Elections Modernization Act

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

This bill is from the 42nd Parliament, 1st session, which ended in September 2019.

Sponsor

Karina Gould  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

This enactment amends the Canada Elections Act to establish spending limits for third parties and political parties during a defined period before the election period of a general election held on a day fixed under that Act. It also establishes measures to increase transparency regarding the participation of third parties in the electoral process. Among other things that it does in this regard, the enactment
(a) adds reporting requirements for third parties engaging in partisan activities, partisan advertising, and election surveys to the reporting requirements for third parties engaging in election advertising;
(b) creates an obligation for third parties to open a separate bank account for expenses related to the matters referred to in paragraph (a); and
(c) creates an obligation for political parties and third parties to identify themselves in partisan advertising during the defined period before the election period.
The enactment also amends the Act to implement measures to reduce barriers to participation and increase accessibility. Among other things that it does in this regard, the enactment
(a) establishes a Register of Future Electors in which Canadian citizens 14 to 17 years of age may consent to be included;
(b) broadens the application of accommodation measures to all persons with a disability, irrespective of its nature;
(c) creates a financial incentive for registered parties and candidates to take steps to accommodate persons with a disability during an election period;
(d) amends some of the rules regarding the treatment of candidates’ expenses, including the rules related to childcare expenses, expenses related to the care of a person with a disability and litigation expenses;
(e) amends the rules regarding the treatment of nomination contestants’ and leadership contestants’ litigation expenses and personal expenses;
(f) allows Canadian Forces electors access to several methods of voting, while also adopting measures to ensure the integrity of the vote;
(g) removes limitations on public education and information activities conducted by the Chief Electoral Officer;
(h) removes two limitations on voting by non-resident electors: the requirement that they have been residing outside Canada for less than five consecutive years and the requirement that they intend to return to Canada to resume residence in the future; and
(i) extends voting hours on advance polling days.
The enactment also amends the Act to modernize voting services, facilitate enforcement and improve various aspects of the administration of elections and of political financing. Among other things that it does in this regard, the enactment
(a) removes the assignment of specific responsibilities set out in the Act to specific election officers by creating a generic category of election officer to whom all those responsibilities may be assigned;
(b) limits election periods to a maximum of 50 days;
(c) removes administrative barriers in order to facilitate the hiring of election officers;
(d) authorizes the Minister of Citizenship and Immigration to provide the Chief Electoral Officer with information about permanent residents and foreign nationals for the purpose of updating the Register of Electors;
(e) removes the prohibition on the Chief Electoral Officer authorizing the notice of confirmation of registration (commonly known as a “voter information card”) as identification;
(f) replaces, in the context of voter identification, the option of attestation for residence with an option of vouching for identity and residence;
(g) removes the requirement for electors’ signatures during advance polls, changes procedures for the closing of advance polls and allows for counting ballots from advance polls one hour before the regular polls close;
(h) replaces the right or obligation to take an oath with a right or obligation to make a solemn declaration, and streamlines the various declarations that electors may have the right or obligation to make under specific circumstances;
(i) relocates the Commissioner of Canada Elections to within the Office of the Chief Electoral Officer, and provides that the Commissioner is to be appointed by the Chief Electoral Officer, after consultation with the Director of Public Prosecutions, for a non-renewable term of 10 years;
(j) provides the Commissioner of Canada Elections with the authority to impose administrative monetary penalties for contraventions of provisions of Parts 16, 17 and 18 of the Act and certain other provisions of the Act;
(k) provides the Commissioner of Canada Elections with the authority to lay charges;
(l) provides the Commissioner of Canada Elections with the power to apply for a court order requiring testimony or a written return;
(m) clarifies offences relating to
(i) the publishing of false statements,
(ii) participation by non-Canadians in elections, including inducing electors to vote or refrain from voting, and
(iii) impersonation; and
(n) implements a number of measures to harmonize and streamline political financing monitoring and reporting.
The enactment also amends the Act to provide for certain requirements with regard to the protection of personal information for registered parties, eligible parties and political parties that are applying to become registered parties, including the obligation for the party to adopt a policy for the protection of personal information and to publish it on its Internet site.
The enactment also amends the Parliament of Canada Act to prevent the calling of a by-election when a vacancy in the House of Commons occurs within nine months before the day fixed for a general election under the Canada Elections Act.
It also amends the Public Service Employment Act to clarify that the maximum period of employment of casual workers in the Office of the Chief Electoral Officer — 165 working days in one calendar year — applies to those who are appointed by the Commissioner of Canada Elections.
Finally, the enactment contains transitional provisions, makes consequential amendments to other Acts and repeals the Special Voting Rules.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.

