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.

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

October 30th, 2018 / 3:20 p.m.


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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I am very pleased to rise in debate at this point on Bill C-76. I want to take the occasion to start with a bit of a broad historical sweep, albeit going back just to 2014. It is important for Canadians to know what is being accomplished with this legislation and what remains to be done. It is not perfect. I want to stress that, but I will be voting for it. I am also gratified that at least some of my amendments were accepted in the committee that studied the bill.

I want to go back to 2014, when the current hon. member for Carleton was the minister of democratic institutions. He brought forward a bill in that Parliament, Bill C-23, that was given the unlikely title, given its content, of the Fair Elections Act. I was a member of the opposition at the time, as leader of the Green Party, but I struggled with other members of the opposition, the New Democrats and Liberals, to try to stop that piece of legislation because it clearly had less to do with fairness than with trying to create favourable conditions for the governing party, the Conservatives at that time, going into the 2015 election.

Therefore, it is with a great deal of irony that I have heard a number of times Conservative members say that the Liberals are just trying to change the terms to make them better for their party.

We cannot forget the circumstances in 2014 when the member for Carleton introduced his bill. I hope that this will now be fixed by the changes to Bill C-76.

Going back to what the so-called Fair Elections Act did, it was consumed, as some members of this place still are, with a fiction—and I want to underscore the word “fiction”.

It is completely untrue. I want to stress that Canada does not have a problem with election fraud.

We do not have a problem of people disguising themselves, taking voter cards or any number of things that have been hinted at in the chamber in the last debate on Bill C-76. We do not have a problem of Canadians voting more than once under assumed identities. We have a problem of Canadians voting less than once. That is a serious problem, and that is why we needed the things that the so-called Fair Elections Act got rid of. These were things like being able to vouch for someone and being able to provide one's voter card as a piece of ID when going to the polls.

None of this would have been necessary if it were not for changes that the former Harper Conservatives made back at the very beginning of their first mandate. For the first time, they made it a requirement that Canadians produce a piece of government issued photo ID in order to vote. That, again, hinted darkly at the idea that people were voting more than once because we did not have enough checks on this problem. It was a non-existent problem then and does not exist now. It never existed. That is the evidence of several chief electoral officers, including Marc Mayrand and Jean-Pierre Kingsley, who both testified to the PROC committee that it was a non-problem.

Bill C-23 did a few other things. It took away some of the abilities of our Chief Electoral Officer to speak to us as voters when we needed information. One of those critical moments was, for instance, the election in 2011. The Chief Electoral Officer sent out a press release and got on the phone and radio. Robocalls were going on. Canadians were being misdirected, being told that their polling stations had changed. None of that was true. We had an investigation. I do not think it was ever adequately investigated. We know it took place, but we do not know who did it. That is a mystery that remains unsolved, but I think we know there was a gun lying on the floor, it was smoking, and several people standing around appeared to have used it. We have no conclusion, but we know for sure that voters who did not intend to vote Conservative were being told to go to polling stations that did not exist.

The Chief Electoral Officer then had the power to get on the radio and say “If you get a message on the phone that tells you it's Elections Canada on the line and your polling station has changed, ignore it. We have not changed any polling stations”. That was important.

What Bill C-23 did in 2014 was to take away the ability of the Chief Electoral Officer to do exactly that. It took away the ability of the Chief Electoral Officer to reassure Canadians that their polling stations had not changed.

There were a number of other things that the so-called Fair Elections Act did. One was to say that if there were a particularly long writ period, more spending would be permitted. That meant that the really big parties, like the Conservatives or the Liberals, and this was certainly to the advantage of the Conservatives in that election, could spend more money if the writ period were longer. They spent a lot of money. In that election, they spent just shy of $42 million. The people of Canada gave them half back, because of the way the so-called Fair Elections Act operated to their benefit.

Moving quickly, we had two pieces of legislation tabled in this 42nd Parliament to deal primarily with fixing all of the things that had gone wrong or were perverse under Bill C-23 in the 41st Parliament. In December 2016, we got Bill C-33. I was thrilled to see it, but it never got to second reading. Everything in Bill C-33 was added to Bill C-76, which emerged this year.

Let me just go through the great things that were in the original Bill C-33 and are now before us in Bill C-76. It gave the Chief Electoral Officer back the powers to warn people, to talk to Canadians, and to educate people in a non-partisan fashion. It got rid of the extended period in which parties could get more money out of the whole system. That is now in Bill C-76. It actually shortened up the period and restricted how much money big parties could spend, which means that the taxpayers will reimburse them less at the end, which is great.

The first part of Bill C-33, which has now come forward within Bill C-76, brought back the basics, namely that people are allowed to bring someone with them to the polls to say, “I know Joe. He's my brother-in-law. We live in the same neighbourhood. He's missing a driver's licence because his driver's licence has been taken away from him. I am here to vouch for him.” Students voting at university have a very difficult time proving where they live and thus that they have the right to vote.

Far too many people were denied their constitutionally enshrined right to vote in 2015. The Conservatives said that voter turnout went up. Sure it did. Voters were desperate to get rid of Stephen Harper, and they showed up in large droves. However, the reality is that hundreds of thousands of Canadians were denied the right to vote because of the changes to the Elections Act that we are now getting rid of.

What is also really good and entirely new is the concept that the Chief Electoral Officer, that is, Elections Canada, can go into schools and try to encourage 14-year olds to register to vote for when they turn 18. They can start, right away, knowing that they are registered so that they can begin to think about their civic duty to vote.

The lack of voter turnout among our youngest citizens is a real problem. I would love to see us reduce the voting age to 16. That is not in this bill, but a good first step is allowing Elections Canada to go into the schools to talk to the young people when they are in high school. Their civics education will feel far more real when they are personally registering to vote. It is not that they have the right to vote, but they are pre-registered for when they turn 18 and do have the right to vote.

Bill C-76 does a number of other things. I do not think we will ever do enough to deal with the threats to social media, things like Cambridge Analytica, the way that Facebook information can be mined, the way that Facebook ads can be targeted, and the use of fake news. Bill C-76 attempts to deal with this. I think we are going to have to come back to it and do more. I certainly support what they have done in this bill.

I certainly support having pre-writ election spending limits. This was a big vacuum in our laws. I think it is because the last time we looked at the Elections Act, no political party was spending money pre-writ. They kept their money and started spending it after the writ fell. It was not until Stephen Harper's attacks on Stéphane Dion in January 2007 that we started having attack ads outside of a writ period with no spending controls at all. Now we have spending controls.

