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

Bill C-76—Time Allocation MotionElections Modernization ActGovernment Orders

May 23rd, 2018 / 4:25 p.m.
See context

Liberal

Karina Gould Liberal Burlington, ON

Madam Speaker, I could not agree more. We need absolutely to get this bill to committee.

It is telling that in 2014 over 400 academics signed an open letter to the previous Conservative government begging it not to move forward with the Fair Elections Act.

We need to make these changes. It is imperative for democracy that we do that. It is imperative for Canadians who have the right to vote to make sure that we move forward with these changes. Let us get this to committee, ask those questions, have that debate, and then bring the bill back to this House so that we can make those changes and do what is right for Canadians.

Bill C-76—Time Allocation MotionElections Modernization ActGovernment Orders

May 23rd, 2018 / 4:25 p.m.
See context

Conservative

Erin O'Toole Conservative Durham, ON

Madam Speaker, there are times in the House that the hypocrisy of the Liberals is stifling. It is hard to believe.

The deputy House leader, the member for Winnipeg North, in debate about the Fair Elections Act when time allocation was called on February 6, called using time allocation an “assault on democracy”. He then suggested that the Conservatives were going to send it to hours at PROC. Does this not sound familiar? That member, the person now pushing the bill through the chamber, called bringing time allocation on elections legislation “disgraceful”. These are their words.

I feel for the minister having to stand up and justify the terrible double standard and hypocrisy of the Liberal government. I would also invite her to get to know Elections Canada reports, because the Neufeld report that formed the basis of the Fair Elections Act said that 42% of vouching incidents were false votes or irregularities—42%. In Elections Canada's own report on election participation by vulnerable groups that do not vote enough, vouching has nothing to do with it, so once again the Liberals are bringing in something that Elections Canada has said is unreliable.

In this day and age, it is reasonable to ask someone to show their identification to show that they are of voting age and that they live in the riding. Why the lack of common sense?

Bill C-76—Time Allocation MotionElections Modernization ActGovernment Orders

May 23rd, 2018 / 4:30 p.m.
See context

Liberal

Karina Gould Liberal Burlington, ON

Madam Speaker, leave it to the party opposite to view expanding the franchise and enabling more Canadians to vote as a bad thing.

On this side of the House, we firmly believe that a Canadian has a right to vote, has a constitutional right to vote, and we are going to do what we can to make sure that they can cast that ballot. We are not afraid of more Canadians voting.

Bill C-76—Time Allocation MotionElections Modernization ActGovernment Orders

May 23rd, 2018 / 4:30 p.m.
See context

NDP

The Assistant Deputy Speaker NDP Carol Hughes

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

Bill C-76—Time Allocation MotionElections Modernization ActGovernment Orders

May 23rd, 2018 / 4:30 p.m.
See context

Some hon. members

Agreed.

No.

Bill C-76—Time Allocation MotionElections Modernization ActGovernment Orders

May 23rd, 2018 / 4:30 p.m.
See context

NDP

The Assistant Deputy Speaker NDP Carol Hughes

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

Bill C-76—Time Allocation MotionElections Modernization ActGovernment Orders

May 23rd, 2018 / 4:30 p.m.
See context

Some hon. members

Yea.

Bill C-76—Time Allocation MotionElections Modernization ActGovernment Orders

May 23rd, 2018 / 4:30 p.m.
See context

NDP

The Assistant Deputy Speaker NDP Carol Hughes

All those opposed will please say nay.

Bill C-76—Time Allocation MotionElections Modernization ActGovernment Orders

May 23rd, 2018 / 4:30 p.m.
See context

Some hon. members

Nay.

Bill C-76—Time Allocation MotionElections Modernization ActGovernment Orders

May 23rd, 2018 / 4:30 p.m.
See context

NDP

The Assistant Deputy Speaker NDP Carol Hughes

In my opinion the yeas have it.

And five or more members having risen:

Call in the members.

(The House divided on the motion, which was agreed to on the following division:)

Vote #669

Elections Modernization ActGovernment Orders

May 23rd, 2018 / 5:10 p.m.
See context

Liberal

The Speaker Liberal Geoff Regan

I declare the motion carried.

The House resumed from May 22 consideration of the motion that Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments, be read the second time and referred to a committee, and of the amendment.

Second readingElections Modernization ActGovernment Orders

May 23rd, 2018 / 5:10 p.m.
See context

Liberal

The Speaker Liberal Geoff Regan

I wish to inform the House that because of proceedings on the time allocation motion, government orders will be extended by 30 minutes.

