new legislation replacing the Fair Elections Act would be implemented in time, so they had to go ahead. This will all be taking place in Toronto next week.

Finally, I want to stress that I am anxious to see this move ahead, so that it will all be in place in time for the next election.

I have to say that one of the reasons I'm a little bit cynical about how this body moves on it with what seems to be happening or should be happening is my experience with the electoral reform. I was one of a great many political science and other experts in this area who came before this body. We were a very large majority of experts who testified in favour of electoral reform, and it seemed that our voices were going to be heard as part of the process, and then, as I don't need to tell you, we know how that came out.

I don't want to be too cynical but I do want to stress the importance of moving forward with this so that this bill will be in place in time to be implemented correctly for the next election.

Thank you very much.

[Andrea Furlong]

It would. We're mostly concerned about the timeline.

As you know, Bill C-33 stalled, and now we have Bill C-76. Our timeline is very intentional, because we want this to be provided for the next federal election, and for Elections Canada to be able to have the time. Our understanding is that they need at least six months, so we're going to continue with our court challenge until the bill has reached royal assent.

To answer your question, yes, it would.

Extension of Sitting Hours

[Daniel Blaikie, NDP, Elmwood—Transcona, MB]

Mr. Speaker, I am happy to rise to speak to the motion before the House. Of course, the essence of this motion has to do with the government's treatment of its own business and its capacity to move legislation through the House of Commons. It has certainly been the case in the past that various governments have decided to extend sittings to try to accomplish some of the business they were not able to accomplish throughout the year.

However, I think that my hon. colleague who just spoke and moved an amendment raises an excellent and fair point. His amendment is a good one in addressing one of the issues of equity in the House. We know that it is the job of the Speaker and the House to balance the needs of the minority against the majority. The amendment recognizes the fact that some people in this place have more power by virtue of the number of MPs within the governing party, and that others do not. I think that point is very well taken in the Conservative amendment. It really is just about making sure that in the government's attempt to create more time to pass more bills in the lead-up to summer that the business and the issues that matter to the opposition are given their equal due.

Of course, some members of this House will know, and certainly you, Mr. Speaker, will know, that supply days originated for the airing of grievances before the crown, before Parliament approves funding. That is why they are kind of archaically called “supply days”. We most often refer to them as “opposition days”, but they are an acknowledgement of the importance of non-government members being able to bring forward important issues for consideration by the House as part of the process of the government's hearing those concerns before Parliament grants it the authority to spend money. Supply days are not just some sort of trivial part of the process. They are not just some sort of tangent. They are certainly not a favour that the government grants the opposition and they are not something the government gets to do what it wants with willy-nilly, as it were.

The proposed amendment simply tries to give that equal weight and value to the issues being brought forward by the opposition, as well as to the government. I think that is perfectly reasonable and it is something we will be supporting.

In the absence of having that fair treatment and the right balancing between the needs of the government and the legitimate needs and purposes of opposition members of the House, it does make it really hard to support the main motion, because in that case we would fail to find that right balance, as it would somehow be implied that simply by virtue of the fact that the government is bringing certain issues forward, those issues are more important and more deserving of time in the House when I think the Standing Orders are very clear that the opposition is entitled to a certain proportion of the time in the House to bring forward the issues that matter, not just to it as the opposition but also to many Canadians whose view the opposition brings to this House and who are not represented within the government.

It is a good amendment. It is one that we will support, and I think in the absence of that amendment's going through, it would be very hard to say this is a fair and balanced motion. It is therefore hard to support.

One of the reasons we are in this predicament, of course, is that there is a lot of government legislation that has yet to be passed. One only has to look at the Order Paper and the number of bills on it, with a little bit of an understanding of where some of those bills come from, to know that the government, remarkably, has not been very ambitious with its legislative agenda. There are bills like Bill C-76, for instance, that have just rolled in other bills. While one could point to the bill number and look at all the bills that have been before Parliament, the fact is that a number of them are simply routine appropriation bills having to do with the business of supply. There are also a number of bills on public service labour issues to repeal some of the nefarious legislation of the Harper government with respect to public servants that, for all the announcements and talk about those bills for years now, have not actually gone anywhere.