What is missing? Here is the big gap. This was our opportunity to put political parties under our privacy laws. This legislation says that political parties must develop privacy policies and table them, but that is a far cry from having them under our privacy laws. It is a voluntary scheme. We need to put political parties under our privacy laws.

Back when Bill C-23 was going through the House in 2014, during clause-by-clause consideration of the bill, I did try to get an amendment passed that would make political parties subject to the Privacy Act. No party supported that then. I really want to thank the New Democratic Party for supporting my amendment, which did not succeed, to set out that parties must adhere to the Personal Information Protection and Electronic Documents Act, PIPEDA. We did not succeed, but I thank the NDP for being with me on that.

We need to keep working for fair elections in Canada. Bill C-76 gets us a long way toward them.

The House resumed 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, and of the amendment, be read the third time and passed.

Democratic ReformOral Questions

October 30th, 2018 / 2:45 p.m.


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Burlington Ontario

Liberal

Karina Gould LiberalMinister of Democratic Institutions

Mr. Speaker, it is such a pleasure for me to get up in the House and talk about democracy. Today Bill C-76 is at third reading. This means that more Canadians in 2019, if it passes through the other place, will have an opportunity to vote than they did under the previous government.

The Canada Elections Act sets out a time period for elections and by-elections. Those will all be called within the time allocated. We are very proud of the upcoming by-election on December 3.

Elections Modernization ActGovernment Orders

October 30th, 2018 / 1:45 p.m.


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Oakville Ontario

Liberal

John Oliver LiberalParliamentary Secretary to the Minister of Health

Mr. Speaker, I will be sharing my time with the member for Saanich—Gulf Islands.

I am pleased to speak to Bill C-76, the elections modernization act.

I would be remiss if I did not highlight the importance of the legislation to my riding of Oakville. One of the most significant issues that was raised at the doors in 2015 was how voters felt disenfranchised by the unfair changes to the Elections Act made by the Conservatives. Voters were unhappy with the additional complications and requirements for voting. My office still hears from expats who cannot exercise their civic duty from abroad.

The proposed legislation delivers on the promises our government made to strengthen our democracy. I am proud to stand in support of legislation that would make voting more convenient and more accessible for all Canadians. Our democracy is stronger when we see the participation of as many Canadians as possible.

The bill includes proposed legislative changes that will reduce barriers to participation for specific groups of Canadians. That includes members of the Canadian Armed Forces and more than one million Canadians living abroad. We are changing the rules for Canadians living abroad by removing the requirements set by the Harper government that non-resident electors must have been residing outside of Canada for fewer than five consecutive years and that non-resident electors intended to return to Canada to resume residence in the future.

It is astounding to me that some Canadian citizens remain unable to vote in our current system despite being fully eligible. It is high time these changes are made to the Canada Elections Act to bring our electoral system into the 21st century.

In my remarks today I would like to focus particularly on the measures contained in the bill, which I believe will help in reducing barriers for Canadians with disabilities and those individuals caring for a young, sick or disabled family member who would like to run for public office. Our legislative process is stronger when we have a diversity of perspectives and backgrounds present in the House of Commons. These measures would help encourage the participation of new voices.

Running for federal office, as I think everyone in the House will agree, is an incredibly challenging effort. On top of the intense demands of a campaign, some of our colleagues from all sides of the House ran for office while raising young children or caring for sick or disabled family members. The additional pressures of this kind of responsibility may make running for office out of the question for many qualified, smart and passionate Canadians. This is a great loss to the House and to our country. By helping Canadians with the cost of care for young, sick or disabled family members, we can help ensure that every Canadian has more opportunity to put him or herself forward to represent his or her community at the federal level.

I look forward to seeing how these changes will bring new and under-represented perspectives to the House of Commons. We as parliamentarians are responsible for creating laws for all Canadians. It only makes sense that the House of Commons is comprised of people who represent the diversity of experiences Canadians face.

I would remind the House that in 2010, Canada ratified the United Nations Convention on the Rights of Persons with Disabilities. One of the obligations of the convention is to ensure that people with disabilities can effectively and fully participate in political and public life on an equal basis with others. That includes the right to vote and the right to be elected.

In his report on the 2015 general election, the Chief Electoral Officer noted that electors with disabilities were a growing percentage of the voting population and faced particular hurdles when seeking to cast their vote. Working with an advisory group for disability issues, Elections Canada has developed and researched various tools and procedures to help electors with disabilities cast their vote in secret and as independently as possible. The Chief Electoral Officer has also reported on ways to increase the broader participation of Canadians with disabilities in democratic life, such as attending debates and running for office.

The report of the Chief Electoral Office on the 42nd election was studied very carefully by the committee on procedure and House affairs. Many of its recommendations, agreed to unanimously by the standing committee, are reflected in the bill before us.

Currently, the act provides that assistance to voters by an elections officer is only available to persons with physical disabilities. The act states, for instance, that “The deputy returning officer shall, on request, provide a template to an elector who has a visual impairment to assist him or her in marking his or her ballot.” This bill would make assistance available to electors no matter the nature of their disability, whether it be visual, intellectual or cognitive.

The current act uses the term “level access” to define accessibility at polling stations, for example, providing ramps for wheelchairs. This concept addresses the needs of the mobility impaired. Under the bill before us, “level access” would be replaced by the concept of accessibility, which would include a broader range of difficulties, including vision impairment.

The act would continue to allow the use of venues which would not be accessible, if the returning officer were unable to secure suitable premises. In these cases, electors with disabilities could take advantage of a number of measures. For example, transfer certificates could be made available for electors with a disability. These would enable electors to change the polling station where they would be able vote. Under the current law, transfer certificates are available for people with a physical disability when the polling is not accessible. The amendment in this bill would make the certificates available no matter the nature of the disability and irrespective of whether the polling station would be accessible.

Further, the Chief Electoral Officer would have the flexibility to determine how the process would be applied. People with disabilities would also have an option to vote at home. This bill would expand that option to include any elector with a disability no matter its nature or extent.

The Chief Electoral Officer sometimes undertakes pilot projects to explore better options for providing service to Canadians, such as greater accessibility to the polls. With this bill, we would return to the process in place prior to the Harper government's Fair Elections Act, when pilot projects required the approval of appropriate committees of both the House and the other place rather than the full chambers of both.

