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 / 11:10 a.m.


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NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Madam Speaker, I welcome this debate because the Liberals have finally got on with it and introduced a bill to fix the work done by the previous government, and here I use the term “work” loosely, because that work made it more difficult for a whole series of Canadians to vote.

As the parliamentary secretary was saying earlier, this bill, in their terms, is a “generational overhaul”. Even in the name of the bill itself, that it is a modernization act, conveys that. It gives Canadians the clear sense that we do not do this very often. We do not renew the election rules by which we all participate in our democracy, the ways in which the parties and third parties participate and the ways that voters experience the election, very often.

There was a longstanding principle in Canada, that we would never change those rules in this place unilaterally, that doing so was bad practice and bad faith for one party alone, the government, to force through changes to our rules unilaterally. Canadians would then be left with the very distinct impression that maybe the ruling party of the time was putting in rules that would help that party in the next election.

That is a fair assumption to make. People do not even have to be quite so cynical as some folks in the Prime Minister's Office are to make that assumption.

The practice in this place, for generations, was that when we changed election rules, we did it together collaboratively. The previous government, unfortunately, broke with that tradition over a fight about vouching. It felt there were problems with the vouching system. The New Democrats fundamentally disagreed and the evidence supported them, because there was no massive fraud taking place in our elections and those changes were more about disenfranchisement than ensuring proper enfranchisement of our voting rights.

How we got here with the current government is an important part of this conversation. The Liberals said that the bar was quite low, that their aim was to fix Stephen Harper's unfair elections act. It was not going to be hard to do; it just had to undo a bunch of the damage that the Conservatives had done in Bill C-23 in the last Parliament.

The government introduced the bill. It took a year, but okay, it was a new government. Then for two years, it did not move the bill. The bill just sat there on the Order Paper. I can remember getting up in this place to ask the democratic institutions minister, “Hey, where is your bill? What else are you working on?”

At the time, we had been going through the whole electoral reform process, some of my colleagues will remember well. The committee was called ERRE. It was a special committee. We had participation from all parties, including a representative of the Bloc and the Greens. We toured around the country. We visited every nook and cranny. I see that the Chair is smiling in fond recollection of all of those days we spent on the road together. It was an incredible privilege, not just because we got to hear from experts in Canada about our democracy and how it could perform better, about voting and how to count votes in different ways, but also heard about how much of Europe and most of the world, in fact, had changed over time.

Also, and more importantly, we got to hear from average, ordinary Canadians. We had an online survey. Some 33,000, I think, people participated. We went around and held town halls, and heard from witnesses from each of the provinces, but we also just had an open mic where people could come up for a few minutes and tell us what they thought was needed.

As a parliamentarian, this is the very lifeblood, the very motivation of why we should be here, to have that open access to Canadians. They poured their hearts out to us, talking about voting reforms they wanted to see. They overwhelmingly supported proportional voting systems. That was the evidence that we heard, both from the experts and from the public who came before us.

Then, unfortunately, at the 11th hour, in a most awkward and quite cynical move, the Liberals kind of pulled the plug and, for months, they would not talk about what they wanted to do, what kind of voting systems they were interested in. The Prime Minister had hinted at one out of Australia that he liked, a ranked ballot. However, very early on in the committee process, we heard from experts who said that ranked ballots would not work well in Canada, that it would be a first-past-the-post system but on steroids. It worked very well for a traditionally centrist party, a party that borrowed a bit from all sides at all times. Good gosh, who could that possibly help out? Right, it was the Liberals. That idea was shot down out of the gate.

Then the disinterest of the Liberals in moving anything forward became obvious, to the final point where the then-democratic reform minister got up in this place and slammed the committee itself for failing to do its job. She then became the former democratic institutions minister, because that did not go over well.

Moving forward, we then saw the government taking so much time that it actually blew past the Elections Canada deadline, which was last spring. Indeed, Elections Canada came before our committee and said that if we were going to make any changes to the way elections are run, it needed legislation passed by the House and the Senate last spring. The Liberals said, “right”, saw the deadline and introduced the bill the day after the deadline had passed.