One bill gets presented, it gets talked about for awhile, and then a new bill gets that does something a little differently gets presented, and that one gets rolled under, and then there is some talk by government at various events about how there is a new bill before the House and so on. For a government that has not brought a considerable amount of legislation before the House, it is somewhat surprising that the Liberals are having to resort to extraordinary measures to try to get more legislation passed before summer.

It is particularly surprising, notwithstanding some of the comments by the government House leader during the closure debate, because the fact is that our party on an important bill with a deadline, Bill C-76, which makes a large number of modifications to the elections regime in Canada, did make a proposal to government via my colleague, the hon. member for Skeena—Bulkley Valley, to move forward with that bill in an expeditious way. By that, I mean not just in a way that allows more members to speak to it, but one that would allow a whole bunch of Canadians in their home communities to speak to the bill and the changes it proposes.

My hon. colleague presented the Minister of Democratic Institutions with a proposal for how to go out across the country, and central to that proposal was ensuring that the bill gets passed by the end of the summer. For the government to say that it sure would be nice if the opposition worked with it, I note that we have been quite willing to work with the government to get legislation passed. When my hon. colleague sent that proposal to the minister, she did not even dignify it with a response. It is hard to hear from the government that it wants to work with opposition members when it does not even bother to respond to proposals by the opposition on how to work together to get a bill passed. It is a bill that has to be passed on a timeline because the government did not act and bring that legislation forward.

Apropos to my point about bills being rolled into each other, Bill C-33 was an act to make a bunch of substantive changes to the Elections Canada Act and other acts that go together in order to, according to the government, improve our elections process. That bill sat on the Order Paper for 18 months and went nowhere. Now we are being told there is a big rush and that we have to get this bill through.

The NDP would like to see that bill passed, but it is a little cheeky of the government to wait so long to bring a bill forward to make those important changes when it knew all along, as did everyone else, that Elections Canada had been very clear about when those changes needed to be introduced and passed by Parliament to be implemented in time for the next election. The Liberals did not meet that deadline and now they are crying foul, saying that opposition parties are being obstructionist despite the fact we sent them a proposal on how to do it more quickly. We wish to goodness that they had just bothered to move it forward 18 months ago when they had a bill on the Order Paper.

None of this is rocket science. There is no black magic here. There is no opposition making unreasonable demands. It is just an opposition disappointed that the Liberals had 18 months to move forward with changes to the elections act after they tabled their own proposals. We wish they had moved forward with them. However, we did not get that opportunity, as we do not say which bills get debated during government orders.

While that was going on and we were not debating Bill C-33, we were debating some bills like Bill C-24, which was a complete and utter waste of time. I will refer members to my comments on Bill C-24. All that bill did was affirm what the government was already doing and what was clearly within its legal mandate to do. If it were not, then the government should tell us, because then it would be an issue of its acting outside its legal mandate and illegally paying ministers of state more. However, it did not seem to be doing that, so presumably we did not need a change in the law.

All the while we debated that bill, the other bill, Bill C-33, was sitting on the table. It could have been taken up and we could have been working on that and meeting the Elections Canada deadline. The government did not need to be in a panic as it is now to get that legislation passed. We could have spent time scrutinizing that legislation and trying to make it better, not just here in Parliament but also by travelling across the country to make sure that Canadians had an opportunity to weigh in on it in their home communities.

However, that was an opportunity they squandered for reasons that remain unclear. I will say that part of it has to do generally with what has become a theme of the government in terms of a serious lack of respect for Parliament. I know the Liberals will say otherwise. We hear a lot about the great respect they have for the work that is done in committees, but let us consider the fact that many committee recommendations are never taken up. We have certainly had instances where committees have amended legislation, only to see the government come in with a heavy hand at report stage and wipe out the amendments that were passed by its own members at committee. That does not make one feel that the Liberals are talking in good faith when they talk about the so-called good work of committees.

Who could forget the Special Committee on Electoral Reform, where the government did not have a majority and a number of parties came together in order to propose a way forward for the government to meet its own election commitment? Who could forget how the Liberals took that work and threw it in the garbage? The day the report was tabled, I remember the minister, with great fanfare, disrespected the work of the committee, because apparently the government thought it would fail and it did not.

Earlier today, we heard the government's own House leader get up and insinuate that concurrence debates were just a waste of time and there was no way an opposition party could move concurrence in a committee report seriously because it actually cared about what the committee said and wanted the House to pronounce on the recommendations of the committee. Of course, that is the whole reason committees do reports and report them back to the House. The current government really does not understand Parliament's place in the system and does not have a lot of respect for it.