The bill would expand the assistance which could be provided by a person of the elector's choosing. Under the current law, the elector with a disability may choose a friend or family member to help him or her at the polling station. The same support is not available if the elector wants to vote at the office of the returning officer. Under this bill, when voting at the returning officer's office, an elector with a disability could rely upon the assistance of the person of his or her choosing.

Finally, the bill would implement the Chief Electoral Officer's recommendation that would give Elections Canada a more explicit mandate to explore assisted voting technology for the use of electors with disabilities.

I have been detailing the measures designed to remove barriers to voters on election day, but this bill goes further by introducing measures that would help people with disabilities participate more broadly in the democratic life.

Political parties can play an important part in helping persons with disabilities play an active part by making their campaigns accessible. Sign language interpretation could be provided at campaign events, for example. Campaign material could be provided in Braille. A ramp could be installed to access campaign headquarters. However, these come with costs. To encourage political parties and candidates to make these accommodations, the bill would reimburse the cost to make campaign materials and events accessible, up to $250,000 for political parties and $5,000 for candidates.

There are other measures in the bill that would encourage more candidates with disabilities or candidates who must care for people with disabilities to run for office. Currently, the additional personal expenses associated with these disabilities must be treated as campaign expenses. Under the bill before us, candidates would have the option to pay with their own funds, including child care expenses and other relevant home care or health care related expenses. The reimbursement rate for these expenses would be increased to 90% and be exempted from campaign spending limits.

I want to commend the Minister of Science and Sport for her work, in partnership with the Minister of Democratic Institutions, to see these important provisions included in the bill.

Elections Modernization ActGovernment Orders

October 30th, 2018 / 1:25 p.m.


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Conservative

John Nater Conservative Perth—Wellington, ON

Mr. Speaker, free and fair elections are a fundamental part of our Canadian democracy. Unfortunately, the entire democratic institutions file has been a failure since the Liberals took office.

One of the greatest promises they made in the last election was that the 2015 election would be the last election under first past the post. There was no asterisk. There was no disclaimer. There was no fine print that said it would be the last election under first past the post unless, of course, they did not get the type of electoral system they wanted that would benefit them, “them” being the Liberal Party.

There was no such asterisk. There was no such small print. Nonetheless, the Liberals walked it back, and they blamed everyone else for their failure. They blamed the opposition. They blamed the committee itself. They blamed the multi-party committee, which came to a general consensus. They blamed that committee, which included Liberal members, for its failure. They blamed the general public for not having a clear consensus on what an alternative electoral system ought to be. However, the failure rests with the Liberal Party. It is, and it continues to be, the Liberal Party's failure.

While the Liberals were failing at the electoral reform committee, they also introduced Bill C-33, which they claimed would implement many of the recommendations from the Chief Electoral Officer following the 2015 election. Here are the facts. Bill C-33 was tabled at first reading on November 24, 2016, nearly two years ago. Today that bill remains at first reading, unmoved and unloved. We have to question the motivation of the current Liberal government in introducing that bill, then allowing it to sit at first reading and never once bringing it forward for debate in this august chamber.

In testimony at committee, when the eminent political science scholar, Dr. Paul Thomas, questioned the very motive of the Liberal Party, he said:

The government's management of this file has been very poor, in my opinion. If [Bill C-33] sits on the Order Paper for 18 months, it says something about the commitment of the government to get this moving ahead

However, that is exactly what has happened. The Liberals introduced legislation for window dressing and allowed it to sit idly by.

There are other failures in the democratic institutions file. Take cash for access, for example, and the ethical lapses of the current Liberal Party when it comes to fundraising. The Liberal government had barely been sworn in when it was already using its ministers to fundraise, using lobbyists who were registered to lobby their own ministers to fundraise from them. Rather than admitting that they were wrong to be fundraising from access to federal ministers, the Liberals tried to legitimize this practice by introducing Bill C-50. Of course, being Liberals, they left a great big loophole, what we call the Laurier Club loophole, allowing their well-funded Liberal donors to continue to have unfettered access to Liberal decision-makers, as long as it happened at Laurier Club events. They might as well have named that clause the Laurier Club loophole, because that is exactly what it is. Rather than dealing with the issue, rather than dealing with the unethical nature of selling access to senior ministers of the Crown, the Liberals simply used legislation to try to legitimize their bad practices.

The Liberals' failures do not end there. The Liberals even failed in the appointment process for the Chief Electoral Officer, the person in charge of ensuring that our elections run smoothly and appropriately, free from all interference.

The former chief electoral officer, to his great credit and foresight, announced that he would retire early from his position. He announced this in the spring of 2016 to allow whoever succeeded him as CEO to have enough time to get familiar with the job and to prepare for the 2019 election. However, at the end of December 2016, when he formally resigned and retired as chief electoral officer, there was no replacement in the offing. In fact, there was no replacement until this spring, nearly two years after Mr. Mayrand announced his retirement.

Even when they finally replaced the Chief Electoral Officer, they could not do it without failing. The media reported that a new Chief Electoral Officer had been chosen on April 4, 2018. They noted that someone had been selected, that the consultation had been done with the Leader of the Opposition and the leader of the third party.

Lo and behold, weeks later, we found out that the original name circulated in both the media and to the opposition was in fact not the new Chief Electoral Officer. Rather, the very competent interim Chief Electoral Officer was appointed as the permanent replacement. I have to wonder how the Liberals could have waited nearly two years to appoint the person who was already doing the job. It is yet another example of the Liberal government's failing on the democratic institutions file.

That brings us to this bill itself, Bill C-76. Both the former and current Chief Electoral Officers were very clear about the need to have this legislation tabled and implemented early so that they could be prepared for the next election. In fact, when the acting, now permanent, Chief Electoral Officer, Stéphane Perrault, appeared before committee, on April 24, 2018, he stated:

When I appeared last February, I indicated that the window of opportunity to implement major changes in time for the next election was rapidly closing. That was not a new message. Both Monsieur Mayrand and I had previously indicated that legislative changes should be enacted by April 2018. This means that we are now at a point where the implementation of new legislation will likely involve some compromises.

What did the Liberals do? They sat on their hands for nearly three years and then finally tabled Bill C-76 on April 30, 2018, the same day the Chief Electoral Officer said he needed legislation fully enacted, with royal assent. The Liberals only introduced it on April 30 and then expected the opposition and the third party to simply roll over and allow this legislation to pass expeditiously.