The committee began to work, the Conservatives started a little filibuster, and that took all spring and into the fall, and then the government blinked and they worked out a deal together. It is so nice to see parliamentarians getting together and working things out. The Conservatives and Liberals worked out that there would be more pre-election spending money, thus putting more money into politics. The Liberals were okay with that. Now they are upset again at the Conservatives and so things are returning back to normal, I guess.

We were just outside the House of Commons talking about the debates commission, which this very same committee had studied as well for quite a while and made clear recommendations, which I have here. The second and most important one is on the leaders' debate, which is an important part of our democratic process. A lot of Canadians watch these debates in French and English and make up their minds as to whom they want to support. However, it got a little tricky in the last election, with leaders not showing up and kind of screwing up the process a bit. Therefore, a debates commission was promised three years ago. However, for months and months, the new Liberal minister of democratic reform told us not to worry, that they were not really consulting with us because they were just going to use the report by the procedure and House affairs committee, PROC. We said, okay, if they followed what PROC studied and recommended, then we should be fine.

The second recommendation states that the leaders debate commissioner must be selected unanimously by all parties in the House. That seems like a good idea. We do not want the person who sets the rules over that important debate to favour one party or another, or to be chosen only by one party and not anyone else, because Canadians would then ask if it were not a partisan appointment, which is not right. It should not be a partisan appointment, especially by just one party, because then we would just watch the democratic reform minister step out in front of the cameras and say that the government has appointed a commissioner, that the government has decided alone and set the terms for who can participate in the debate and that the commissioner it has appointed will set the topics and all of the rules to follow. The Liberals say unilaterally, “Trust us”.

On democratic issues, the government seems to have some kind of fundamental twitch that comes up again and again, in that when it comes to the decision between collaboration and working with others versus unilaterally having all the power in its hands, the governing Liberals choose the latter again and again. I do not know why. It is actually quite stupid strategically, because when they make recommendations that are only supported by themselves, they are open to proper accusations of bias, of trying to rig the rules. For heaven's sake, I just do not know why. It is not just for the sake of the spirit of collaboration that we try to work together to try to strengthen our democracy, but if that is not motivation enough, then doing so just for the sake of political strategy is sufficient reason. However, the Liberals do not understand that when they work with other parties and have them support their recommendation, there is just much less controversy out the other end and that Canadians will trust the results more. Yet, time and time again, the Liberals choose to go it alone and then it blows up in their face again and again, and then they want to blame someone.

Here we are with Bill C-76, which is pretty flawed. I mean, 338 recommendations and amendments, a whole bunch of them, came from the governing party itself. They wrote the bill and then had to correct the bill, and then just last night, we voted on more corrections to the corrections of the bill. It is not great that it took them three years to get here, and there were so many fundamental problems in it, and a bunch of things remain uncorrected. I will give one example, and I think it is a good one.

Canadians would worry about someone trying to cheat or steal votes in an election and spending money illegally. Well, how would Elections Canada be able to investigate that? It needs to compel testimony, which the bill includes. However, what the bill does not include, which Elections Canada wanted, is the power to require receipts, cheque stubs, from all of the political parties, as it does for us as candidates. As candidates, if we claim to spend money, we have to demonstrate how the money was spent. Political parties do not.

Well, that is strange. How can Elections Canada do an investigation and find out if something went wrong or if someone may be cheating if it cannot get the evidence? It would be like passing criminal laws in this place where we would strengthen the laws to protect Canadians, but deny the police the ability to gather evidence. We cannot bring a person to trial if we do not have evidence.

However, the Liberals actually had a provision in the bill to require receipts and invoices, but took it out. We tried to put it back in and the Liberals said no. The Chief Electoral Officer said that he needed that ability to catch the bad guys. If someone working in some party office started to cheat and spend money in a bad way, Elections Canada is not going to know, because it will not have the evidence. In order to have an investigation, we need evidence.