I will come back to this theme after private members' business.

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

I think Maryam Monsef was the minister at the time, and the idea that the government might be introducing electoral reform was still a live issue at the time. Indeed, at that time, we were being told repeatedly by the Prime Minister and the then minister, Maryam Monsef, that they were firm, that 2015 would be the last election conducted under first past the post. It almost seems like talking about an ancient species that existed at the same time as the dinosaurs and remains unchanged to this very day when we talk about Bill C-33. Yet it sat there, unchanged, unmoved. Some of its provisions are contained in this law and would not be part of this ginormous bill if they'd been passed then.

The creation of an artificial crisis is something that is very relevant. Now coming back to the other artificial crisis created by the weird way in which one candidate was put forward and another was not does not convince me very much.

I note that in Mr. Bittle's comments—and I suspect this is precisely the sort of thing that makes Scott Brison not like him very much—he didn't say, “So the minister can't make it for two hours. I therefore am going to amend it to one hour, because instead of having all this empty space, we think there's enough to fill one hour instead of two.”

With that in mind, Mr. Chair, I'm going to see if that would make the whole thing more palatable to the Liberals, and I therefore move to amend this motion by removing the words “no less than two hours”, and change them to “no less than one hour” and see what happens in terms of Liberal acceptance of the motion when it's worded that way.

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

I had actually not meant to get back on the speakers list, but do I need to comment on that.

We have no way of knowing and I don't think we will wind up knowing, but perhaps there are privacy considerations relating to private information appertaining to either the initial appointee to this position, Mr. Boda from Saskatchewan, or some other individual being referenced here. However, given the giant gas cloud of it all being a big secret, the fog bank of “Gosh, we can't tell you anything”, to say it's unhelpful is putting it mildly.

I think it's designed to prevent us from doing our jobs. It may be designed in a way that is actually not permissible, but how do we know, since it's all a big fog bank of secrecy? The bigger the fog bank of secrecy, the bigger the curtain behind which the guy with the levers is doing his job—that's a reference to The Wizard of Oz, by the way—and the more the munchkins will be fooled and impressed by his or her ostensible grandeur.

Just to be clear, that was actually in reference to me, not to anybody else.

I do think that's an issue. There are many things the minister could share with us that, in my experience, much as I like her, she has not been sharing with us. As we saw just yesterday, by way of example, she didn't say “no comment”, but she found other words with which to say “no comment” or that she wasn't going to answer a question. Her words were, “I'm here and prepared to answer questions about the substance of the bill”, not about the timing of the bill, not about the rush to get the bill through.

The fact is, the decision to rush the bill through is one made at the cabinet level, and there was only one person in the room who was a member of cabinet and had any say in it, who had an awareness of what was being done or would have a chance to take the views of the committee back to the cabinet, who was involved in the drafting and scheduling of the legislation, the timing that caused it to come out so late. Having to rush this bill through the House by June 12 would have been an easy matter had the bill been developed, say, a year earlier, or six months earlier, and had it been divided into several slices so that the package we'd get at this late date would be much smaller. Several other pieces of the legislation, containing other elements of the bill, had been dealt with at some earlier time, and lest anyone make the claim that this could not have been done, I note that Bill C-33 was introduced some months ago.

Second reading

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

Mr. Speaker, the problem that the government has in making the case for limiting debate via time allocation now is the massive amount of time that went by when Bill C-33 did not come to second reading. There was lots of time to get Bill C-33 through, no matter how many speakers one party or another were to put up.

Bill C-76, bringing in Bill C-33 and additional measures, requires more study.

I completely agree and am not going to take a single point away from the fact that most of what is in this legislation was already recommended by Elections Canada. I have not doubt that most of what is in it will improve the health of our democracy. However, it is fundamental legislation. It takes a while to get back to the Elections Act. We should have full time to debate it at second reading.

I will admit in a nonpartisan way that the use of time allocation in the 41st Parliament was much more egregious, because the legislation it applied to made it harder for people to vote. However, for the Liberals to try to reverse that legislation with time allocation because they say they are not as bad as the other guys because their legislation is better does not do away with the fundamental issue of respect for Parliament, respect for this place, and allowing Parliament to have full debate at second reading, full discussion in committees, and adequate time to go through debate at clause by clause, and adequate time at report stage and third reading.

