Elections Modernization Act

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

This bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.

Sponsor

Karina Gould  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

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.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

Dec. 13, 2018 Passed Motion respecting Senate amendments to Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments
Dec. 13, 2018 Failed Motion respecting Senate amendments to Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments (amendment)
Dec. 13, 2018 Passed Time allocation for Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments
Oct. 30, 2018 Passed 3rd reading and adoption of Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments
Oct. 30, 2018 Failed Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments (recommittal to a committee)
Oct. 29, 2018 Passed Concurrence at report stage of Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments
Oct. 29, 2018 Failed Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments (report stage amendment)
Oct. 29, 2018 Failed Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments (report stage amendment)
Oct. 29, 2018 Failed Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments (report stage amendment)
Oct. 29, 2018 Failed Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments (report stage amendment)
Oct. 29, 2018 Passed Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments (report stage amendment)
Oct. 29, 2018 Failed Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments (report stage amendment)
Oct. 29, 2018 Failed Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments (report stage amendment)
Oct. 29, 2018 Failed Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments (report stage amendment)
Oct. 29, 2018 Failed Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments (report stage amendment)
Oct. 29, 2018 Failed Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments (report stage amendment)
Oct. 29, 2018 Failed Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments (report stage amendment)
Oct. 29, 2018 Failed Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments (report stage amendment)
Oct. 25, 2018 Passed Time allocation for Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments
May 23, 2018 Passed 2nd reading of Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments
May 23, 2018 Failed 2nd reading of Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments (reasoned amendment)
May 23, 2018 Passed Time allocation for Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments

Elections Modernization ActGovernment Orders

May 22nd, 2018 / 3:25 p.m.
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Liberal

The Speaker Liberal Geoff Regan

I wish to inform the House that because of the deferred recorded divisions, government orders will be extended by 16 minutes.

There are three minutes and 20 seconds remaining in questions and comments following the speech of the hon. Parliamentary Secretary to the Minister of Democratic Institutions.

Questions and comments, the hon. member for Banff—Airdrie.

Elections Modernization ActGovernment Orders

May 22nd, 2018 / 3:25 p.m.
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Conservative

Blake Richards Conservative Banff—Airdrie, AB

Mr. Speaker, the question I would like to ask the member is in relation to this new pre-writ period that is being established. In that period of time, the government is looking to put restrictions upon what political parties can spend, but I have noticed that what the government has not done is to place the same restrictions on itself in terms of government advertising, ministerial travel, and announcements. It claims it has done that, but those restrictions begin on July 23, almost a month after the restrictions on other political parties. Liberals are clearly giving themselves a bit of an advantage, and I wonder if the member would be open to closing that loophole that exists and gives their party some advantage.

Elections Modernization ActGovernment Orders

May 22nd, 2018 / 3:25 p.m.
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Halifax Nova Scotia

Liberal

Andy Fillmore LiberalParliamentary Secretary to the Minister of Democratic Institutions

Mr. Speaker, the pre-writ period changes we are envisioning, which run from June 30 until the writ is actually dropped, until the writ period proper, are intended to apply to political parties. These are changes to the Canada Elections Act and they do not impact government. That is where that matter stands.

Elections Modernization ActGovernment Orders

May 22nd, 2018 / 3:25 p.m.
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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, I have mentioned before that when I look at the legislation, all in all I see it as legislation that builds upon the strength of our Canada Elections Act, which is well recognized around the globe. In fact, Elections Canada, as an independent organization, is thought of by many countries around the world—as I am sure you are aware yourself, Mr. Speaker—as an independent body.

When we look at the incorporation of many of the recommendations in this legislation, would my colleague not agree that they would strengthen Canada's democracy?

Elections Modernization ActGovernment Orders

May 22nd, 2018 / 3:25 p.m.
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Liberal

Andy Fillmore Liberal Halifax, NS

Mr. Speaker, the answer is a very simple “yes”. A number of measures within this very weighty bill are focused on the Canada Elections Act to help make election financing more transparent, to increase the access of eligible Canadians to the ballot box, and to in general allow Elections Canada to educate Canadian people on where, when, and how to vote. This is a tremendous step forward, one that we might not have had to take if it were not for the Fair Elections Act of the previous government. I see in Bill C-76 that we are not only making up the lost ground but covering some excellent new ground as well.

Elections Modernization ActGovernment Orders

May 22nd, 2018 / 3:30 p.m.
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NDP

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.