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

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

Votes

Dec. 13, 2018 Passed Motion respecting Senate amendments to Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments
Dec. 13, 2018 Failed Motion respecting Senate amendments to Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments (amendment)
Dec. 13, 2018 Passed Time allocation for Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments
Oct. 30, 2018 Passed 3rd reading and adoption of Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments
Oct. 30, 2018 Failed Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments (recommittal to a committee)
Oct. 29, 2018 Passed Concurrence at report stage of Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments
Oct. 29, 2018 Failed Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments (report stage amendment)
Oct. 29, 2018 Failed Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments (report stage amendment)
Oct. 29, 2018 Failed Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments (report stage amendment)
Oct. 29, 2018 Failed Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments (report stage amendment)
Oct. 29, 2018 Passed Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments (report stage amendment)
Oct. 29, 2018 Failed Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments (report stage amendment)
Oct. 29, 2018 Failed Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments (report stage amendment)
Oct. 29, 2018 Failed Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments (report stage amendment)
Oct. 29, 2018 Failed Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments (report stage amendment)
Oct. 29, 2018 Failed Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments (report stage amendment)
Oct. 29, 2018 Failed Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments (report stage amendment)
Oct. 29, 2018 Failed Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments (report stage amendment)
Oct. 25, 2018 Passed Time allocation for Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments
May 23, 2018 Passed 2nd reading of Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments
May 23, 2018 Failed 2nd reading of Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments (reasoned amendment)
May 23, 2018 Passed Time allocation for Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments

News Media IndustryOral Questions

May 28th, 2019 / 2:35 p.m.


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Burlington Ontario

Liberal

Karina Gould LiberalMinister of Democratic Institutions

Mr. Speaker, let us look at the facts. What our government did is bring in Bill C-76, which actually strengthens the rules around advertising and activities for third parties in the lead-up to the election. We brought in a pre-writ spending period, which will begin on June 30. This is the first time in Canadian history that this is being done to make sure that there is a fair and level playing field when it comes to our elections.

2019 General ElectionRoutine Proceedings

May 27th, 2019 / 3:40 p.m.


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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, I have just recently relocated so this is the first view I have had from this corner in eight years. I have always been in another corner and my desk may have a different microphone. We have accommodated the new Green Party member for Nanaimo—Ladysmith and I have been moved to a space where I have a much better view of the Speaker and do not need my earpiece to hear discussions even with heckling all around me, as in question period.

I want to respond to the minister's comment. The minister's speech on the subject of digital platforms and how we protect ourselves during elections is a critical issue. I want to put on the record that as leader of the Green Party, I do not suspect for one minute that the current government is trying to rig the election. I was quite shocked by the comments of my friend from Calgary Midnapore. I want to put on the record that the idea that the leaders debates are being in any way rigged must be called out right here, right now.

In the 2015 election campaign, as leader of the Green Party and member of Parliament for Saanich—Gulf Islands, I was invited to participate in those debates by the media consortium. The Conservative leader, the prime minister at the time, Stephen Harper, said that he would not participate in the debates run by the media consortium. Joined by then the NDP, he managed to get the debates, which reached over 11 million Canadians in 2011 and had been the way in which leaders debates had been run since 1968, cancelled, depriving Canadians of the opportunity to hear leaders of the various parties state their positions and appear on the same stage in the same format.