The delay on the government side in bringing the legislation forward does not make a good excuse.

[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

[Alistair MacGregor, NDP, Cowichan—Malahat—Langford, BC]

Madam Speaker, have there been four days of debate? Is the minister kidding the House? I cannot believe what I just heard from the minister. Thursday, May 10 had the sitting hours of a Wednesday, and then we had a Friday May 11. Yesterday was the only full day. Today is a Wednesday, so we will be lucky if we get an hour this afternoon to debate the bill. I just cannot understand the gall of the Liberals. The Liberals before 2015 and the Liberals now are just completely different stories.

I am sick of the Liberals blaming the opposition for their delays, when they let Bill C-33 languish at first reading for 18 months. They dumped this bill in the House of Commons on April 30 and then expect us to wear the blame for their delays. Will the minister please explain to the House why she delayed this, when the Liberals control the procedure and House affairs committee and have a clear majority in the House. Here, at the 11th hour, she is dumping the blame on the opposition for her government's fault.

Elections Modernization Act

[Richard Cannings, NDP, South Okanagan—West Kootenay, BC]

Mr. Speaker, I am happy to rise this afternoon to speak to Bill C-76, an act to amend the Canada Elections Act. Since elections are at the heart of our democracy, this is clearly an important bill for debate in this House.

The bill is a belated response to the Liberals' election promise to reverse some of the egregiously anti-democratic aspects of the Conservative government's so-called Fair Elections Act of 2014. I say “belated” because the acting Chief Electoral Officer gave the government a deadline of the end of April for any election reform legislation if changes were to be made in time to be implemented before the October 2019 election. That deadline was for passing legislation, not for introducing it, so we have clearly missed the boat there.

Speaking of delays, it has taken the government two years to name an official Chief Electoral Officer. Since it is such an important position, one would think the government would make that a high priority.

This bill is another in a series of very large bills that the current government has tabled. At 230 pages, it is very much an omnibus bill. It absorbs Bill C-33, which was tabled 18 months ago and never acted on. Even the minister who tabled it seems to be unclear as to what is in it. It is ironic that the Liberals complained about the Fair Elections Act from the previous Conservative government and its propensity for omnibus legislation, when here they are doing the same thing.

Now I would like to touch on some of the provisions included in Bill C-76.

It limits the writ period of an election to 50 days, thus eliminating the chance for another marathon election campaign of more than 70 days, such as that which we were subjected to in 2015. That is great news. I would like to thank the member for Cowichan—Malahat—Langford for suggesting this to the government in the form of his private member's bill.

Canada is far behind other countries in gender equity, and it is past the time when we should be taking concrete steps to improve this situation. The bill allows candidates to report child care expenses, but it falls short of promises to allow more candidates from equity-seeking groups to take part in our elections. The member for Burnaby South put forward his private member’s bill, Bill C-237, which would have strongly encouraged parties to increase the proportion of female candidates in future elections. Unfortunately, the government voted that bill down and failed to include its provisions in this bill.

I have been to many schools to talk about government and the electoral process, as I am sure many members here have, and I have always been impressed by the keen interest of many young people in civics. The questions I get at school talks are often much more informed than those that I get at open town halls. Therefore, I am happy to see that two parts of this bill encourage young people to get informed and to get involved in the electoral process. First, Bill C-76 would allow the registration of future electors between the ages of 14 and 17. This simple act has been shown in other jurisdictions to increase the proportion of young people who vote after they turn 18. That would be a good thing, since young people do not generally vote at the same rate as older adults. Second, the bill removes the ban on public education programs conducted by the Chief Electoral Officer through Elections Canada. Why this ban was put in place in the so-called Fair Elections Act is beyond me. However, I welcome the opportunity for Elections Canada to inform and educate Canadians on our electoral process.

Bill C-76 also brings back the process of vouching to allow electors without proper ID to vote, as well as allowing the use of the voter ID card for the same purpose. These were disallowed under the Fair Elections Act in an effort to solve a non-existent problem of voter fraud—of which there are vanishingly few, if any, examples—by creating a much more serious problem that inhibited Canadians, particularly disadvantaged citizens, from voting at all. We should be encouraging all Canadians to vote, and this will be a step in the right direction at last.