Let us talk about getting more women into Parliament. We all remember Daughters of the Vote. It is an excellent program. The government just decided to fund it a little more. Under that program, young women, particularly from each of the ridings across the country, come and occupy these seats, 338 of them. They sit in these seats. Last year they got to question the Prime Minister. They were good. They were tough and fair, but mostly tough.

When we look at our parliamentary situation and whether Parliament reflects what the country looks like, if we were to stand out on the front steps, the first thing one would notice is that there are not a lot of women. They represent 26% of members in this Parliament. In the last Parliament, they were 25%. It went up by one percentage point. At the current pace, we will have gender equity in Parliament in 83 years. The Daughters of the Vote said, “That is not a sufficient timeline, Mr. Feminist Prime Minister. When are you going to get on with this?”

One of the ways we can all get on with this is to encourage more women and more people of diverse backgrounds to run. That is a good way of doing things. However, like many things in life, we have to follow the money. Therefore, one of the changes we proposed was included in the bill by our former colleague Kennedy Stewart. The Liberals said they liked that bill, but then voted against it. How typical. What it proposed was that when we reimburse parties for spending, which the public very generously does, we should reimburse to 100% those parties that try to present candidates that reflect the country, those parties that have candidates close to parity. The parties that just want to present 100% pale, male and stale candidates would get less money back from the public. It is a form of encouragement to not just mouth the words but go out and try to recruit diversity so that we can have diverse views here. How radical is that? The Liberals voted against that. Instead, they said they were going to allow women to claim child care expenses for 30 days as part of their election spending. They could fundraise on that and get child care for 30 days, as if that were the barrier holding women back from running for office, those 30 days in the 35 days of the actual writ period.

Come on. For an allegedly feminist prime minister—and I say “allegedly” because I do not have a lot of evidence to show that he is—one would think that if he had a proposal in hand that would result in more women over time getting into office, that would be good, unless he is happy with 26%. That seems to be be the case, because he recently decided to protect all of his incumbents from nomination races. He just said, “They're all protected”, which is essentially saying that he would like to have the status quo. I know this because I think there is a Liberal riding association that does not want to have its current incumbent MP represent them again, and the Liberal Party recently told it to step in line or walk out the door. That is love of the grassroots if I ever saw it.

Privacy was a huge part of the conversation that we had with Canadians. New Democrats believe in people's right to have their personal data private. As we move deeper into the social media world, the Internet based economy, privacy and the protection of privacy become incredibly important in commerce but also in politics. Here is what the rules in Canada say right now with regard to how the parties manage huge databases of information about the Canadian voter. They say nothing. Canadian law says nothing. Therefore, if this is a modernization bill, a once in a generation attempt to make our elections free and fair and to protect our sacred democracy here in Canada, one would think that because it is 2018, we would have something in here about that data and protecting Canadians' rights.

Here is the threat that we have seen exposed. It is not an imagined threat. Has anyone heard of Cambridge Analytica? People from Cambridge Analytica approached a number of MPs in the last Parliament, me included, and said that we should hire them because they could help us harvest data from our social media sites, from Twitter and Facebook. They said they would find out their associated email addresses, something one cannot normally do. If someone likes us on Facebook, then they like us on Facebook. That is no big deal, However, we cannot find out their email address. They said they would get us those people's friends as well, that they would be able to micro-target folks who might be be associated with them and of interest to us.

For political parties, that is red meat. That is interesting. That opens up whole new worlds. What we can do now with social media is to hyper-target people. The old days of putting out political ads with a sort of scattered approach in appealing to voters are gone. Micro-targeting is where it is at.

The Liberals up until last year prided themselves on being able to micro-target. They said that is how they won the last election. In fact, they hired Cambridge Analytica. They gave a $100,000 government contract to do what? Has anyone seen the contract? No, because the Liberals will not put it out. They hired the guys who were caught up in a thing called Brexit.

Folks will remember Brexit. Britain certainly remembers Brexit because it is going through it right now. Voters in England were hyper-targeted. Databases had been harvested. Facebook likes and share groups had been manipulated and were only being sent a whole bunch of myths and disinformation about what Brexit meant. The British Parliament has been trying to unravel this thing ever since Brexit happened as to how that referendum vote happened.