We cannot ignore the fact that this very debate we are having in this chamber is under the guillotine of time allocation. Frankly, I am shocked, because it was the Liberal Party and the Prime Minister who introduced and supported a motion that would have amended Standing Order 78 so that:

No motion, pursuant to any paragraph of this Standing Order, may be used to allocate a specified number of days or hours for the consideration and disposal of any bill that seeks to amend the Canada Elections Act or the Parliament of Canada Act.

Here we are with a bill that has 401 clauses and 352 pages. It is a bill the Liberal Party itself accepted as being flawed by introducing 65 amendments during the committee analysis, because it recognized that despite waiting nearly three years, it was rushing at the last minute to try to get some legislation on the books, and it tried to correct its own legislation this past summer.

We see that work has yet to be done in the Senate, in the other place. I am intrigued to see what amendments it will be relying on to fix some of the concerns expressed about this piece of legislation.

This legislation is flawed, and we will be voting against it.

Elections Modernization ActGovernment Orders

October 30th, 2018 / 1:15 p.m.


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Conservative

Kerry Diotte Conservative Edmonton Griesbach, AB

Mr. Speaker, today I am splitting my time with the member for Perth—Wellington.

Fair and free elections are the bedrock of our democracy, something which all Canadians can and should be proud of. We all know that every Canadian citizen is entitled to vote and ensuring the fairness of the system is a civic duty that all parliamentarians and Canadians have an interest in. That is why Bill C-76 is so troubling, because instead of strengthening the integrity of our electoral process, it actually weakens it.

What is especially concerning is the proposal to allow voter information cards to act as acceptable voter identification. In the 2015 election, there were serious issues with voter information cards with some one million voter information cards having inaccurate information. That included cases of voter information cards having the wrong name or directing voters to the wrong polling station. There were even cases of voter information cards being mailed to people who were ineligible to vote, which is a very serious matter.

The 2015 election was also not a one-off problem. According to Marc Mayrand, the then chief electoral officer of Canada, these problems were normal and they were in accordance to past history.

More recently, the Toronto Sun reported that a female asylum seeker who has been in Canada only 18 months was urged by Elections Canada to register to vote. The Elections Canada letter told the woman to register by October 23, saying that registering in advance will ensure she is on the voters list. The problem is the woman should not be on the voters list because she is ineligible to vote. Her husband, who is also not a citizen, said that this is not an isolated incident. He told the Toronto Sun that some friends of his here on work permits have also been urged to register to vote even though they too are ineligible.

Elections Canada continues to have serious issues in ensuring that its information is accurate. It makes absolutely no sense to rely on voter information cards as acceptable identification especially considering there are multiple alternative sources of identification that are readily available and that are not prone to such errors.

Under the current system used by Elections Canada, there are more than 30 acceptable forms of identification. One can use as the sole source of identification a driver's licence, a provincial or territorial ID card, or any other government issued photo ID with an address. In combination, a person could use a health card, a passport, birth certificate, certificate of Canadian citizenship, a bank statement, government statement of benefits, income tax assessment, residential lease or sublease, a utility bill, a label on a prescription container, or a letter of confirmation of residency from a school, shelter, seniors residence or first nation. Those are just a few of the possible options.

This legislation also fails to deal with foreign interference in Canadian elections. All Canadians can agree that foreign influence in any democratic election is a serious concern and we must absolutely forbid it. It is really disappointing that the government would leave such a large omission with respect to its legislation.

Ironically, Canadians probably have heard more about allegations of interference in the 2016 U.S. election than the very real foreign influence that happened in the last Canadian federal election. During the 2015 federal election, left-wing lobby groups, one by the name of Leadnow, with the support of the U.S.-based Tides Foundation, targeted 29 federal ridings and spent scads of money to influence the outcome of our election. The Tides Foundation also provided support for more than 14 other registered third parties.

The problem is that under the current rules this is somehow acceptable due to a loophole in the law. But again, according to former chief electoral officer Marc Mayrand, “Once the foreign funds are mingled with the organization in Canada, it's the Canadian organization's funds. That's how the act is structured right now, and they can use those funds between or during elections.”

What this ultimately means is under the current rules, third parties have no limitations on the use of foreign funds during elections. I assure the House that everyday Canadians in my constituency do not think this is acceptable in any way.

I am left wondering why my hon. colleagues across the way are leaving this loophole in place at all. I have a funny feeling this loophole would be a much higher priority for them if the money had not directly benefited them in the last election.

If a registered third party would like to intervene in a Canadian election, it should do so only with money raised by Canadians. This is especially important because of the marked increase in registering third parties and their role in Canadian elections.

Comparing the 2011 and the 2015 elections, registered third parties more than doubled from 55 to 115 organizations and third party advertising spending increased sixfold from $1.25 million to $6 million. Instead of tackling this issue, Bill C-76 would actually make the problem worse in several ways.

Under the legislation, third party spending limits during the writ period will be doubled for each registered third party. That also means there is more foreign money that could be used in Canadian elections.

This legislation is also silent on unlimited contributions from individual donors. Donations to political parties now, as we are all aware, are limited to $1,575 a year. Corporate and union donations, as we know, are banned entirely, as they should be. However, there are no limits whatsoever to donations to registered third parties outside the pre-writ and writ periods and that seems totally wrong. During those periods they can receive unlimited amounts of funding from individuals, corporations and unions, whether foreign or Canadian.

If the purpose of the limits to political donations is to ensure all Canadians can have an equal say in elections, should those contribution limits not be equally applicable to registered third parties? One would think so. By not limiting donations to registered third parties, some donors, even foreign donors, will be able to have significantly larger voices than other Canadians, and that is simply not acceptable.

To put it simply, Canadian elections should be about Canadians, by Canadians and for Canadians. Bill C-76 would not further that goal and should not be supported.

Canadians deserve and demand fair elections.

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October 30th, 2018 / 1:10 p.m.


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Liberal

Scott Simms Liberal Coast of Bays—Central—Notre Dame, NL

Mr. Speaker, if I recall, the debate was about changing Bill C-33, doing exactly what it is we are doing right now. That is the whole point of this. The point is to walk back what was done by the former Conservative government.

By the way, members of the NDP agreed with what we were doing at the time. I am assuming they are voting for this legislation for that reason alone.

There are so many egregious things that we wanted to fix and it is all done right here in Bill C-76. The whole point of the thing, as I said before, is that it was the making of a solution to a problem that did not exist. Right now, we are working it back because we truly believe it is an inalienable right for people to have access to vote in our democracy if they are above the age of 18 and a Canadian citizen. That is their right.

