Elections Modernization Act

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

This bill is from 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 has also written a full legislative summary of the bill.

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.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-76s:

C-76 (2024) Law An Act to amend the Canada National Parks Act
C-76 (2005) An Act to amend the Citizenship Act (adoption)

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 / 5:30 p.m.

Conservative

Pat Kelly Conservative Calgary Rocky Ridge, AB

Mr. Speaker, today I rise to speak to Bill C-76, a bill that would, among other things, make changes to the way political parties, election candidates, and third parties could spend money both before and during elections.

Spending limits on candidates and parties for elections is not new. These have been around for decades. Contribution limits are a little more recent. Many Canadians remember the days when political fundraising was wide open. There was a time when political parties could hold a dinner in Toronto and banks, law firms, and lobbyists could buy tables at $10,000 a pop, paying for them with company money, and perhaps even deducting the cost as a business expense, which it was, rather than as a political contribution.

Eventually, successive governments changed the rules to diffuse political financial support away from Bay Street and toward individual Canadians, more typically motivated by personal conviction, as it should be, rather than by self-interest.

It was the Chrétien government that brought in the first contribution limits. With the Federal Accountability Act of 2006, Prime Minister Stephen Harper reduced the limit to $1,500 per person and banned contributions from corporations, unions, and charities. Later, he also got rid of the per-vote subsidy, recognizing that paying political parties for each vote rigs the system in favour of perpetuating the winner.

Another thing Prime Minister Harper did was tell his cabinet that he would not tolerate fundraising by his ministers from stakeholder groups that had dealings with their own departments. In other words, he would not tolerate cash for access fundraising.

The reason I bring up this brief history of political party fundraising is that the most important aspect of Bill C-76 is the way it would deal with election and pre-election spending.

The environment this bill is tabled in cannot be separated from the spending and fundraising environment the present governing party finds itself in. Make no mistake, the Liberals have struggled to raise money in the post-corporate-donation and post-per-vote-subsidy era, while at the same time, they have greatly benefited from spending by third parties. Some third parties are virtually Liberal proxies, and others are foreign entities with an agenda hostile to Canada's best interests.

When elected, the first thing these Liberals did was start holding these secret cash for access fundraisers, and we are not talking about a one-off. We are talking about a fundraising system wherein a significant part of Liberal fundraising relied on these kinds of events.

When the media and opposition parties criticized this practice over a period of months, the government House leader said, at least some 200 times in this House, that Canada's fundraising laws are among the strictest anywhere in the world. I agree with her. We have already mentioned this. I agree with her that the fundraising rules are strict. The problem is that the Liberals have tried to get around the rules, to get around the spirit, and in some cases the actual letter, of the existing elections law and fundraising practices.

Here are today debating Bill C-76, knowing that Canada, as she has said, already has very strict fundraising rules that make it very difficult to raise money any way other than through small donations from individual Canadians motivated by support for a party's ideas or its candidates.

What can a party in government do when it cannot raise enough money on the strength of its ideas and when it is carrying around the weight of its own dubious track record? When it is struggling to raise money, it can do two things: limit expenditures by political parties; or make it easier for third-party proxies, who are not subject to the same rules as a political party, and have these third parties do its job for it.

This bill would enable both of these things to happen. On the expenditures side, this bill would create a pre-writ expense restriction, which would help the Liberals, who are struggling to raise money. At the same time, this bill would allow registered third parties a similar cap during the pre-writ period, but then it would nearly double the amount these third parties could spend during the writ period itself, while doing nothing, absolutely zero, to address the broader issue of how foreign funding of registered third parties distorts our democracy.

This is the most important part of the bill. At an absolute minimum, the changes to the spending rules contained in Bill C-76 are a cynical attempt to compensate for the Liberals' inability to raise money on their own. At worst, this bill represents a wilful refusal to deal with attempts by foreigners to influence Canadian elections. The bill contains token lip service to the problem by creating a pre-writ election period in the summer before a scheduled fall election and by banning foreign contributions by third parties during that time. This bill would create an expense limit during that time, which, by the way, for third parties, would be nearly the same limit a political party would have. The government will, no doubt, claim that it has now addressed the problem by doing so, but nothing could be further from the truth. This bill would nearly double the amount third parties could spend during the writ itself, and again, would do absolutely nothing to address the much more serious problem of the way foreign organizations are undermining Canadian democracy.

How serious is the issue of foreign-funded third parties in our elections? How do we know that foreign interests are exerting influence in Canada's elections? The answer is simple. We know this because registered third parties that receive millions of dollars in foreign money openly bragged about their success in influencing the outcome of the last election. In the case of the Tides Foundation, which is the foreign paymaster of at least eight domestic third parties that campaigned in the last election, it openly states that its agenda is to shut down Canada's resource industry. Likewise, it claims credit for the substantial success that anti-energy agenda is currently enjoying under the current government.

Take the example of Leadnow. That is an organization funded by the anti-Canadian Tides Foundation. It boasts about the role it played in defeating the previous government. Its own published report following the 2015 election claimed, “We selected target ridings with field teams run by paid Leadnow organizers”. This post-election “Defeating Harper” report went on to detail how it systematically targeted ridings based on detailed, extensive, and expensive professional polling research and focused its attention on those critical ridings. It further took credit for the defeat of Conservative candidates in 26 out of 29 targeted seats and for having a 96% success rate for its endorsed candidates.