Second readingElections Modernization ActGovernment Orders

May 23rd, 2018 / 5:10 p.m.
See context

Québec debout

Luc Thériault Québec debout Montcalm, QC

Mr. Speaker, I rise this evening, in spite of the shameful time allocation motion, to speak to the elections modernization act at second reading. I think that the “elections modernization” part of the title is a bit much, since one of the main changes is to restore the voter card as a valid piece of ID. I will get back to this point.

I want to start by saying that it is shameful that the government has resorted to a gag order on this matter. In a former life, I sat in another Parliament, the Quebec National Assembly, which unfortunately uses the British system. Never would a government take advantage of its parliamentary majority to change election laws. In 1999, a change was made regarding voter ID. I want to inform my colleagues in the House that this does not enhance the integrity of the vote. The government will not make it easier to vote by simply considering the voter card as a valid form of ID. My colleagues can Google what happened in Quebec in 1998. An organized identity-fraud system was uncovered as part of the Berardinucci case. The court issued two rulings, and since then, voters in Quebec have been required to produce a piece of photo ID to vote.

During the last election, Quebec had no problems with voter identification. Voters in municipal, provincial, and federal elections have no problem showing ID. However, voting is a sacred act in a democracy, and we should not make it too easy. I am hearing talk about the Canadian Charter of Rights and Freedoms, but voting is not a freedom. Voting comes with a duty, the duty to prove eligibility to vote.

The minister wants us to hurry up. She says this bill will go to committee, where it will be improved. That is not at all the experience I have had with clause-by-clause studies of bills in committee after second reading. What we actually hear is, “Talk all you want, sweetheart, but when your speaking time is up, we will use our parliamentary majority to do whatever we want.” The government votes down amendments and does not improve bills.

In my opinion, on an issue as important as voting rights and election laws, this government should not procrastinate and wait until the last second to try to change a few things in hopes of not looking stupid. When they first came into office, we were facing a major reform to the Canada Elections Act. We even hoped to change the voting system. Anything was possible. What we heard from Canadians can never be taken away from us. That special committee's report went into the trash. It was called a special committee because it was open to all parliamentarians, even those who did not belong to a recognized parliamentary group in the House.

In the debate on changes to the Elections Act, the next logical step would have been to give independent MPs the right to speak and even to vote in that committee. Now the minister wants us to hurry up. I would encourage her colleagues to slow down instead.

People told us that they were fed up with the party line, that the party line was one of the reasons they were so cynical. Government is all about executive power. It is all about cabinet. MPs who want to be ministers are more interested in doing the executive's bidding than honouring their mandate as parliamentarians here in the House. We are legislators, not ministers. We belong to the legislative branch and we represent the people. In a Parliament like ours, legislative power is the foundation of democracy. When my colleagues on the government side exist solely to rubber-stamp whatever the Prime Minister and the ministers tell them to, they are not doing their job. That is why voters do not bother to vote.

It is utter nonsense to say that people will not vote because it is too difficult or because the identification requirement prevents them from voting. During the hearings on electoral reform we held for months, people told us what keeps them from voting. For example, they say that their riding has been red since their great-grandfather's time and that this will not change, or that the riding has been blue since their great-grandmother's time, and this will not change. They are being stripped of their power of representation, and this is why democracy is suffering.

They told us that they want their vote to count. The current government not only proved unable to keep its promise to bring in a new voting system that represents the plurality of representation and ensures that every vote counts, but also went to great lengths to prevent all votes from actually counting, as they would if voters could finance the political parties they believe in through the votes they cast. Voters would then vote in accordance with their beliefs instead of voting strategically.

I have certainly spent a lot of time in my political life criticizing Jean Chrétien, but at least his legacy in politics and in this House was to give voters the ability to vote with conviction because he allowed their vote to finance a political party. That party might not get an MP elected, but that system gave the party the same chance right out of the gate to have its voice heard on an equal footing, in a democratic society, in the democratic debate that is an election. This also enabled the party to have the necessary funding between elections to promote its views.

To me that is democracy in a nutshell, but it is nowhere to be found in a bill that claims to limit spending. It does not even limit the government's pre-election spending. We have fixed-date elections and the government continues to make announcements, to use taxpayers' money to pay for its ads.

Under these circumstances, it is clear that we will be voting against the bill.