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October 30th, 2018 / 1 p.m.


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Liberal

Scott Simms Liberal Coast of Bays—Central—Notre Dame, NL

Mr. Speaker, I do not know how I am going to follow that. It was quite blistering, intelligent and if I do say so myself, something I must surpass. I will try. I do not know if I will have any success, nevertheless we know the Lower Mainland of British Columbia is well represented.

I want to thank my colleagues for bringing forward their thoughts on this. We are into third reading on Bill C-76. We are just about to hand it over the Senate. I hope it gets the acceptance.

For me, this is a journey that has taken place for quite some time. It started for me with Bill C-23 in the last Parliament. At the time, it was called the Fair Elections Act. There was much to-do about the title, of course, and a lot of people made fun of the title. A lot of us felt that it was not fair in many respects. Some changes were made that were certainly acceptable, but for the most part, it was a bill that was troubled in the law. In my humble opinion, here we are now winding back some of the mistakes made in Bill C-23.

There are four main themes in Bill C-76. We are talking about amendments to third party spending, which is very important because third party spending has come up quite a bit in politics throughout the world. The United States grapples with this issue every year, not just every four years. Throughout Europe it is the same sort of situation, where one has to track the third party spending looking at how they plan to affect elections. This bill would substantially address that issue, far more substantially than what has been done in the past.

One of the things being encapsulated in this legislation is the fact that the activities around politics and the things we can spend on are being described. Right now, there are all sorts of ways of communicating with the people. With the onset of polling years ago, now we have push polls, pull polls and all that sort of thing, as well as the fact that we also have social media to contend with. In the past, advertising was held to newspapers, radio and television. Through social media, now there are all types of advertising, and ways to track advertising spending have become much more difficult as well. Therefore, encapsulating all of that in this legislation would go a long way.

For example, in the past we always talked about the advertising issue. Right now, there are three elements in this legislation we must address: election advertising, as I have mentioned; political activities, election activities such as rallies and those sorts of things that must be addressed; plus surveys, finding out the information and bringing it back to the candidate and the campaign, and the expenditures surrounding those.

The second part of Bill C-76 is reducing barriers to participation and increasing accessibility. To me, the accessibility measures in this legislation are essential. I will get to those in a moment. However, part of this bill would be reducing the barriers to participate, in particular the voter information card, which is something that has come up quite a bit. I will also address that a little later. In terms of modernizing voting services, I mentioned the advent of technology. We are using technology a lot more in all facets of life, not just when it comes to election campaigns. Another element is amendments related to privacy and protecting personal information.

When it comes to third parties, what we would be doing here is broadening the scope of third party activities. A third party would have to register with a CEO, which we feel is necessary. If they spend more than $500, then they would have go forward, be registered and would have to be tracked in light of that. We are also talking about spending on advertising, as I mentioned, partisan activities and election surveys.

Now, we would be defining two periods to measure this. There would be a pre-election period and the election period, when the writ is dropped until election day. It is very important to capture what would be happening in the pre-election period in this legislation, because we want to track how it affects the election itself. Third party spending is a big part of that. Foreign prohibition also came up. I have been here 14 years, and this issue comes up substantially when talking about foreign participation in our elections. Now, it is not prolific to the point where it is a major problem, but it could be. The language in this legislation would curtail a lot of that activity.

To be precise, it would be people who do not reside in Canada. It would include corporations that do not carry on business in Canada or are not formed in Canada and groups where the responsible person does not reside in Canada. It defines the entity by which third party spending is done.

I want to move on to another subject that is also encapsulated in the bill that is a step ahead. It is called the register of future electors. There are many jurisdictions around the world, and even within Canada, that look at voters younger than the voting age of 18. They go through the process of registering them so that when they turn 18 it becomes a simpler measure. However, what it really does is incorporate younger people to get involved in the election itself. It is not like when one takes part in an election in school. What they are doing is enumerating themselves to be registered so that when the election arrives they will be far more ready and far more aware of the situation of how one registers to become involved. Let us face it, it is a right to vote. We have a right within our charter, and therefore, to exercise their right these people get to the point where they work up to the age of 18.

There are jurisdictions in Canada that do this right now. They are: Nova Scotia, P.E.I., Ontario and Yukon. Around the world, U.K., New Zealand, Australia and Argentina all partake in registering of younger voters before the age they are eligible to vote.

That is only fair. Within the major political parties in the House one can vote for a leader at 14 years of age. Therefore, if the parties recognize they are incorporating people at this age to vote, then certainly it is incumbent upon Elections Canada, which they agree with and seem to be as excited about this as much as I am. They too are now involved in the process. That is also something in the bill that was overdue. Now we are embarking upon that.

On accessible voting, amendments to make it easier for those needing assistance to vote need to be improved. We are looking at assistance by friends or relatives to make the process of marking a ballot easier. Vouching in seniors residences would also become easier. The right to vote and the access to vote is an inalienable for Canadians and must be enshrined in legislation. The access to vote must be improved through the Canada Elections Act.

The other part of the disability involves when it comes to spending and how we do this. Money spent on those with disabilities can be included for election expenses but is not part of the cap. Therefore, we can be reimbursed for expenses for those with disabilities, but it does not go toward the overall spending cap. This is the type of legislation that could go a long way. It may seem like a small measure to many of us, but it is not if one is campaigning for someone with a disability.

Clause 5 restores the broad-based authority of the CEO to educate and inform the public. This was an egregious error in Bill C-23, the former Fair Elections Act, when they took that power away from Elections Canada. The problem with it was that Elections Canada was not able to inform the public about voting, the process and the democracy of it. It was basically pigeonholed to one particular part, which was only to youth. There is nothing wrong with that, that will continue, but now Elections Canada would have the ability to go beyond this and bring to the public information about democracy and voting. It would help promote to Canadian citizens above the age of 18 who have not taken part in democracy, and therefore is essential.

The other part is on the voter information card. How many times would I go around and see people with the voter information card on their refrigerator or on the door, waiting for election day? They would take it down to the voting booth as part of their ID and be turned away because it is not ID. To me, that was just wrong. Therefore, I am glad to see we are restoring the voter information card as valid ID. In the past, with Bill C-23, the problem with that legislation in many respects was it was a solution to a problem that did not exist. The problems around the voter information card were so minuscule that they felt it was unnecessary to use. To me, that was an egregious error so I am glad to see that back in all its facets.

Finally, I would like to say I am glad to see that the commissioner of Canada elections has returned to Elections Canada and has been taken out of the public prosecution office.