To now have a member representative of the Conservative Party attacking an attempt to create a non-partisan panel of experts, headed by our former governor general David Johnston, saying that this is an attempt to interfere and rig an election, I am sorry. I have been in too many election campaigns as leader of the Green Party. Every time, the person and the party trying to keep the Green Party off the stage was Stephen Harper and the Conservative Party of Canada. I will not stand by and pretend that it is not important for democracy that we have leaders debates and that they be televised.

I would really like to know whether the current leader of the official opposition is prepared to give his word that he will show up. The connivance and the backroom trickery around leaders debates has to come to an end. I have said this before that it would have been better if the Minister of Democratic Institutions had brought forward as a part of Bill C-76 a panel to run leaders debates.

However, I really find it offensive. I reject the notion about a panel where the debate commissioner is known to us. It is our former governor general David Johnston. That process is, by my appreciation at this moment having watched it unfold, a fair process despite missteps in not having it grounded in full consultation with all parties. It is a fair process and I want to step up and make it very clear that what the member for Calgary Midnapore said is not how I observed the process. It is an attempt at fairness after many elections that have been unfair, given connivance and backroom operations to shut down debates.

In this case, I do not see what the minister is offering as further evidence of Liberal connivance to rig the election. However, I do entirely agree with the hon. member for Elmwood—Transcona that this is not enough.

This does appear to be a request of Facebook, Microsoft and Twitter to do better. It is a request of those platforms to live up to our standards. I know those operations are trying to clean up their act. I have heard apologies in various media from the U.S. Congress where they have appeared. I have heard Mr. Zuckerberg say that he is sorry that Facebook information was misused. We are in a very serious crisis for democracy if the best we can do is hope for better from multinational digital operations that will see the Canadian election as small potatoes.

Digital platforms missed the boat. They did not pull down fake platforms, fake identities and fake users, as they should have. I recently saw that although they admitted that a video of Nancy Pelosi that has been placed on Facebook was altered to make her appear disreputable, they were not prepared to pull it down.

I do not want to go into the 2019 election trusting in the good intentions of Facebook, Microsoft and Twitter. We are going to need to actually regulate. We are going to need to make sure that they pay fair taxes. There are many things we are going to need to do.

I appreciate the spirit in which the minister has brought forward this new declaration on digital platforms, sharing of information and keeping Canadians informed and up to date. However, much more is going to be required. I do not think we will get very far with kind entreaties. We are going to need to say that election campaign ads and the placement of profiles online will start requiring cleaning up the space, from abuse, misogyny and racism and giving oxygen to white supremacists.

We have to stop allowing any of the digital platforms to provide publication rights on their platforms to people who are not transparent about their names and addresses, and they must be verifiable. We must ensure that we apply the same kind of publication identity to digital platforms that our print media have from time immemorial. We do not allow someone to write to The Globe and Mail and publish something using someone else's name and identity. The newspaper requires people to give their names, addresses and daytime phone numbers. The same thing should be required for Facebook, Microsoft, Twitter and any of the accounts out there that have the potential to steal an election.

By the way, as a small addendum, for anyone who does not understand the power of these entities to steal an election, I recommend the film Brexit. It was made as a dramatic film, not as a documentary. It is very close to being produced in real time. If members are is not aware of how dangerously these instruments can be used in a democracy to mislead and lie to people, they specifically target people who are prepared to believe a certain argument. They find out who they are. They run fake contests to collect people's information. That is why our dear friends in the Parliament of Westminster are in an ongoing hell on earth. It is because of the very actors we are talking about today.

2019 General ElectionRoutine Proceedings

May 27th, 2019 / 3:20 p.m.


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Conservative

Stephanie Kusie Conservative Calgary Midnapore, AB

Mr. Speaker, the Liberal government has dismissed the importance of our democratic institutions over the last four years as it goes about its policy agenda.

Our democracy and our democratic institutions are the foundation of our system of governance and one of the primary reasons for our country's prosperity and success. Canadians deserve and expect a healthy democracy, which includes a competitive multi-party system, secure and regular elections as well as significant public access and transparency.