Also included in the bill are provisions to allow more expatriate Canadians to vote, effectively doubling that number. I think this is a very welcome addition.

While the bill institutes some rules around third party activity during elections, it does allow spending of up to $1 million in the pre-writ period for third parties, which is hardly a restriction, considering that parties are allowed only $1.5 million. As well, there is no limit on how much individuals can donate to third parties involved in election campaigns. If we want to get big money out of our election campaigns, this is not the way to do it.

I want to talk a bit now about the big thing missing from this bill, the elephant in the room, or maybe it is the elephant that is not in the room. Of course I am talking about real electoral reform. The Liberals, the NDP, and the Green Party all campaigned on a promise that 2015 would be the last federal election run under the first-past-the-post system. Over 60% of Canadian voters supported this idea. For many Canadians, it was the most important promise made in that election campaign. Canadians were tired of elections that gave parties with less than 40% of the vote 100% of the power under majority governments. The Harper government was an example and the present Liberal government is another, so creating a new system was very popular.

Unfortunately, once the Liberals were in power, they forgot about that promise. They created a committee that travelled the country and worked very hard to hear from as many Canadians as possible. The committee heard from electoral experts from around the world on best practices from other countries. The committee tabled a report calling on the government to create a proportional representation system after consulting Canadians with a referendum. The Minister of Democratic Institutions asked all MPs to go back to their ridings and hold town halls to hear what their constituents had to say on the subject. We in the NDP caucus took that request seriously and did just that. We not only held town halls but also handed out questionnaires at the meetings to tally the preferences of the attendees. I sent similar questionnaires to every household in my riding.

We found that over 80% of respondents from across the country preferred a proportional representation system. Unfortunately, the Prime Minister did not like that answer. He did not like the committee's recommendations and announced that he was going to break his promise on electoral reform. The Minister of Democratic Institutions even insulted the committee by saying it did not do the hard work expected of it. The Liberals say they want to increase the participation of Canadians in the electoral process and that Bill C-76 is their answer to this, but the incredible cynicism of their lack of action on real electoral reform has already had a negative effect on how Canadians feel about their elected representatives and whether it is even worth voting in the next election.

I was talking on the phone with a constituent a while ago on a separate issue, and at the end of the conversation, she said how nice it was that the MP was calling her directly. She told of how she and her husband engaged their children in the election campaign of 2015. They listened as a family to the debates, they read the campaign platforms, and in the end the parents asked their children who they should vote for. She did not say who they decided to vote for, but she did say that electoral reform was the issue that the children felt was the most important to them. They wanted every vote to count and were devastated when the Prime Minister went back on his solemn election promise. She even worries that their children might never vote when they are old enough. That was exactly the opposite effect that she and her husband were hoping for when they got them involved in the discussion.

I will close by saying that I support many of the reforms contained in Bill C-76, but it falls short in so many other ways: in its size, in the short amount of time we have had to debate it, and above all in the complete lack of real reform. Let us get rid of big money in elections and get back on track to getting rid of first past the post so that every vote will count.

[Kelly McCauley, Conservative, Edmonton West, AB]

Mr. Speaker, I am pleased to rise to speak to Bill C-76, an act to amend the Canada Elections Act and other acts and to make certain consequential amendments, also known as “the bill to change the rules to favour the Liberals because they cannot fundraise competitively, and other consequential amendments”. However, that is just the working title.

I appreciate that the minister for electoral reform has come back to the House. The job done previous to her by the treasury board president has been a mess. Now the treasury board president has shown once again that he is not up to the job, whether it is watching Bill C-58 , the Access to Information Act, or his complicity in ignoring reports that Phoenix was not ready, or his attempt to pass off his $7 billion estimate slush fund as transparency.

The acting Chief Electoral Officer had made it 100% clear to the government and Parliament a year ago that he would need legislative changes completed by April 28 in order to have time to be ready for the fall 2019 election, not starting debate and not introducing the legislation by April 28, but completely finished by April 28, through the House and Senate. However, here we are. Instead of having legislation debated and passed through the Senate by now, the Liberals are now just starting.