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October 30th, 2018 / 12:45 p.m.


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Liberal

Sukh Dhaliwal Liberal Surrey—Newton, BC

Mr. Speaker, I will be splitting my time with the hon. member for Coast of Bays—Central—Notre Dame.

I am proud to rise today in support of Bill C-76, an act to amend the Canada Elections Act.

We are fortunate to live in one of the strongest democracies in the world. We are a nation that is respected for the strength of our human rights, equality and freedom. However, what makes our democracy so robust is the fact that we are willing to continuously look at ways to make it stronger, which is what this bill does.

After a careful review of the Canada Elections Act, the Chief Electoral Officer made over 130 recommendations on ways to improve how our democracy functions. Both the House and the Senate committees have studied these measures in detail. Along with input from experts from across all of Canada, our government has introduced this legislation to modernize the Canada Elections Act. This legislation will bring Canada's electoral system into the 21st century. Bill C-76 will make it easier for Canadians to vote, make elections easier to administer, and protect Canadians from individuals and organizations who would seek to influence their vote.

A key element of this bill reverses the changes made by the previous Harper Conservative government that weakened our elections and made it harder for Canadians to vote. Our open democracy and the right to vote underpin the strength of our country. When attempts are made to weaken our electoral system, it also weakens our nation. What we need is a more engaged electorate, high participation in elections and a fair election process so that the decisions we make in this House are truly reflective of the entire country, and so that voters will have confidence in our electoral institution.

The Conservatives repeatedly made attempts to put their ambition for power ahead of protecting and strengthening the rights of Canadians. This bill will bring an end to that.

As I said earlier, this bill follows over 130 recommendations that the Chief Electoral Officer made after the last federal election, as well as the extensive studies that were done at the committee level. I would like to briefly share what some of those changes are.

First, we are making several important changes that will strengthen our democracy and the faith that Canadians place in these institutions by banning all foreign donations and prohibiting foreign groups to advertise in our elections. We will also extend the pre-writ period so that these outside groups are less able to impact voters closer to elections. There will also be new measures to prevent the publishing of false statements to affect election results and stop political bots from interfering as we have seen happen in other countries.

Second, we are taking action to make more young Canadians participate in our elections. This bill will create a national list of pre-electors so that Elections Canada can pre-register youth aged 14 to 17 to vote.

Elections Canada will administer the list and sign up young people to receive information about voting until they reach voting age. In fact, this week, my son, who is 14 years old, was asking me questions regarding the electoral process. He and his classmates were debating two different issues. His entire class is very well engaged with what is happening on the federal scene and also on the provincial scene. This will help individuals like Arjan to participate more and to be prepared, when they turn 18, to vote.

This is a common sense change that all members should support. Our youth are our future. We need to do everything in our power to support and encourage them to vote, and this will do that. There has been much work and study done that clearly indicates if we educate the youth about voting at an early age, they are more likely to vote when they reach voting age. From that point onwards, they will be more inclined to continue to vote.

Third, we are going to eliminate the barriers that the Conservatives put up to prevent Canadians abroad from voting. The previous Harper Conservative government removed the rights from over one million Canadians. We believe that every citizen has a part and role to play in this country, and we need to make sure their voices are heard.

Fourth, on the issue of increasing participation and making it easier for Canadians to vote, through this bill, we will allow Canadians to use their voter information card as a legitimate form of identification at the polls so that individuals are not turned away from voting because of troublesome rules that seek to suppress voters.

Last, this bill will provide a complete modernization of our elections laws, including increasing the time advance polls are open and allowing for special ballot kits to be made available electronically. Advance polling locations will be required to stay open for a period of 12 hours during the four advance voting days.

Making special ballot kits available electronically will allow electors to receive their ballots electronically with instructions as to how to return the printed ballot in a way that will guarantee the integrity and secrecy of the vote.

This bill will also allow electors to vote at any of the tables in a polling station rather than wait at the specific table assigned to their polling division. This will require Elections Canada to introduce a minimum level of technology in polling stations to manage the list of electors.

It will enhance the electors' experience by making voting more convenient and significantly reducing the wait time on election day, as well as during advance polling days.

We believe these changes are important. We are a government that encourages Canadians to participate in the electoral process and seek to build consensus because, as the Prime Minister, the member for Papineau often says, there is more that unites us than divides us.

I hope all members of this House will join me in supporting these common sense reforms that will strengthen our democracy, make our elections more fair and accessible, and in doing so, make our country much stronger.

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October 30th, 2018 / 12:25 p.m.


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Conservative

Kevin Sorenson Conservative Battle River—Crowfoot, AB

Mr. Speaker, it is a real honour to rise today in the House to speak to Bill C-76, an act to amend the Canada Elections Act.

Today has been one of those days on Parliament Hill. We just had a committee looking at parents who have lost newborn children or during pregnancy. As we sat listening to the stories of those individuals, it brought, I think, most of the committee to tears.

However, this afternoon we are looking at a bill to amend the Elections Act. It shows the broad range of things that happen in Parliament. This morning we saw people who were genuinely affected and now we are seeing a bill brought in place that really, for all intents and purposes, will just give an advantage to the Liberal Party.

I should say, though, that I sincerely regret the fact that many of my colleagues are denied a similar opportunity to speak, given the Liberal government's decision to move time allocation on this bill. Having an opportunity with an appropriate amount of allotted time for MPs to express the views of their constituents is a fundamental principle of democracy upon which the House of Commons is founded. This opportunity is being denied.

It is for this reason that we on this side of the House adamantly oppose the Liberals' blatant, disrespectful manoeuvre. Shutting down this debate is disrespectful to MPs and, more importantly, disrespectful to those Canadians who want to be heard on this issue.

I am confident that Canadians will justifiably punish the Liberal government for silencing them on this very important issue of electoral reform. At the very crux of our democracy are elections and how we facilitate those elections is key, and yet Canadians have had their voices silenced on this.

I am equally confident that Canadians will take great exception to the bill before us today, which leaves our elections wide open to foreign interference. It does so to the benefit to the Liberal Party. It is widely suspected that in the 2015 federal election, Liberal candidates defeated their opponents in several key ridings due to foreign interference.

The speed the Liberals are trying to ram this legislation through Parliament a year before the 2019 election clearly shows their eagerness to once again win with just a little extra help. I firmly believe that every vote cast by a Canadian citizen matters. I will therefore continue to work with my Conservative colleagues to keep foreign entities from undermining our democratic institutions, especially through the very fundamental exercise of elections.