I want people, particularly from Quebec, to imagine if in the last Quebec referendum we found out after the fact that the referendum had been tampered with by outside groups and agencies, that a foreign government had gone into the data profiles of Quebeckers and targeted them one by one and spread misinformation about the effects of their referendum vote, and we found out after the fact. What would the reaction of Quebeckers be in what was ultimately an incredibly close vote as to whether Quebec would seek to leave Canada? Would anyone cast aspersions on the results of the vote whether they won or lost, that whoever had lost would say that the vote was not done fairly? That is what is being said in England.

The U.S. justice department has said that the last U.S. election was tampered with and the current U.S. mid-terms are being tampered with right now through Russian and Chinese online hackers. The threat is real and the threat is now. When we look at this modernization bill and say what protections are we—

Elections Modernization ActGovernment Orders

October 30th, 2018 / 11:25 a.m.


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Gérard Deltell

It was 23 years ago.

Elections Modernization ActGovernment Orders

October 30th, 2018 / 11:25 a.m.


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NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

That is very interesting. The vote was on October 30, 23 years ago. That is fascinating. I wish I had known that before I started talking because that would have made the point even stronger. It was 23 years ago today.

Elections are happening right now in the U.S. The Democrat and Republican databases had been hacked in the last election. We saw the emails that were being spread about, in that case by Russian agents. The U.S. has warned Canada. In fact, our own secret service agency, the CSE, has warned Canada. The Minister of Democratic Institutions asked our spy agency to look at our democratic process and make recommendations. It reported last summer and said that on privacy, we do not have sufficient protections to protect our democracy. The report the minister commissioned from a Canadian agency said that things are not sufficiently strong.

The Liberal response was to reject every single recommendation that New Democrats put forward to make things better. The recommendations were based on the evidence we heard from the Chief Electoral Officer, from the Privacy Commissioner, from the BC Civil Liberties Association. In fact, there was not a single witness who came forward and said, “Please do not do anything.”

Here is what the Liberals offered up in Bill C-76. Every party must now have a statement on its website about privacy. It does not say what the statement is or whether the statement is enforceable or there are any consequences for breaking a promise to Canadians. Whoa, Canadians are quaking in their boots. What strong, tough Liberals they are. We are to put a statement on our website that is not enforceable, that is virtually meaningless. That is what Liberals think is protection of our democratic institutions. My goodness. Come on, they should be serious for once on this.

There was not a single witness at committee who said the status quo is acceptable. In fact, the Chief Electoral Officer of Canada said that if there is one area where the bill failed, it is privacy. The Privacy Commissioner said that this bill contains nothing of substance in regard to privacy. These are the experts. These are the watchdogs. These are the people who we trust. We should trust them.

Last night when we voted on these amendments to make things better, to encourage more women to participate, to allow for better protections of our privacy, to allow more enfranchisement, the Liberals rejected them again just as they did at committee. For the life of me I really do not know why. We are meant to work together in this place. We are meant to not have real fundamental disagreements about the rights of Canadians to cast a free and fair vote in our elections. I sure wish the Liberals would back up some of their rhetoric with action.

Elections Modernization ActGovernment Orders

October 30th, 2018 / 11:30 a.m.


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Liberal

Francis Scarpaleggia Liberal Lac-Saint-Louis, QC

Madam Speaker, I enjoyed listening to the member's speech, but I am not sure which conspiracy theory I want to deal with first.

In terms of the choice of the debates commissioner, I fail to see how David Johnston, a former governor general, is a partisan appointment. He is someone who has even moderated debates before.

On the timing of the bill, the member must know that even if a bill has not been passed, something he would know from the hearings at the electoral reform committee, Elections Canada begins preparing in advance of a bill passing. The commissioner even said that during the hearings on electoral reform.

Now I would like to shift to the official opposition's continual focus on electoral fraud. I would like the member's comment on a quote from the book One Person, No Vote, which of course is a play on the famous phrase. It is a book by Professor Carol Anderson, who writes, “The most common tool, though, [of voter suppression] are laws around identification: Crackdowns on what can be used as proof of address are often an indicator of suppression.”