Let us go back a bit. Following the 2015 election, Elections Canada provided a list of recommendations for changes. The procedures committee was looking at these recommendations for a report to bring back to the House. Then out of nowhere the government dropped in our lap Bill C-33 , an act to amend the Canada Elections Act. Before the report from the committee was completed, the Liberals introduced a bill with incomplete information.

The Liberals rushed in a flawed bill, ignoring the procedures committee, and promptly did absolutely nothing for an entire year. If we add in the inability to appoint a permanent chief elections officer, the cynical Bill C-50 to distract from their cash for access scandals, and the desire to create a debates commission, we have typical Liberal ineptness. Well done, mission accomplished.

How did we get here? We went through the sham consultations a year and a half ago on the electoral reform. It was the same consultation meant to change the voting process from first pass the post to a system that would of course favour the Liberals. This is from their website, and it is still up, “We are committed to ensuring that 2015 will be the last federal election conducted under the first-past-the-post voting system.”

Henry James, considered by many as one of the greatest novelists in the English language, has said, “To read between the lines was easier than to follow the text.” If we read between the lines of “We are committed to ensuring that 2015 will be the last federal election conducted under the first-past-the-post voting system”, we get if and only if the Liberals get the system they want, one that would guarantee Liberal re-election, then 2015 will be the last under the first-past-the-post system. Further reading between the lines we also see, “If we don't get the system that favours only the Liberals, then we'll abandon the plan”.

It is funny that when we go to the Liberal mandate tracker it shows electoral reform as not being pursued. It is not a broken promise, or thrown into trash or not being pursued. If we go down a bit further on the mandate tracker and look under “Balance the budget”, which is also in their mandate letter to balance the budget by 2019, it says “Underway - with challenges”. There are tens of billions of added debt. Maybe the budget will be balanced by 2045, but we do not know as the finance minister will not answer.

The Liberals are adding $43 billion in debt from when it was supposed to be balanced in 2019 in the mandate to the end of where the budget shows in 2022-23, with $75 billion of added debt over the period from being elected to 2022-23. This is what they call “Underway - with challenges”.

At the operations committee, we asked representatives of the Privy Council Office about this. Privy Council runs this mandate tracker website. We asked them why they would put out this information. It was very clearly a lie and misinformation. They said that the finance department told them to. I feel badly for the Privy Council having to sit at committee and defend such disingenuous information.

Let us go back to Bill C-76 and look at some of the measures in the bill to change the rules that favour the Liberals, because they cannot competitively fundraise, and other consequential amendments. It allows the Chief Electoral Officer to authorize the voter information card as a piece of ID. This is not a voter ID card, as some people are trying to pass it off as; it is a voter information card. People can head to the polls with that piece, which was mailed to them, and vote.

Here are some fun facts from the last election. Non-Canadian citizens were sent the card in the mail, even though they were not eligible to vote. Cards went out with the wrong names. People were directed to the wrong polling station, sometimes 100 kilometres away. There was a 1.5% error rate on the 26.5 billion cards that were sent out, which means 400,000 people got cards with wrong names, wrong addresses, and so on.

In the 2011 election, before that one, three-quarters of a million Canadians moved during the 36-day writ period.

Elections Canada says that the voters list that it draws the cards from is just a snapshot in time. We are going to base the entire integrity of our election on a snapshot in time? Elections Canada says that it cannot even check the voters list to ensure that those on the list receiving the cards are actually Canadians.

To summarize, hundreds of thousands of incorrect cards are going out and three-quarters of a million people are moving during a standard election period. Over a million people potentially could have the wrong card or have someone else's card. Elections Canada is stating that there is no way to check if the cards are going out to Canadian citizens. The integrity of democracy is based on what Elections Canada calls a “snapshot in time”.

This bill would allow Canadians living abroad to vote regardless of how long they have lived outside the country and whether they intend to return. Right now it is five years. It is being challenged before the Supreme Court. The Supreme Court has not even ruled on this yet and the Liberal government will bring in changes to allow anyone, regardless of how long they have been out of country, to vote.

Three million Canadians are living abroad, wonderful people, spreading the word of hockey in Canada around the world. However, should we allow those who have no intention of ever returning to Canada to help decide our policies in our country? The Ontario Court of Appeals, which ruled on the five year law, stated that it was democratically justified because it preserved the social contract between voters and lawmakers.

I know the Liberal government loves social licence, social licence for pipelines and for everything else, but I wish it would respect the social contract as has been decided by the Ontario courts.