The Liberal government has failed to uphold these principles. Through Bill C-76, which received royal assent in December, it introduced a pre-election period whereby political parties are subject to numerous restrictions, including spending limits. However, during the pre-election period, the government is not subject to the same restrictions on activities. The government is still allowed to conduct numerous activities, such as town halls that are paid for by taxpayers instead of the Liberal Party. This will put opposition parties at a severe disadvantage.

The Liberal government knows that the Conservatives are its biggest threat leading up to the election, and that we have consistently out-fundraised the Liberal Party over the last several years. Liberals are using these spending cap provisions in Bill C-76 as a part of their attempt to rig the next election in their favour.

Foreign interference in our elections is a serious global threat. The Communications Security Establishment reported that there was foreign interference in the 2015 election, and it is expected that there will be more in this year's election. Every vote cast by a Canadian citizen matters, and the Liberal government should be working harder to keep foreign entities from undermining our democratic institutions. Unfortunately, the government is not taking the necessary steps to eliminate the possibility of foreign influence in future elections.

Omnibus Bill C-76 encompassed a vast number of reforms, but one of the key objectives of this bill was to implement policies that would prevent foreign interference in our elections through third party financing regulations. 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. However, the government has left extensive loopholes, which would allow for foreign interference in our elections to still occur.

At the Standing Committee on Procedure and House Affairs, our party put forward numerous amendments at the committee stage of this bill to fix this. Regrettably, the Liberals used their majority to vote these amendments down. If the Liberal government were serious about preventing foreign influence or interference, it would have considered and passed these amendments. Instead, it is continuing to allow Liberal-friendly foreign special interests to interfere in our elections.

On October 31, 2018, the Liberal government announced the creation of a debates commission, which is to be implemented for the 2019 election. It has essentially created a new and unaccountable office to oversee elections and interpret vague and poorly worded regulations. By unilaterally imposing new rules around televised leaders' debates, the Prime Minister is once again attempting to rig the election in his favour.

There is absolutely no reason or precedent for the executive branch of government to impose election regulations without even a debate in the House of Commons. It is an affront to our democracy.

A debates commission, as long as it is under the prerogative of the government, will have difficulty remaining entirely independent from the government of the day. Elections must be decided by Canadians in a transparent electoral system that is fair for all parties. This is not what is happening under the Liberal government. It unilaterally chose the commissioner for the debates' commission when it was recommended that it be chosen through consensus of the House of Commons.

The criteria to participate in the leaders' debates was also determined by the Liberal government, when it was recommended to be determined by an independent advisory board. How debates are formatted has a tremendous impact on elections and on how Canadians view their potential leaders. It has been made evident that the leaders' debates are best left in the hands of parties, candidates, the press and Canadian voters to negotiate, not the government.

The federal government has named the eight Canadian organizations that will sit on a special advisory panel tasked with determining the eligibility to receive part of the Liberal government's $600-million media support fund. A healthy democracy relies on an independent press, free of political influence. It should never be up to any government to determine which media outlets receive government support and which media outlets do not.

The Prime Minister is compromising both the independence of the media and the integrity of our electoral process with this election year bailout.

Including Unifor in the panel that will determine eligibility for a $595-million bailout package will also greatly undermine the credibility of this panel's work. In the 2015 general election, Unifor was a registered third party that conducted massive amounts of partisan advertising. It is an extremely partisan group and has campaigned extensively against the Conservative Party. In November, it even published tweets calling itself the “leader of the official opposition's worst nightmare”. This is just the latest example of the Liberal government trying to stack the deck in its favour to get re-elected in October.

Although the Liberal government is fighting hard against the opposition and abusing its powers, we will use every tool at our disposal to continue to hold the Prime Minister accountable when he fails to protect our democratic institutions. We will fight his desperate and pathetic attempts to rig the next election in his favour.

2019 General ElectionRoutine Proceedings

May 27th, 2019 / 3:10 p.m.