I would like the member's comments on that quote.

Elections Modernization ActGovernment Orders

October 30th, 2018 / 11:30 a.m.


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NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Madam Speaker, particularly in the U.S., we have seen the most dastardly forms of trying to suppress certain votes. Sometimes it is done through identification and sometimes it is done through gerrymandering. There are all sorts of tactics that politicians there use, and I would say sometimes politicians here have used. Briefly, around vouching, it has certainly targeted folks who are homeless; younger people, who are more mobile and may not have those pieces of identification readily available; and particularly indigenous voters. Where I live, 40% or so of folks are indigenous, and there is less availability of ID for indigenous Canadians, particularly in rural Canada.

I would caution my friend though on the conspiracy theory comment, because I was very careful with the examples I brought forward. Unless he wants to say that the U.S. justice department is promoting conspiracy theories, or the European justice department is into conspiracy theories, or the Chief Electoral Officer of Canada or the Privacy Commissioner of Canada are into conspiracy theories, that language around this content is not deserving of the debate we are having.

Elections Canada had to make some of these modifications on the fly because the government was so late bringing the bill forward, but the Chief Electoral Officer said that this was not ideal. It is better to have a bill passed in its final form and then act upon it. Imagine if the police were to start enforcing things that were not yet passed into law. This is not good practice. He was forced to do it. Clearly, it was not the first choice.

Elections Modernization ActGovernment Orders

October 30th, 2018 / 11:35 a.m.


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Conservative

Gérard Deltell Conservative Louis-Saint-Laurent, QC

Madam Speaker, it is always very interesting, enjoyable and exciting to hear my NDP colleague speak. Although we do not generally agree, it can still be inspiring. Indeed, much like the NDP member from British Columbia, I had the privilege of sitting on the electoral reform committee led by the member for Lac-Saint-Louis.

Before I ask my question, I would like to remind the House that the 1995 referendum in Quebec took place exactly 23 years ago today. As everyone knows, that vote profoundly divided Quebeckers. Perhaps there are people here who voted yes back in the day, but have since changed their minds.

Just a few minutes ago, the Liberal government announced a unilateral decision to appoint someone to oversee televised debates. We do not dispute that individual's expertise in any way, shape or form, but would it not have been better to make that announcement following consultations with the federal political parties?

Elections Modernization ActGovernment Orders

October 30th, 2018 / 11:35 a.m.


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NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Madam Speaker, I thank my colleague for the question. I also have fond memories of that committee and I like to think that we did good work.

As far as the debate commissioner is concerned, we do not take issue with the person who was selected or his credentials. We take issue with the process. The government selected a name from a list and then asked if we were happy with that selection. It is ridiculous. Even if the candidate were Ghandi, it is not about his qualities or performance, it is about the process.

In fact, the minister promised me and others that she would respect the work of the committee, which recommended that all parties discuss the selection. At the very least there should have a been a shortlist of two, three or four candidates. Otherwise, the government has all the say on something as important as the leaders' debate.

This seems to be a pattern with this government. Their principles and morality fall short when it comes to our democracy. This pattern is a threat to everyone because this government is obsessed with power.

Elections Modernization ActGovernment Orders

October 30th, 2018 / 11:35 a.m.


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Winnipeg North Manitoba

Liberal

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

Madam Speaker, the member was in the chamber when I posed a question to the Conservative Party about wanting to kill this bill. An opposition party will often vote against legislation, but it does not necessarily mean that in all circumstances it will go out of its way to kill the legislation. The Conservative Party would like to filibuster the debate on this bill and kill this legislation so that it never becomes law. Surely to goodness, the member across the way, with the experience he has, understands that.

On the other hand, New Democrats say we should never use any tools at all in order to pass legislation such as this. Would the member not recognize that if we do not look at the tool box, with the Conservatives committed to never allowing this bill to pass, there is a certain element of hypocrisy or lack of transparency on the part of New Democrats to be arguing that they want the legislation to pass even though it might need some improvements and then say, at the same time, never to use any of the tools that would ensure the legislation does pass?

