Bill C-76 (Historical)

Elections Modernization Act

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

This enactment amends the Canada Elections Act to establish spending limits for third parties and political parties during a defined period before the election period of a general election held on a day fixed under that Act. It also establishes measures to increase transparency regarding the participation of third parties in the electoral process. Among other things that it does in this regard, the enactment
(a) adds reporting requirements for third parties engaging in partisan activities, partisan advertising, and election surveys to the reporting requirements for third parties engaging in election advertising;
(b) creates an obligation for third parties to open a separate bank account for expenses related to the matters referred to in paragraph (a); and
(c) creates an obligation for political parties and third parties to identify themselves in partisan advertising during the defined period before the election period.
The enactment also amends the Act to implement measures to reduce barriers to participation and increase accessibility. Among other things that it does in this regard, the enactment
(a) establishes a Register of Future Electors in which Canadian citizens 14 to 17 years of age may consent to be included;
(b) broadens the application of accommodation measures to all persons with a disability, irrespective of its nature;
(c) creates a financial incentive for registered parties and candidates to take steps to accommodate persons with a disability during an election period;
(d) amends some of the rules regarding the treatment of candidates’ expenses, including the rules related to childcare expenses, expenses related to the care of a person with a disability and litigation expenses;
(e) amends the rules regarding the treatment of nomination contestants’ and leadership contestants’ litigation expenses and personal expenses;
(f) allows Canadian Forces electors access to several methods of voting, while also adopting measures to ensure the integrity of the vote;
(g) removes limitations on public education and information activities conducted by the Chief Electoral Officer;
(h) removes 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
(i) extends voting hours on advance polling days.
The enactment also amends the Act to modernize voting services, facilitate enforcement and improve various aspects of the administration of elections and of political financing. Among other things that it does in this regard, the enactment
(a) removes the assignment of specific responsibilities set out in the Act to specific election officers by creating a generic category of election officer to whom all those responsibilities may be assigned;
(b) limits election periods to a maximum of 50 days;
(c) removes administrative barriers in order to facilitate the hiring of election officers;
(d) authorizes 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;
(e) removes the prohibition on the Chief Electoral Officer authorizing the notice of confirmation of registration (commonly known as a “voter information card”) as identification;
(f) replaces, in the context of voter identification, the option of attestation for residence with an option of vouching for identity and residence;
(g) removes the requirement for electors’ signatures during advance polls, changes procedures for the closing of advance polls and allows for counting ballots from advance polls one hour before the regular polls close;
(h) replaces the right or obligation to take an oath with a right or obligation to make a solemn declaration, and streamlines the various declarations that electors may have the right or obligation to make under specific circumstances;
(i) relocates the Commissioner of Canada Elections to within the Office of the Chief Electoral Officer, and provides 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;
(j) provides the Commissioner of Canada Elections with the authority to impose administrative monetary penalties for contraventions of provisions of Parts 16, 17 and 18 of the Act and certain other provisions of the Act;
(k) provides the Commissioner of Canada Elections with the authority to lay charges;
(l) provides the Commissioner of Canada Elections with the power to apply for a court order requiring testimony or a written return;
(m) clarifies offences relating to
(i) the publishing of false statements,
(ii) participation by non-Canadians in elections, including inducing electors to vote or refrain from voting, and
(iii) impersonation; and
(n) implements a number of measures to harmonize and streamline political financing monitoring and reporting.
The enactment also amends the Act to provide for certain requirements with regard to the protection of personal information for registered parties, eligible parties and political parties that are applying to become registered parties, including the obligation for the party to adopt a policy for the protection of personal information and to publish it on its Internet site.
The enactment also amends the Parliament of Canada Act to prevent the calling of a by-election when a vacancy in the House of Commons occurs within nine months before the day fixed for a general election under the Canada Elections Act.
It also amends the Public Service Employment Act to clarify that the maximum period of employment of casual workers in the Office of the Chief Electoral Officer — 165 working days in one calendar year — applies to those who are appointed by the Commissioner of Canada Elections.
Finally, the enactment contains transitional provisions, makes consequential amendments to other Acts and repeals the Special Voting Rules.

Elections Modernization Act

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Mr. Speaker, I want to wish my colleague well with her planned transition to provincial politics. She is a formidable debater in this place. I know she will be a formidable opponent to the provincial Liberals and to the Alberta NDP.