As my honourable colleague from Thornhill pointed out last Friday, Bill C-76 would double the total maximum third party spending amount allowed during the writ period and would allow unlimited contributions by individual donors and others, unlimited spending by third parties and unlimited foreign donations outside the pre-writ and the writ periods. Effectively, this loophole would allow foreign charities to give millions of foreign dollars to Canadian charities, and those millions, as my colleagues stated, can be disbursed as Canadian dollars to third party groups to support and oppose parties and candidates.

Canadians deserve to know where the money for elections is coming from and it is up to the Liberal government to ensure that third party entities are being fully transparent and there is no undue and outside interference. Bill C-76 fails miserably in this regard.

It is also up to the government to ensure that non-resident electors are not treated the same as full-time residents, residents who are impacted in their daily lives by the regulations, decisions and economic realities and red tape of government. The individuals who are living here deal with all of these regulations. Allowing non-resident electors the vote, regardless of how long they have lived outside of Canada or whether they intend to ever return, is simply wrong.

Most non-residents were unable to vote in Canadian elections until 1993, when expats living outside Canada for fewer than five years and who intended to return were granted the right to vote by mail-in ballot. I wholeheartedly agree with the less-than-five-year rule, but obviously the Liberal government does not. Again, I believe that they do not agree because, for all intents and purposes, they are looking for ways to gain an advantage.

As a result, the legislation before us today goes further than simply restoring voting rights to short-term expats, because the Liberals feel it is to their advantage. Under Bill C-76, anyone who has ever lived in Canada would be able to vote. Following the introduction of Bill C-33, Bill C-76's predecessor, as noted in a November 2016 South China Morning Post article, “They would theoretically include most of the 300,000 Canadians who live in Hong Kong, most of whom are returnee emigrants and their children. Huge numbers of Hong Kongers emigrated to Canada ahead of the 1997 handover, but many have now returned as dual citizens.”

The article gives the example that when Hong Kong was returned to mainland China, many people came to Canada and other countries. Now, many of them have returned. The same article goes on to express the divergent views of two Hong Kong residents. One, a civil servant close to retirement who spent 11 years in Canada before leaving in 1995, said:

Having the right to vote is an honour, this will motivate me to pay more attention to their political news because I still have family members living in Canada and I will spend more time over there after I retire.

In that article, he said he would vote in Canada at the time of an election if he were allowed to.

The same article made a comparison with a 39-year-old high school teacher in Hong Kong, who was born in Canada, but who said he would not vote, because he said:

I only lived there for 10 years when I was young. I do not know that much about Canadian politics and have not been following closely of their news, so I believe it would be irresponsible for me to vote.

I would agree with that. It would be irresponsible, as it is irresponsible for the current Liberal government, to lift the less-than-five-year voting restriction and thereby open up the system to abuse. It is irresponsible for individuals who have no idea of the issues, no idea of the candidates and no idea of what is really happening, to put an X when their country and their passion is where they are residing, as was the case with this 39-year-old, for some 29 years.

Another measure in Bill C-76 that would leave the Canadian democratic process open to abuse is the use of the voter identification card as acceptable voter ID. In the last election in 2015, nearly one million erroneous voter identification cards were given out, creating huge potential for voter fraud. I cannot support a bill that has the potential to undermine our highly respected electoral system as a result of voter ID cards being taken as a valid form of identification when we know that out of the 16 million or 17 million people who were eligible to vote in the last election, more than a million of them were given erroneous cards.

What the government is trying to enshrine in this bill works against fair elections. It works against the very principles of democracy. When anyone is willing to take away the rights of someone else to advance his or her own, I would warn Canadians, because if Liberals are willing to take that from someone else, what will they be willing to take from Canadians in the future?

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October 30th, 2018 / 12:25 p.m.


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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I am pleased to rise to debate Bill C-76. I will have a speaking slot later for which I am very grateful.

The timeliness of the intervention from the member for Lanark—Frontenac—Kingston is very helpful for me. I was unable to pose a question earlier for the member for Lac-Saint-Louis, who did a spectacular job as the chair of our parliamentary committee on electoral reform on which both the member for Lanark—Frontenac—Kingston and I both served.

However, I think the member for Lac-Saint-Louis misspoke when he said that everyone knew the Liberals favoured preferential voting and ranked ballots. Our committee was tasked with making a recommendation for replacing first past the post.

I wonder if my friend from Lanark—Frontenac—Kingston could confirm my memory, that the Liberals on the committee never put forward to our committee the proposal for preferential voting. They did not put forward any proposal at all.

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Right now, we have no laws governing privacy in political parties. As it was described by the Privacy Commissioner, it's the wild west.

According to the Chief Electoral Officer, Bill C-76, which you referenced earlier, has nothing of substance in it when it comes to privacy. The status quo will continue, which is that none of you are under any legal obligations when it comes to privacy as pertains to the federal laws. Is that right?

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October 30th, 2018 / 12:10 p.m.


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Conservative

Scott Reid Conservative Lanark—Frontenac—Kingston, ON

Mr. Speaker, for the sake of novelty, I thought I would do my entire speech without yelling or screaming, even once. Let us see if that helps to set the tone for the rest of the debate. I thought it was going pretty well until the last intervention and then we sort of went off the rails.

I want to start by dealing with a couple of things that have nothing to do with Bill C-76.

The first is to draw attention to the poppy on my lapel. There has been a developing tradition here the last couple of years where members will be wearing poppies that are different from the traditional ones put out by the legion. Sometimes they are an aboriginal poppy. Sometimes they have some other significance. The one I am wearing is done by the women's auxiliary at the Perth legion and the funds go directly to the local legion.

I also want to take a moment to deal with a matter that is near and dear to my heart, as I was unable to do so in any other spot. It is the issue of freedom of religion and the right to worship safely and peacefully. I am speaking of course of the tragedy that occurred last Saturday at the Tree of Life synagogue in Pittsburgh, Pennsylvania. I chaired an all-party parliamentary committee dealing with anti-Semitism and, subsequently, along with the Liberal MP, co-edited a book about anti-Semitism. This is the very worst example of anti-Semitism we have seen in recent years on our continent. Like all members, I speak in solidarity with that.