Elections Modernization ActGovernment Orders

October 30th, 2018 / 11:35 a.m.


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NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Madam Speaker, normally when it comes to hypocrisy, I would tend to defer to my colleague because he is a bit of an expert on that. I have a whole series of quotes from his lips in this place, saying that the tactic they are taking right now should never be done.

The question is: How did we get here? We got here because the Liberals took so darn long to bring forward the legislation in the first place. Then when they are up against the wire, they are surprised when there is a six-hour filibuster, and they cut a deal with the Conservatives to get it through, and then they apply time allocation. Those are all choices made by members of the government. No one put a gun to their heads telling them not to bring the bill in for three years. They just chose to do that, and one wonders why. I think they invoke the panic and the deadline. Then when they are past the deadline, they panic and rush it through without debate. They do it again and again. It might be hypocrisy, actually, just from a lack of incompetence. I will let everyone decide.

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October 30th, 2018 / 11:40 a.m.


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NDP

Daniel Blaikie NDP Elmwood—Transcona, MB

Madam Speaker, I will start by agreeing with my colleague that Liberal incompetence does breed a certain sense of urgency, but for the Liberals to use that as a tactic is quite wrong. There are a lot of things that need to get fixed and we are worried about them, but to purposely delay, then present something complex and insist that we need to run roughshod over the complexities because of their delay is not a tactic becoming of this place.

On the question of the new debates commissioner, one of the things I find interesting about the process, or lack thereof, is that the government appropriated $745,000 this year for a process to develop and implement a new debates commission. Presumably, the Liberals included the word “develop” because there was going to be some sort of substantive process that clearly required substantive funds.

I am wondering if the member can speculate as to how that money might have been spent given what appears to be a serious lack of process around appointing a new debates commissioner.

Elections Modernization ActGovernment Orders

October 30th, 2018 / 11:40 a.m.


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NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Madam Speaker, why three-quarters of a million dollars is being spent on the process to pick the commissioner, I have no idea. I would have paid for the coffee if the minister wanted to come and talk to us, because we do not know the criteria by which they picked the new debates commissioner. We do not know who else was on the list. We do not know what job description they negotiated with the new commissioner. He is a very nice guy. He is smart and has done a lot of work. However, the fact that the Liberals spent three-quarters of a million dollars to unilaterally pick the former governor general, who was kind of just down the road at the time they started this, also begs the question of the $5.5 million they have attributed to running debates, one English and one French, with podiums, glasses of water and a bit of a backdrop. The sum of $5.5 million seems to be what the Liberals think that should cost.

The process is messed up. They know it is messed up. The Liberals do this again and again. They delay for two years, three years and sit on their hands on something. Then in the panic and the crisis, they say they would like to work with parties, but they cannot because there is no time available. It is getting weak.

Elections Modernization ActGovernment Orders

October 30th, 2018 / 11:40 a.m.


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Liberal

Francis Scarpaleggia Liberal Lac-Saint-Louis, QC

Madam Speaker, I will be splitting my time with the member for Surrey—Newton.

I recall when the whole issue of amending the Elections Act first arose under the previous government. Ever since that time, the notion of amending the Elections Act seems to have revolved around the issue of voter fraud. All we heard about in the previous Parliament was how new rules needed to be brought into play in order to prevent voter fraud.

Then during debate on this bill, Bill C-76, what has mostly come from the official opposition is again a focus on voter fraud. I wonder if this kind of discourse does not breed an unfortunate misperception on the part of the public as to how our electoral system works. That has been the tack the official opposition has taken. Essentially, their discourse is focused on the issue of the voter identification card.

Ironically, voter fraud is not a problem. It is really a bogeyman.

