This bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.
Karina Gould Liberal
This bill has received Royal Assent and is now law.
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.
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.
Currently, Bill C-76 would provide that if one candidate or one representative of a candidate is present, the vote can begin in the presence of that person, but also in the presence of multiple candidates and representatives.
October 16th, 2018 / 5:20 p.m.
Deputy Chief Electoral Officer, Regulatory Affairs, Elections Canada
My understanding currently of the Bill C-76 provision that we're looking at is that it requires the count of votes to take place in the presence of candidates and their representatives or, if none of them are present, in the presence of at least two electors.
In our understanding, that would apply to the count across the polling station, meaning with respect to each box at the polling station. In our view, the existing provisions already, I think, provide what seems to be of concern, which is that the count takes place in front of witnesses. All of the counting that takes place by election officers is done in the presence of witnesses.
So I'm not sure that what is being proposed is necessary. I don't have an objection to it, either. I think it's something we can certainly work with if it's felt to be important, but in our view, already the intent of that provision is for the count to take place witnessed.
John Nater Conservative Perth—Wellington, ON
This is from the actual Canada Elections Act, not Bill C-76. It's the Canada Elections Act for that provision. It's basically that for social media there can't be a differential pricing. It's applying to that the same rules for the lowest rates for radio and TV, so you're not going to have the phenomenon where certain entities may be getting preferable rates that aren't available to the rest.
Actually, the act doesn't allow for it currently. The Chief Electoral Officer used his power under section 17 of the Canada Elections Act to adapt the act for the last general election.
Bill C-76 would make it an official rule that the counting of the vote for advance polling can begin one hour before the close of polling on polling day. Traditionally, when this power has been used, it has been when a large number of ballots were cast at the advance polls. I think that one of the rationales for this was that when the results of the votes are made public on election night, often the results for the advance polling stations come out very late because the vote was longer and the number of votes was much higher.
That being said, on page 104 of the bill, in lines 17 to 19 in English, the returning officer can only count the vote at an advance polling station if he “has obtained the Chief Electoral Officer's prior approval” for doing so.
This is an authorization by the Chief Electoral Officer, and the counting is done in accordance with the Chief Electoral Officer's instructions, so this gives flexibility to the Chief Electoral Officer to determine which advance polling stations should see the counting of the vote begin in advance of closing.
Under section 283 of the Canada Elections Act currently, the deputy returning officer shall establish the statement of the vote on the form that is prescribed by the chief electoral officer. Bill C-76 would remove the mention of the “deputy returning officer” and would change it to “election officer”, as we've discussed on a few occasions.
The statement of the vote needs to say how many ballots were received at the beginning of the day, how many unused ballots are remaining at the end of the day, and how many electors voted. Eventually, the results are reported on the statement of the vote.
As I mentioned yesterday, the Chief Electoral Officer still has a requirement under section 533, I think, of the Canada Elections Act, to report the results of the vote by polling division. This is one of the reasons that election officers will have to write the polling division number at the back of the ballot when each elector votes. Under his power to prescribe forms, the chief electoral officer will likely prescribe a form for the statement of the vote that will allow the votes for each ballot box for each polling division to be recorded. Then these numbers will be amalgamated also for the polling station.
In the end, remember that the chief electoral officer always has to report results by polling division, so results will always be available by polling division. Even if the ballots for a single polling division are deposited in, for example, 10 different ballot boxes at a polling station, these results will be combined at the end of the polling day to make sure that the results are available for each polling division.
Was that clear?
The Chair Liberal Larry Bagnell
Good afternoon. Welcome to the 125th meeting of the Standing Committee on Procedure and House Affairs.
Emmanuel Dubourg and Vance Badawey, welcome back.
Martin Shields, welcome to PROC.
In addition to the officials from the Privy Council, Jean-François Morin and Manon Paquet, we have Elections Canada officials with us on very short notice: Anne Lawson, who is the Deputy Chief Electoral Officer, Regulatory Affairs, who's been here many times during the discussions; and Trevor Knight, Senior Counsel, Legal Services.
Thank you both for being here on such short notice. It's amazing. You're always helpful here. I'm sure we'll have some technical questions for you.