I want to mention one other thing before I move on from this topic. I learned of this tragedy because I was informed of it by an email sent out by an Islamic group called LaunchGood, which raises money to assist people who face tragedies of this sort. Typically, these are tragedies within the Muslim community. A year ago, I and a number of other people, including some MPs, contributed to the LaunchGood effort to raise money for one of the survivors of the Quebec mosque shooting. This time, it is raising money on behalf of the victims of the synagogue shooting. That is indication of the kind of generosity and spirit we see among the great religions of the world and those who truly believe in their faith.

None of that is germane to Bill C-76, which I will turn to now. I will be splitting my time with the member for Battle River—Crowfoot, who like me is a survivor of the class of 2000. His riding name is more appropriate with time, as all of us who have been here since 2000 are developing deeper and deeper “crowfoots” at the corner of our eyes. It has been a great pleasure to serve beside him and the other veterans.

In dealing with Bill C-76, I will delve into a number of the issues relating to the way the government has pushed all too little on the bill until the last minute and now is in a panic to get it done in time to go into effect for the next election. This has been an unnecessary delay. I will return to that theme if there is time.

However, I want to start by talking about an issue that arose today, which is the proposed amendment to the motion before the House. That is the amendment introduced by my colleague and my New Democratic colleague calling for us to return it to committee so we can deal with the issue of by-elections.

There is a by-election under way now in the riding to my south, where my esteemed late colleague Gord Brown served. He sat in the seat near me. He passed away earlier this year. The Prime Minister took the maximum allowed period of time before calling a by-election for that riding. This means that the people in Leeds—Grenville—Thousand Islands and Rideau Lakes have gone without representation far longer than is appropriate. Shame on the Prime Minister.

The Prime Minister has failed to call several by-elections for several vacancies, including the one in Burnaby South, where the New Democratic candidate is the current leader of the New Democrats, Jagmeet Singh. There can be only one purpose in delaying that by-election. It cannot be because the Prime Minister was caught off guard by this or because there is some kind of impediment keeping him from doing this. The former member for Burnaby South, Mr. Kennedy Stewart, our former colleague, resigned on September 14. However, he made public the letter to the Speaker in which he announced his intention to resign on August 2. He made it clear back in May that he intended to resign. That is now four months in the past. The by-election should have been called immediately.

There can only be one purpose for delaying this by-election. Take account of all the insincere posturing about being a friend of democracy we hear from the Prime Minister of Canada right now. The reason for delaying this by-election is to ensure Jagmeet Singh does not get to take a seat in the House until the last second.

Why would the Prime Minister do this? Because this is an extraordinarily effective tactic for neutering the leaders of opposing parties. We saw an example of just how this works the year I was elected. It was also the year my colleague from Battle River—Crowfoot was elected. We were elected November 27, 2000. The election was called, a snap election, in mid-October of 2000. Our former leader, Stockwell Day, was newly elected in a by-election on September 11, 2000. He came to the House, began speaking here, was beginning to bite and have some effect so the prime minister called an election to essentially neuter him before he could become effective.

The Prime Minister can no longer easily affect the date of the election, but he has the ability to delay and delay the calling of a by-election in order to ensure Jagmeet Singh will meet with a similar fate, that he will be unable to come here, advocate effectively for the causes he believes in and start nibbling into Liberal support from the left, just as our leader has been very effective in doing so from the right. That is an affront to democracy.

I do not care how many sincere looks the Prime Minister gives the camera while he explains whatever his ostensible motivation is. The fact is that he is stripping away a vital aspect of parliamentary democracy. There is a real need to deal with this sort of thing, to prevent this sort of misuse, especially when it comes to the election of party leaders to the House of Commons.

We have always had a practice of showing a kind of courtesy. I thought Jean Chrétien was egregious in his abuse and violation in turning away from that practice when he called a snap election in 2000. However, he really does not hold a candle to a prime minister who seems to simply want to hold off the by-election forever. It is wrong, it is always wrong and it is wrong when the Prime Minister does it.

Let me talk a bit the urgency of getting this bill through and the need to use time allocation. The Liberals introduced legislation dealing with elections changes, Bill C-33, in November 2016. Then they never brought it forward. Over a year later, they came out with the replacement for Bill C-33, containing most of what Bill C-33 contained plus some new additions. That is the current legislation, Bill C-76.

The year-long delay is not the fault of the opposition; it is the fault of the government. The government likes to say that the opposition was constantly filibustering in committee and it could not get anything done. The procedure and House affairs committee, on which I sit, met in the spring to deal with the bill and then it met again mid-September when the House resumed.

An entire summer went by during which this committee did not meet. It could have met. There is nothing stopping a committee from meeting over the summer. Indeed, a couple of years ago, another committee I was on, the committee on electoral reform, met all through the summer. This past summer, a number of committees met. Some of them met several times. This committee could have done that. That is not the fault of the opposition parties; it is the fault of the government.

Going back yet further, the government could have started dealing with this legislation much earlier. Instead, it chose to deal with its electoral reform that would change our electoral system, and there were hearings on it. It delayed that for the better part or a year in order to consume enough time that only one electoral system could possibly be put forward and implemented in time for the 2019 election, which is preferential voting because it does not require redistribution.

At this point, there has been a delay of about two and a half years out of the three years that have gone by so far. All of it is because of the government's own delays. The government has tried to say that it ought to impose closure, limiting debate on a 300-page bill, because we dragged our heels. My response to that is that the government's mismanagement ought not to constitute my crisis nor ought to constitute a crisis for the people of Canada.

October 30th, 2018 / 12:05 p.m.


See context

Privacy Officer and Director of Membership, Conservative Party of Canada

Trevor Bailey

I'll get started on that one, if that's okay.

There are a couple of things. Other than working with Elections Canada on Bill C-76 consultation and any ongoing consultation on this matter, that's a bit outside my purview as privacy officer and membership chair. I'm not sure I can speak for the party on that particular issue other than, obviously, we want to make sure we have fair elections going forward.

Peter Kent Conservative Thornhill, ON

One of the loopholes that wasn't addressed or is not being addressed by Bill C-76 is the fact that charitable American dollars that might have a political objective in determining, supporting or affecting a Canadian election can be effectively converted into Canadian dollars by being transferred from that American charitable group to the Canadian charity, which can then distribute them to third parties to be used in election campaigns. The witness who most effectively made this point, Vivian Krause said that it's easy for any individual political party to say that they take the high road in a political campaign if a third party is throwing the mud and making the political accusations on the campaign trail.

I wonder if any of your parties would encourage the government to more effectively enable the CRA to respond to Elections Canada's unknowns about how these foreign charitable dollars are getting into the Canadian election process.