The only recent incident of voter fraud that I am aware of is the robocall incident in which case a Conservative volunteer, Michael Sona, went to jail for his role in that. I remember campaigning on the last weekend in 2011 when my campaign manager called me in a bit of a panic saying that we were getting calls in our office from people who had gotten calls saying that the location of their voting station had changed. I do not know how many calls were made in my riding but some were obviously made and they were made across the country as well.

I would like to focus on an article in The Globe and Mail on the issue of voter fraud. It is an article by Denise Balkissoon, in reference to the U.S. experience, which is relevant because our systems are comparable in many ways. She stated that:

Meanwhile, the threat of voter fraud has always been manufactured. One study that focused on impersonation found 31 provable instances between 2000 and 2014, during which time more than one billion American votes were cast. This August, a Department of Justice investigation into the 2016 election process in North Carolina found that, out of almost 4.8 million ballots, 500 had been cast by ineligible voters. Most were people with criminal records, who didn’t know their records prevented them from voting....

Therefore, those people in North Carolina were not attempting voter fraud. They just thought that they had the right to vote, which I guess they did not in that circumstance.

Meanwhile, the focus on voter ID is really motivated by a desire to dissuade voting, to suppress voter participation. I read a quote before, which I will read again, from Professor Carol Anderson, who wrote a book, One Person, No Vote, a play on the well-known phrase. She states that, “The most common tool [of voter suppression] ... are laws around identification: Crackdowns on what can be used as proof of address are often indicators of suppression.”

By not allowing the voter identification card to be used as ID, the so-called Fair Elections Act made it just a little bit harder to vote, tilting the balance away from voting for some because we know that in some cases people get frustrated if they feel that somehow there is an impediment to going to vote or a minor inconvenience. Some people will decide not to vote in that election. We know that is some of the thinking that occurs sometimes. The Fair Elections Act's prohibition on the Chief Electoral Officer's ability to run programs to encourage voter participation is another example of this attempt in the previous amendment of the Elections Act to discourage voting. Bill C-76, I am glad to say, moves in the opposition direction, in the direction of increasing democratic participation, of expanding rather than reducing the franchise. I will give some examples.

Bill C-76 encourages voting in the following ways.

First of all, it allows the use of the voter identification card once again. It does not mean that individuals can just go to the polling station and show the card and get to vote. They have to prove who they are with identification. It usually requires a second piece of identification.

A second example of how we are proposing to expand the franchise to vote is by allowing employees of long-term care facilities to vouch for multiple residents, which makes sense. In a long-term care facility there are usually one or two people attending to a number of residents. They know who these people are. They know their families. They know quite a bit about them. It makes perfect sense to allow that person to vouch for multiple residents. It is a common-sense change.

The bill proposes to allow the Chief Electoral Officer to sponsor voter awareness campaigns. To think that somehow the Chief Electoral Officer is advocating for one party over another is one of the conspiracy theories that have been born around the issue of amending the Canada Elections Act.

The bill proposes to create a national register of future voters to get youth engaged in the electoral process early, long before they reach voting age. That makes a lot of sense. I just met an hour ago with students from St. Thomas High School in my riding. They must have been about 15 or 16 years of age. I told them about that aspect of the bill and they seemed quite excited, as did their teachers, around the possibility of registering ahead of time before they reach voting age.

Another example of how we propose to expand the franchise is by expanding the right to vote of one million Canadian expats abroad. It would no longer be required to reside outside Canada for less than five consecutive years nor would it be required that a person intends to return to Canada to resume residence in the future in order to vote.

Last but not least, the bill proposes to make voting quicker and easier by allowing voters to vote at any table in the voting station rather than wait at a specific table.

Expanding the current use of mobile polls during advance polls to better serve remote, isolated or low-density communities is just another example of how we want to make voting easier. We want people to vote. We want to expand their democratic franchise.

We would be making it easier for people with disabilities to vote, which of course is the right thing to do. For example, assistance at the polls is currently only permitted for persons with physical disabilities. Bill C-76 would make assistance available irrespective of disability, in other words, whether it is a physical or an intellectual disability. An elector would be able to be assisted by a person of his or her choosing. Currently that is not possible.