Elections Modernization ActGovernment Orders

May 22nd, 2018 / 3:40 p.m.
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Liberal

Nathaniel Erskine-Smith Liberal Beaches—East York, ON

Mr. Speaker, I appreciate the comments from my friend. I certainly agree that we should have gone further in reforming political financing rules and restoring the per-vote subsidy. Another good idea would be to make voting day a statutory holiday, if we are really concerned about encouraging participation. That would be a small step we could take to encourage participation. I wonder what the member thinks about such an addition to the bill.

Elections Modernization ActGovernment Orders

May 22nd, 2018 / 3:40 p.m.
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NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Mr. Speaker, that is a fantastic idea. I believe the bill would move voting day to a Sunday. That would be a great step. Many Canadians have busy lives, and by just dumping an election on a Monday, we are constraining the amount of time. People have the legal right to go and vote, but often when trying to juggle busy school schedules, work schedules, and all the chores around the home, it can be incredibly difficult to try to make it to the polls by 7 p.m. I welcome the hon. member's suggestion to move it to a Sunday, a day when people have more ability to make it to the polls.

Perhaps that is something his Liberal colleagues can find a way to discuss and perhaps support at committee. They will have the deciding vote, so I look forward to him advocating with his caucus colleagues on that front.

Elections Modernization ActGovernment Orders

May 22nd, 2018 / 3:40 p.m.
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Conservative

Scott Reid Conservative Lanark—Frontenac—Kingston, ON

Mr. Speaker, I respect my colleague from the Liberal benches. I think he has intelligent and unconventional ideas, but I wonder if in this case, I could take the opportunity to disagree with him and to encourage my friend from the New Democrats to share my disagreement here.

Just this morning, the new Chief Electoral Officer, Stéphane Perreault—I assume he will win the support of the House—was testifying at the procedure and House affairs committee. He pointed out to us that in a number of countries, Canada being one following this pattern, more and more people are voting prior to election day at advance polls, or in some cases by mail. It appears to him, and I agree with this, that the best way to increase participation is to better facilitate that advance participation. He pointed, for example, to such things as allowing Elections Canada to send packages to voters electronically and allowing them to then vote by mail in response. I wonder if that would not be the best thing to focus on, if our goal is to ensure that we are trying to raise the level of participation by Canadian voters.

Elections Modernization ActGovernment Orders

May 22nd, 2018 / 3:40 p.m.
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NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Mr. Speaker, all the work of the procedure and House affairs committee should always be looked at by all members of the House. I have sat on that committee on a few rare occasions when I have had to substitute, and I know the subject matter it deals with is always of great importance not only to the House but in some cases to Canadians at large.

I think many of my colleagues, in all parties, would agree with me that encouraging people to get their voting complete in the advance polls is a great way to remove the stress of waiting until E-day to actually find a way to juggle it. I welcome these kinds of proposals, such as a combination of moving the voting day to Sunday, when people do not necessarily have to be concerned about work or other obligations, and including ways to make advance voting easier. I am sure the committee will be looking at that and trying to include it in the final version of the bill so that when it is reported back to the House, we have some great things to work with.

Elections Modernization ActGovernment Orders

May 22nd, 2018 / 3:40 p.m.
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NDP

Robert Aubin NDP Trois-Rivières, QC

Mr. Speaker, I thank my colleague for his speech. I agree with much of what he said, especially that it is important to shorten the length of the election campaign. We could talk about financing and also how to increase the number of women in politics.

In view of this consolation prize and the Liberals' retreat from their promise to completely overhaul the electoral system, I have a question that I would really like to ask my colleague. What part of this bill does he think the next Chief Electoral Officer of Canada will be able to implement for the 2019 election?

Elections Modernization ActGovernment Orders

May 22nd, 2018 / 3:45 p.m.
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NDP

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.

Elections Modernization ActGovernment Orders

May 22nd, 2018 / 3:45 p.m.
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NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Mr. Speaker, I would like to thank my friend from Cowichan—Malahat—Langford for stepping in at the very last minute with a very articulate and thoughtful 10-minute speech, as there was some confusion in the House as to who was next. He is a rookie no more, if he is able to come forward like he did on such a complicated bill as the one we have before us, Bill C-76. It is 350 pages long. It deals with a whole suite of issues with regard to our elections here in Canada.

The process by which the Liberal government got us here has been as much of a challenge and raised more questions than provided answers to Canadians, in terms of who is actually running things over there. When I say “things”, I mean important things like how we have our elections here in Canada.