There is no mystery. It received foreign money and is bragging about how effective it was in using it to pay organizers to help defeat the previous government. This is not a conspiracy theory. It is not speculation. Foreign-funded third parties are out there bragging about how effective they are at influencing election outcomes.

If the Liberal government agrees that such interference is a problem, or if it is in any way uncomfortable with the prospect of foreign money compromising the integrity of Canadian elections, it should have used the opportunity before it to actually engage in meaningful reform of how third parties engage with the public during and between elections. The government could have, for example, made registered third parties subject to audit between elections. It could have banned foreign contributions altogether by making it an offence for a third party that participates in an election campaign to receive money between elections instead of simply during the summer pre-writ period.

The government could prevent third parties from colluding to defeat the intent of the law. It could reduce, instead of increase, the limit on third parties during the writ period.

However, the Liberals have chosen not to do any of these things, because these Liberals have proven over and over again how much they prefer a rigged game when it comes to elections. They are the same Liberals who wasted enormous energy on their absurd electoral reform program, which they actually used to suck in various activist groups like Leadnow, Fair Vote Canada, some union groups, and The Council of Canadians. They used that issue to gain support from these third parties and then did absolutely nothing to follow through on their promise. These are the same Liberals who relied on secret cash for access fundraising until they were caught, the same Liberals who tried to eliminate opposition tools through standing order changes, and the same Liberals who tried to give themselves a $7-billion slush fund through their so-called estimates reform. They are the same Liberals who are now trying to compensate for their failure to raise money through this bill.

Elections Modernization ActGovernment Orders

May 22nd, 2018 / 5:40 p.m.

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Madam Speaker, I think the debate we just heard really underscores why this legislation is so important. This discussion has turned into “My wallet is bigger than your wallet, so if you want something I'm going to fight against you to get that”, when really that is what we should be fighting against: getting the money out of politics.

To that end, I personally, speaking as an individual, tend to agree with some of what I have heard from the NDP today about the per-vote subsidy and taking money out of politics, because as long as we keep the money in politics like this we are going to continue to hear this rhetoric about “My wallet is so much bigger than your wallet, and therefore I'm going to be able to do this to you during the election.” It does not serve Canadians to do that.

Elections Modernization ActGovernment Orders

May 22nd, 2018 / 5:40 p.m.

Conservative

Pat Kelly Conservative Calgary Rocky Ridge, AB

Madam Speaker, the per-vote subsidy is a way to prop up a party in power. The more votes it gets, the more money it has, and so the more it is able to defeat the opposition. I reject the whole philosophy of the per-vote subsidy for that reason, and that in part is why the previous government got rid of it.

As for money in politics, there is a difference with small amounts. We know the fundraising rules are strict. We know that the spending limits are relatively low. These are tools through which money is taken, relatively speaking, out of politics. This bill makes the money in politics problem worse by allowing third parties, compensating for the fact that regular people motivated by ideas in Canada are not giving to this party.

Elections Modernization ActGovernment Orders

May 22nd, 2018 / 5:40 p.m.

Conservative

Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON

Madam Speaker, I listened very carefully to the member's speech on the Liberals' bill to rig the Canada Elections Act and I heard him talk about how foreign entities or foreign companies or governments try to influence our elections by sending money to a particular party or in favour of a particular party. I would like to know how foreign companies or countries stand to benefit from donating money to a particular party through these circuitous means, and also how this could affect the everyday average Canadian worker.

Elections Modernization ActGovernment Orders

May 22nd, 2018 / 5:40 p.m.

Conservative

Pat Kelly Conservative Calgary Rocky Ridge, AB

Madam Speaker, in my riding I have seen first-hand the effects of the damage that has happened to our resource sector through the unemployed energy workers, and we have to look at this. We have groups like the Tides Foundation that want to keep energy resources in the ground, an environmental movement that has an interest in shutting down our industries and seeing our workers thrown out of work. Foreign energy companies also benefit from our oil not getting to market and staying in the ground. It is potentially like an unholy alliance of environmentalists and industry that both want to shut down the Canadian oil industry, and by funding foreign third parties to help elect a government like this one, they got exactly what they had hoped for.

Elections Modernization ActGovernment Orders

May 22nd, 2018 / 5:45 p.m.

West Vancouver—Sunshine Coast—Sea to Sky Country B.C.

Liberal

Pam Goldsmith-Jones LiberalParliamentary Secretary to the Minister of International Trade

Madam Speaker, I would like to ask my hon. colleague how he could possibly defend the so-called Fair Elections Act, which did its best to disenfranchise disabled people, young people, and Canadians living abroad, and ask him about the strong and swift reaction we heard from Canadians from coast to coast to coast.

Elections Modernization ActGovernment Orders

May 22nd, 2018 / 5:45 p.m.

Conservative

Pat Kelly Conservative Calgary Rocky Ridge, AB

Madam Speaker, I hope the member listened to my speech and found that I really feel very strongly about the financial aspects of this bill, but I also have to reject the premise of her question that the bill from the previous government did any of the things she has described.

Elections Modernization ActGovernment Orders

May 22nd, 2018 / 5:45 p.m.

The Assistant Deputy Speaker Carol Hughes

It being 5:46 p.m., the House will now proceed to the consideration of private members' business as listed on today's Order Paper.