Many people with disabilities have a particular caretaker whom they know and trust. They would be allowed to have that person help them with voting as opposed to arriving at a voting station and being told the voting station will assign a person to help them out, which can be intimidating to some individuals.

Currently, a transfer certificate is only available for people with a physical disability when the polling station is not accessible. Bill C-76 would make it available irrespective of the nature of the disability and irrespective of whether the polling station is accessible. Further, the Commissioner of Elections Canada would have the flexibility to determine the application process for the certificate in a way that is less challenging for an elector seeking accommodation because of a disability.

The current process for persons with disabilities to vote at home would be extended irrespective of the nature or extent of the disability.

Finally, Bill C-76 proposes to establish a maximum reimbursement of $5,000 per candidate and $250,000 for political parties that take steps specifically to accommodate electors with disabilities and reduce barriers to their participation in the democratic process.

I am personally proud as a Canadian of the progressive values in Bill C-76, when it comes to implementing the rights of people with disabilities to participate in the electoral process.

Bill C-76 would strengthen the electoral system against fraud, including in the context of the new digital technologies that we are now seeing can disrupt election results based on the influence of false information and manipulation. In other words, the bill would empower the Commissioner of Elections Canada to seek judicial authorization to compel testimony in order to ensure timely and thorough investigations and it would authorize the commissioner to lay charges.

We are strengthening the bill to protect against voter fraud and we are expanding the franchise. I am very pleased and proud of that as a member of Parliament and as a Canadian.

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October 30th, 2018 / 11:50 a.m.


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NDP

Sheri Benson NDP Saskatoon West, SK

Madam Speaker, I had the opportunity to attend the electoral reform committee meeting in Regina and had the chance to get to know my hon. colleague across the way a little better. I want to make two comments with respect to two disappointments in this bill and ask for his comments.

Many of us would say that young people came out to vote, especially young New Democrat and Liberal voters, on the promise by the Prime Minister that 2015 would be the last election to use first past the post. I think that many of those voters, although they would be pleased to see some of the changes within this bill, would be very disappointed to see that the changes do not include that very explicit promise made by the current Prime Minister. I am wondering if my hon. colleague did not also expect more from this bill, given the fact we have waited three years for that change.

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October 30th, 2018 / 11:50 a.m.


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Liberal

Francis Scarpaleggia Liberal Lac-Saint-Louis, QC

Madam Speaker, likewise, I enjoyed chairing the committee with the hon. member present in Regina especially.

I will address the issue around electoral reform. I chaired the committee. I obviously was at all the hearings. I was part of the process from beginning to end. I entered the process with a very open mind with respect to what kind of system could possibly replace our current first-past-the-post system. What emerged over the course of that process was a realization that there was no consensus in this Parliament, in this House, as to what a best replacement system would be. Indeed, the Liberal Party favoured a preferential ballot. It is no secret that the Conservative Party did not want any change. We know that the New Democrats and the Green Party preferred proportional representation. I remember the Chief Electoral Officer saying that we could make a change without a referendum if the majority of the parties in the Commons agreed on a particular system. However, that was not the case. That I think is really the reason why we did not move ahead with this particular issue.

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October 30th, 2018 / 11:55 a.m.


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Conservative

Rachael Thomas Conservative Lethbridge, AB

Madam Speaker, as we put legislation in place, we know that the responsibility of parliamentarians is to protect our democratic system in Canada. It is a system that we hold very dear to our hearts. It helps us to function as the society we enjoy, as the country we enjoy and call home and invite others into to also call home with us. Protecting that democracy means that elections must be fair. They must be set up in such a way that one vote counts equally to another.

Under the changes put in place by the Liberals, there would be the ability for someone to come and present an identification card as a form of ID. In the last election in 2015, we know from Elections Canada that 16% of these cards were sent out in an incorrect way. They went to the wrong address, they went to the wrong person, they went to a non-citizen or an individual received multiple cards at one location. Therefore, being able to use those cards as an identification mechanism by which an individual is able to vote actually degrades our system, because it means that 16% of those votes are not valid. I would like to hear what the member opposite would say in response to that.