Let me start by saying that the Liberals promised at the time of the last campaign two and a half years ago to undo some of the changes forced through Parliament by the previous Conservative government in what it called the Fair Elections Act. Many Canadians came to know it as the unfair elections act, simply because in many aspects it sought to do what is often called in political circles “voter suppression”. It did so by changing the standards by which Canadians are able to vote, changing the ID requirements that seemed, both on the surface and in substance, to target certain groups of Canadians—those of lower income, first nations, and young people—in terms of voting ID requirements, in banning the Chief Electoral Officer from doing things like educating Canadians about how it is important to vote, and with a number of other issues that came out as we went to the polls in 2015.

For example, the previous government realized that it had a bit more money than the other parties. One little loophole in our elections act was to have an incredibly long election period. By doing that they essentially doubled the amount of money that parties could spend in that election.

I never really heard a good rationale as to why we needed a 78-day election, as if Canadians could not sit and listen to the views of various candidates in their local ridings, listen to the national leaders, hear a couple of debates, and then make up their minds. Even in a riding like mine, which is 330,000 square kilometres, we have never found it all that much of a struggle in 35 to 40 days to be able to get out and meet people.

The government did that. The previous Conservative government did that because they could spend more money. They had more money so they spent more money. It did not work out in the end, but it was an attempt that is now being fixed by Bill C-76.

How we got here is a serious concern. The promises made then by the newly minted Liberal government were to undo much of what had been done with regard to vouching, education, and all of these other issues by the previous government, and it introduced a bill to that end. The government said, “Here is our bill. It's going to get rid of the stuff that Stephen Harper did” . Then it sat on it for 28 months.

We were writing to the government. We were calling the government and the democratic institutions minister out, both the previous one and the current one, asking where the bill was. Tick tock. We had heard from Elections Canada, which runs our elections, that it needed any legislation and major changes to be passed as of April this year, not introduced but passed through the House of Commons, through the Senate, and to receive royal recommendation, so that it could implement the changes. Any delay would risk the changes coming to fruition in time for the next election.

It made sense. Elections Canada needs that time to train its workers, to educate Canadians, especially if there is anything big coming. Well, Bill C-76 is big. It is 350 pages long. The Liberals themselves call it a “generational change”. If it is a generational change with regard to our elections, one would think there would be some urgency to introduce it in time so that the Chief Electoral Officer and all the people who work during our elections would have time to implement it. However, the due date for the homework came and went.

The day after the Liberals introduced this omnibus bill, this generational change, they still had not hired a Chief Electoral Officer, by the way, a role that hung vacant for 18 months. Apparently they finished interviews last October. This morning I met the nominee for the first time and we asked him about the process. Yes, he had interviewed back in October and he got a call in February. It was a nice little chat. The first time he heard about an actual nominee was the first time we as parliamentarians had heard about a new Chief Electoral Officer from the pages of the Toronto Star.

The Liberal government wanted to leak its nominee, so it did, and then two weeks later, that nominee was gone. Then there was a new letter from the Prime Minister announcing a new nominee, and we asked, quite rightly, what happened to the other guy? Did he do something wrong? Was he no longer qualified? He seemed qualified. There was no explanation from the Prime Minister or the minister.

Many people describe our democracy and elections like an ecosystem: all the rules are in place and there is a person bringing the rules forward and enforcing them. We kind of want it to be like a great hockey game. At the end of a great hockey game, we do not really picture the referees, do we? They did not really factor into it too much. They called penalties fairly for both sides and administered the game. That is what we want the Chief Electoral Officer to be like. We want him to have a clear and fair set of rules for everyone to play by, calling out the bad actors when they do something wrong, but we do not really want them front and centre. We do not want the rules to be the question; we want the competitors, those seeking the vote and the hope of Canadians, to be the story. That gets very difficult if major rule changes are introduced at the last minute. If we are hiring the referee at the last minute, we make the whole job of running an election in Canada, which is difficult already, even harder.

With a Liberal government that had blatantly betrayed a promise that was repeated 1,800 times to Canadians that 2015 would be the last election under first past the post, a government that has already lost the favour and trust of many Canadians when it comes to democratic voting issues, one would have thought there would be a whole bunch of urgency and importance placed on something like this to try to regain some of that trust, the basic trust in the competence of the government to bring in rules, the basic trust in the government's willingness to work with the other parties. We have had a long tradition in Canada, regardless of which government is in power, that whenever we make major changes to the rules that govern our democracy, there would be not just an attempt but also a standard to achieve consensus among the major political actors, so that Canadians could understand that there was no bias in the rules and that the rules were not put in place to favour one party over another. The way to do that is to consult meaningfully, to seek and achieve the agreement of each of the parties.