In a moment, we will continue with clause-by-clause study on Bill C-76, an act to amend the Canada Elections Act and other acts and to make certain consequential amendments, but first we're going to deal with something regarding clause 331.
Mr. Nater.
Frank Baylis Liberal Pierrefonds—Dollard, QC
Thank you.
Ms. Krause, as my colleague pointed out, the latest Bill C-76 is looking to stop foreign money coming in. They were originally allowed to spend a small amount of money. We've since reduced it to zero.
You've touched on something which is an open door, if I understand it. A charity in a foreign country can give a charity in Canada the money. Then the charity in Canada can spend the money, without any constraints. Did I understand that correctly?
Ruby Sahota Liberal Brampton North, ON
I'll present in support of this amendment, since I proposed it.
This is basically to remove the redundancy and ambiguity, and to move the foreign entity stuff and lump it in together. The Commissioner of Canada Elections had indicated to PROC that, in his view, proposed paragraph 282.4(2)(b) is redundant, since a foreign entity could already be charged for breach of either proposed section 91 or proposed paragraph 282.4(2)(c).
Bill C-76 would move the content of section 331 of the Canada Elections Act, which prohibits foreign interference in Canadian elections, to a comprehensive provision, which is in proposed section 282.4, setting out exactly what constitutes undue influence by a foreigner. It just makes it neater, and you know where to find all of those provisions.
The Vice-Chair Liberal Nathaniel Erskine-Smith
Thanks very much.
Before I pass it to Mr. Kent, I just want to note, Ms. Krause, you'll be very pleased to know that in Bill C-76 the government will be banning advocacy groups from ever using money from foreign entities to conduct partisan campaigns. That should answer that concern you raised with us today.
Mr. Kent, you now have five minutes.
Yes, please.
As it currently stands, just for everybody's understanding, these are the divisions that are in the motion. Division 2 is for Canadian Forces electors. Division 3 is for electors residing outside Canada. Division 4 is for electors residing in Canada, and division 5 is for incarcerated electors. Currently, these results are disclosed by Elections Canada in groups. The results for division 4—electors residing in Canada—are disclosed under group 2, which at the last general election represented approximately 90% of the votes cast under the special voting rules.
As for divisions 2, 3 and 5, they are reported under group 1, which at the last election represented approximately 10% of the votes cast under the special voting rules. I would caution the committee against—again, for privacy reasons....
Of course, the provisions of Bill C-76 might have an effect on the number of votes cast under division 3; this number might increase. However, by grouping divisions 2 and 5 together—Canadian Forces electors and incarcerated electors.... Proportionally to the number of ballots cast, there is a very low number of electors voting under these divisions, and because they are released per electoral district, that's why I'm urging the committee to consider some privacy concerns. It could be easier to identify which elector in the division has voted for which specific party or candidate.
John Nater Conservative Perth—Wellington, ON
Thank you, Chair.
To get some clarity from the officials, do you have any indication of how many potential electors could be added to the voter rolls based on Bill C-76? How many Canadians currently living abroad could be added, based on this change?
I think I would say that this is only an oversight, because prior to Bill C-76 the election officers were required to reside in the electoral district, so of course if they were assigned to a polling station, it would be in the same electoral district. Now that we're allowing them to work in another electoral district—
Nathan Cullen NDP Skeena—Bulkley Valley, BC
It's not about scale for me; it's about principle. If we say the principle is okay here but not there, and if the question is logistics but not the principle of it, then I kind of wish we had done up a clause on Bill C-76—not a sunset clause but a revisit clause—to say, go this far, and then expand it once we have the digital polling books. That's the future scenario we're imagining—that we get to the digital polling books. Is that correct? If somebody walks in from the same electoral district but not that polling station, it's simply a matter of typing into the laptop to find and confirm that the person is who they say they are. Is that right?
The smallest geographical area in the electoral law is the polling division. Then, under Bill C-76, several polling divisions will be regrouped into one single polling station. Above that, geographically, we have the advance polling district, and above that there is the electoral district as a whole.
This motion, NDP-8, proposes to extend it to the largest electoral geographical unit, which is the electoral district.