There is no requirement that any of these expats have to vote in the last riding they lived in or even have visited one of the ridings. My brother, Bob, who left the country about 18 years ago, lives in New Jersey. He has never once stepped foot in my riding of Edmonton West. Should he be allowed to vote in my riding, even though he has never stepped foot in it and left Canada about 18 years ago? I have to wonder how many ridings across Canada in the last election were settled or won by less than 1,000 votes.

Concerted efforts by unfriendly foreign regimes could easily swing ridings by those with no skin in the game. Again, should people with perhaps no roots here and no family here and who perhaps pay no taxes and have not stepped foot in Canada for 10, 15, 20, or 30 years be deciding our foreign policy or what communities are getting funds for infrastructure? Should those who have zero intent of returning be deciding who sits in these chairs in the House?

I mentioned my brother. I love him dearly and still feel bad about knocking his teeth out playing hockey years ago, but I do not think he should be eligible to vote in Canada. He left many years ago.

I want to talk about the ID issue. We heard a lot of misinformation and saw hand-wringing throughout this debate about voter suppression under the Fair Elections Act. Let us look at the truth and the facts. Under the Fair Elections Act, we had an 11.5% increase in voter turnout in the 2015 election. It surged.

Here are some of the IDs that people could use: certificate of citizenship, citizenship card, Indian status card, band membership card, Métis card, old age security card, hospital card, CNIB card, credit card, debit card, and employee card. There is over 60 valid pieces of ID that can be used. People can even get a note from a soup kitchen or a homeless shelter to use as ID.

The bill would allow a maximum of third-party spending to soar through the roof, to allow Tides Foundation in the U.S.A., and Russian influence in Tides, to influence our election here. It is wrong. We have seen the issue of Facebook data misuse and Russian hacking. The bill would allow money from these groups to influence our vote.

We have seen the government try to change the rules when it falters. The Liberals changed the fundraising rules and they tried to change our rules in this place when they found the opposition to be too effective. They tried to change how Canadians voted to rig the next election. Now the government is botching this bill.

Bill C-76 is an omnibus of a mess and should be dismissed.

[Alistair MacGregor, NDP, Cowichan—Malahat—Langford, BC]

Mr. Speaker, that is a valid question from my hon. colleague. That is one of the main concerns we have been raising. The government has been aware of these problems for so long. It let Bill C-33 languish for 18 months after first reading. It is no secret that Elections Canada has consistently told the House and the government that the changes need to be implemented by a certain time to be ready for 2019. That was April 2018, last month. I am not sure what the Chief Electoral Officer will be able to do, but let us hope that at least we can get some of these measures put in place in time.

[Alistair MacGregor, NDP, Cowichan—Malahat—Langford, BC]

Mr. Speaker, it gives me great pleasure to rise today on the debate on Bill C-76. I know we have had a lot of conversations in this House of Commons about the Liberals and their plans for debating this bill or the ideas behind the bill.

As this House knows, Bill C-33 was languishing at first reading for 18 months. We then finally had the government bring in Bill C-76 on April 30. That was precisely during the month when the acting Chief Electoral Officer had informed the government and all members of Parliament that he wanted to see the changes on behalf of Elections Canada put in place in April 2018 so that Elections Canada would have the opportunity to implement the changes in time for the 2019 election. Here we are. It is now well past the halfway mark in May, and we are debating the bill at second reading.

I am by no means making an argument that the House should not have its look at this legislation. My main criticism is that the government has been sitting on this file for so long and has really left it to the eleventh hour to bring in major reform of our electoral system. The Liberals have made arguments that this issue has been looked at by the procedure and House affairs committee and that these concepts have been debated. I acknowledge that this is the case, but debating issues and policies at the procedure and House affairs committee is very different from actually looking at a piece of legislation, especially one that is as large as this particular bill. To dump this bill into the House of Commons on April 30, to have its first-day debate on May 10, then May 11, and then today, and then to suddenly expect the House of Commons to do its due diligence, when the government was aware all along of the constraints it was facing, really does a grave injustice to the people of Canada and to the members of this House who are here representing the people of Canada.

The other thing that we in the NDP are fairly critical of is the fact that there were some missed opportunities in this piece of legislation. For example, we all know that this Prime Minister, both in the 2015 election campaign and in this House, repeated the promise that 2015 would be the last election held under first past the post. That is a missed opportunity.