My colleague from Guelph has talked many times about the problems of robocalls in Guelph. I am sure he has discussed this with former MP, Frank Valeriote. I found the CBC story on this from 2012, which reads:

Liberal campaign in Guelph fined for robocall violations.

MP Frank Valeriote's team sent automated phone calls to voters without identifying the source.

I want to join my friend from Guelph in deploring the conduct of Frank Valeriote's campaign in that respect, and we really need to see, finally, some integrity from Liberal campaigns. If members are skeptical about this, it is a CBC story.

I want to ask my colleague for her perspective on the debate commissioner who was announcement today. There was no consultation from the government on this, and yet the Liberals appointed an eminent person, a former governor general. However, the point remains that a legitimate expectation was created around consultation on that, and yet there has been no consultation.

[Sheila Malcolmson, NDP, Nanaimo—Ladysmith, BC]

Mr. Speaker, that is quite a serious development that happened just yesterday. It is expected and understood that whoever will adjudicate the election process, or in this case the debate process, is not put in place with the support and consensus of all political parties, the party in power who appoints that person may well be seen, rightly or wrongly, to be making a partisan appointment. Of course, our hands are raised today to Johnston, a good man, but the repeated commitment made by the Minister of Democratic Institutions to the House committee overseeing and reviewing the process for the leaders' debate was that “I will take this committee's advice”. The committee's advice was to adhere to that tradition of having a consensus view.

The government taxed people three-quarters of a million dollars for a process to establish the new oversight person for the leaders' debate. It failed to talk with the parties. It failed to do the process and present a consensus view. To announce it out in the front hall, to the great surprise of everyone, is a disappointment.

[Robert-Falcon Ouellette, Liberal, Winnipeg Centre, MB]

Mr. Speaker,

[Member spoke in Cree]

[English]

I am very happy to have the chance to speak at last on Bill C-76, an act to amend the Canadian Elections Act.

I remember meeting time and time again citizens from my riding, from my city, and more generally from my province of Manitoba in 2015 who were absolutely sick of the Harper Conservatives. They were sick of a government that was trying to take away their democratic right to vote and putting in place an ideology of winner takes all. The Harper Conservatives did everything in their power to bend the electoral laws to their ideology and ignored the concerns of others. They used voter suppression, but people stood up in true Canadian fashion to fight for their rights.

I met young people in my riding from the University of Winnipeg who went out on the day of the election to vote en masse. Even though sometimes they did not have identification, they went out of their way to get the identification to ensure that they could vote. I met homeless people who raised enough money by begging on the streets to get enough money, the $20, to get voter identification from the province to be able to vote on that day. I met indigenous people who lined up around the street.

However, I still met people who were not able to vote and were turned away from the polls, because they were not allowed to exercise their democratic right. Other young people, other indigenous people, and some from the inner city of Winnipeg were told, unfortunately, that they did not have the proper ID and could not vote.

While some people were able to vote, others were turned away. This was voter suppression, because the Harper Conservatives were afraid of the public. They were afraid of others coming out to exercise their democratic right to vote. The Harper Conservatives spent a lot of time attacking the Chief Electoral Officer and non-ideological, non-partisan, non-political role of defending Canadians' rights to a proper democracy.

Lastly, when election time comes, it is up to Canadians to stand up for their rights and to use every chance to exercise their democratic right to vote. We all benefit from voting in our elections, and never again will a government take away our right to vote and to exercise our inalienable right to our democratic and human rights.

[The Deputy Speaker, Bruce Stanton]

It being 5:15 p.m., pursuant to an order made on Thursday, October 25, it is my duty to interrupt the proceedings and put forthwith every question necessary to dispose of the third reading stage of the bill now before the House.

The question is on the amendment. Is it the pleasure of the House to adopt the amendment?

[Some hon. members]

Agreed.

No.

[The Deputy Speaker, Bruce Stanton]

All those in favour of the amendment will please say yea.

[Some hon. members]

Yea.

[The Deputy Speaker, Bruce Stanton]

All those opposed will please say nay.

[Some hon. members]

Nay.

[The Deputy Speaker, Bruce Stanton]

In my opinion the nays have it.

And five or more members having risen:

Call in the members.

(The House divided on the amendment, which was negatived on the following division:)

Vote #921

[The Speaker, Geoff Regan]

I declare the amendment defeated.

The next question is on the main motion. Is it the pleasure of the House to adopt the motion?

[Some hon. members]

Agreed.

No.

[The Speaker, Geoff Regan]

All those in favour of the motion will please say yea.

[Some hon. members]

Yea.