Unfortunately, that tradition, which is not required in law but is something we should consider, was broken by the previous Conservative government. It wanted to bring in changes that the other parties and Canadians broadly did not like or agree with, and rather than negotiate and work with us in the full light of day, the then Harper government forced the debate through Parliament. It shut down debate time and time again, and the Liberals screamed as loud as anybody else about how unfair that was. We have a raft of quotes from Liberals in this House from that time.

The Liberals in fact introduced an opposition day motion condemning the Conservative government for doing it, and voted for that, saying, “How dare they shut down debate in Canada's Parliament around our election laws.” What did we see last week? The Liberals introduced a motion to shut down debate about changes to our election laws, as if they had not read their own speeches, as if they had not participated in the election that got them here, in which they said they would be different and would not do the terrible, nasty tricks that Stephen Harper did, and we believed them. We believed them because it had been so blatant and they had a mandate to be better, to be different from the previous government.

I should say before my time runs out that there are, of course, a number of things in this bill that New Democrats like: the reinstitution of vouching; creating the future electors list; helping folks with disabilities; helping veterans vote freely and fairly; making education part of the mandate of the Chief Electoral Officer, and not just how, where, and when to vote, but why to vote, especially encouraging young people. The Liberals make it so hard sometimes. They make it so hard to agree with them sometimes. Sometimes they do the right thing, but they do it so late, so poorly, and they do not talk to anybody. There is this strange sense of entitlement of their, one that I think they have to clean out their system. I do not know if it is possible for them to do that, because it has been baked in there, for some of them, for generations.

They have to understand that for the health of our democracy, for the health of that ecosystem, to grow and be nourished, we need to listen to all sides. We need to have respect for all sides, whether we agree with them or not. We need to come up with election laws that Canadians can trust to be non-partisan and to be fair for all actors involved, so that when Canadians cast their votes, they know that the rules are fair, the referee is fair, and that they can freely and fairly decide who will speak on their behalf.

Elections Modernization ActGovernment Orders

May 22nd, 2018 / 3:55 p.m.
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Halifax Nova Scotia

Liberal

Andy Fillmore LiberalParliamentary Secretary to the Minister of Democratic Institutions

Mr. Speaker, the NDP very admirably voted against the changes made in the previous government's Fair Elections Act. We would reverse those changes, and the NDP supports this. In fact, when discussing the reversal of the Fair Elections Act changes in The Hill Times, the member for Skeena—Bulkley Valley said that “These are all important things”.

During the committee's study of the Chief Electoral Officer's report following the last federal election, the NDP voted in support of many of his recommendations. Bill C-76 would implement about 85% of the recommendations of the CEO, which make up about 80% of Bill C-76.

Today in the procedure and House affairs committee, the chief electoral officer said that his department was ready to implement this proposed act if we could pass it before the summer recess. Is the member and his party, consistent with their past actions, ready to commit to helping us get this done so that Elections Canada can start implementing these important changes this summer?

Elections Modernization ActGovernment Orders

May 22nd, 2018 / 3:55 p.m.
See context

NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Mr. Speaker, my friend from Halifax has to be careful about the testimony he heard this morning. I may have misheard him, although I do not think I did, but the CEO did not place the summer time limit on implementation. He was asked very specifically about things like vouching and some of the changes in here and if his department was getting to work on them. His answer was yes, because Elections Canada saw the introduction of some of Bill C-76 18 months ago and strangely thought that the government was going to introduce the bill any time, as we did too.

Therefore, I wish my friend had shared his newfound sense of urgency with the rest of government, because for 18 months the NDP was knocking on the door asking, “Where's the bill?” Yet for 18 months we heard nothing from the Liberal cabinet or the Prime Minister's Office, which is strange because they were pushing an open door on this one, saying, “Let us get this stuff done.” Then at the last minute, actually after the last minute, after the deadline from Elections Canada, the Liberals come in with an omnibus bill and say it is panic time.

However, there are a lot of things in the bill that we do not understand. There are things in the bill that the minister who introduced it did not understand. When asked about specific components of the bill, he said that, no, they were was not in there but could be introduced with an amendment. Then, three days later, he had to correct himself and say that these things actually were in the law but had not known that they were. Therefore, if there is confusion on the part of the minister who introduced the bill, my friend can understand why we want to look through it carefully, because these are laws that will govern us for maybe a generation. It is unfortunate that the panic on the Liberals' part is now putting a panic on Parliament.

Our job is to get this right. Our job is to make sure that we can introduce it in time, but we are not going to get things wrong, because this matters. This matters to us deeply as New Democrats.