We had a special committee on electoral reform. I had the honour of sitting on that committee when it was going through the Atlantic provinces, and I remember hearing from Atlantic Canadians, both experts in the field and normal, everyday Canadians, who took time out of their day to appear before our committee in Halifax, in St. John's, in Fredericton, and in Charlottetown, to give us their views on what electoral reform should be. I thought the report by that special committee, which was formed by this House upon the recommendation of my colleague from Skeena—Bulkley Valley, was quite comprehensive and reflected a majority of the views of Canadians.

The way we reached a consensus was that all the parties on the opposition benches tried to work out our differences. I know that my Conservative colleagues have had a few problems with some of our ideas on electoral reform, but we in the NDP, the Green Party, and the Bloc Québécois decided that to arrive at a compromise so that we could have a committee report backed by the majority of the members on that committee, we would agree to hold a referendum to give Canadians the ability to decide whether they wanted to go past first past the post into a new system that would perhaps be something closer to proportional representation. It is just a fact of life here in Parliament that the governing party usually gets in with 39% of the vote. The ironic thing is that 60% to 61% of Canadians actually vote for members of the opposition parties, yet our voices continually lose out when it comes to votes in this place.

On the subject of missed opportunities, my colleague from Vancouver Kingsway mentioned this. There was an opportunity to go back and extend the media blackout so that the citizens of British Columbia who had yet to cast their votes would not be unduly influenced by a broadcaster announcing the results before the polls closed. We talk about fairness in this place. Where is the fairness for British Columbia when people are lining up at 6:30 or are just about to leave the house to go vote, and CBC comes online and says that the election has already been won and that we are going to get a Liberal majority? That is not fair to the people of British Columbia.

I acknowledge that we cannot do anything about social media. We cannot do anything about people on Twitter, Facebook, or Instagram announcing the results, but we can at least make an effort so that our major broadcasters are not dumping this on the news and providing those kinds of updates. That was a missed opportunity.

I also think that in some ways, we could have provided an opportunity for a per-vote subsidy. In the NDP, we have always talked about this. The argument made is that we should not have public financing of our political system. Guess what, folks. When people make donations, especially generous donations, they are eligible for tax credits, which they can then apply, so we are actually giving people a reward from our public funds. Political parties are eligible for reimbursement of a certain percentage of their eligible election expenses. Our tax dollars are already being used, but they reward people with the means to make donations.

Before I continue, I want to notify the House that I will be splitting my time with the hon. member for Skeena—Bulkley Valley.

Continuing in that vein, a lot of my constituents struggle to pay the bills. Usually these families are living day to day and paycheque to paycheque, and they do not have the means to invest $100 in a political party. They certainly do not have the means to invest $1,500.

Through this system, political parties have to chase the money to stay competitive. I would like to see a system in which votes are put more on an equal plane and political parties are, in fact, rewarded for going after and getting the vote out rather than for going out and seeking the highest donor to fund their election expenses.

There are some good things. I will use the last bit of my speech to talk about the limit that would be placed on election length in this particular bill. I very much appreciate that the government has adopted my idea, because I introduced Bill C-279 in 2016, which sought to place a cap on the length of elections of a maximum of 46 days. I got this idea from the 2015 election, when we all had to go through the marathon 78-day campaign. I had a lot of constituents asking me why we needed an election that was 78 days and saying that they could easily make their decision in 36 days or 40 days. Obviously, the intent was to lengthen the election to such a point that money became an incredibly huge factor.

When we look at our neighbours to the south, the influence of money in politics is an insidious thing and can be a slippery slope. I am very glad the government has taken my private member's bill and sucked it up into Bill C-76 to make it part of this legislation. I am very glad to see that.

I am also glad to see that we will be registering future electors from age 14 to 17 and that we will allow child care expenses to be reimbursed. I would like to see more single parents have the opportunity to run as candidates. If we are truly going to be a representative House, we have to start reaching out to members of our society who do not often get that opportunity. We had an opportunity with the member for Burnaby South's bill, which would have rewarded political parties for trying to establish equity.

I see that my time is almost up. I will conclude by just acknowledging that the NDP will be giving its support in principle to this bill at second reading. We, of course, know that there will be a lot of hard work ahead in committee.