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Burlington Ontario

Liberal

Karina Gould LiberalMinister of Democratic Institutions

Mr. Speaker, it is my pleasure to rise in the House today to share an update with Canadians on our efforts to safeguard the 2019 federal election.

As everyone knows, Canada's 43rd general election will take place this October.

Elections are an opportunity for Canadians to be heard and for Canadians to express concerns and opinions through one of the most fundamental rights, the right to vote. However, this election will also experience an unprecedented amount of scrutiny.

In recent years, we have witnessed foreign actors looking to undermine democratic societies and institutions, electoral processes, sovereignty and security.

Their malicious, multi-faceted and ever-evolving tactics constitute a serious strategic threat. Tools that were once used to strengthen civic engagement are being used to undermine and disrupt democracy.

Such malicious activity strikes at the heart of trust. It threatens to erode faith in democratic institutions. We must be prepared for this. We cannot allow this trust to be broken.

I can assure the House that our government takes this issue very seriously. A growing awareness of global cyber-threats has, if anything, strengthened our resolve to preserve the things we treasure.

We have taken steps to understand the possible threats to our democratic institutions, where they come from and how they could affect our electoral process.

We have a comprehensive and solid plan to anticipate, recognize and respond to these threats.

This plan is based on four pillars: enhancing citizenship preparedness, improving organizational readiness, combatting foreign interference and expecting social media platforms to act.

The plan builds on the important legislative changes made in Bill C-76 regarding the online ad registry, banning platforms from knowingly accepting foreign funds for ads, strengthening enforcement provisions, and clarifying the language around false statements and impersonation of candidates, parties and electoral officials.

It is impossible to halt all attacks, but we must work together to mitigate the impact of interference in our democratic processes.

This includes governments, political parties, social media platforms and citizens.

Canada has one of the most-connected populations in the world. Almost three-quarters of Canadians use online platforms regularly like Facebook, YouTube, Instagram, Twitter and LinkedIn.

Online platforms have had a revolutionary impact on Canadians’ lives. They bring us together in ways unimaginable to previous generations. They make possible the sharing of ideas on an unprecedented level.

Yet, throughout the world's democracies, we see an online threat environment where malicious actors interfere with and try to influence the outcome of elections. These attacks are malicious. Sometimes they can be well masked and hard to detect. These threats can weaken our confidence in our democratic system and processes.

In January, as part of our plan of action to protect the election from foreign interference, we announced our expectation that digital platforms would step up their efforts to combat cyber threats and foreign attempts to manipulate their communities.

I am here today to update Canadians on our progress in securing voluntary action from major platforms. We have been engaging digital platforms in ongoing, good-faith discussions.

We have attempted to reach consensus on a common set of expectations to protect the integrity of the 2019 election.

We have had productive conversations, but these discussions have not come without challenges. Our guiding objective throughout these discussions has been simple. We want to see meaningful action to protect our democracy and our citizens.

The best way to do that is to be transparent, to be transparent about what we as a government are doing, but also insisting that platforms be more transparent with Canadians about where their information is coming from, who is behind the information they consume and with whom they are engaging online.

The better we understand the information we are consuming, the more empowered we are with how we use that information.

That is why today I am presenting Canada's declaration on electoral integrity online. It details basic responsibilities for digital platforms and the government.

To ensure the integrity of online content, we expect platforms to intensify efforts to combat disinformation and inform Canadians about efforts to safeguard the Internet ecosystem, to promote safeguards to address cybersecurity incidents, to protect against misrepresentation of candidates, political parties and key electoral officials and to ensure privacy protection.

For its part, the government will ensure that platforms have clear points of contact for election-related matters during the pre-election and election periods.

To promote greater online transparency, we expect platforms to help users to understand when and why they are seeing political advertising and to ensure that terms and conditions are easily accessible, communicated in a manner that is easy to understand and enforced in a fair, consistent and transparent manner.

For its part, the government will implement the critical election incident public protocol to ensure that public communications on potential incidents are clear and impartial.

To provide greater authenticity, we expect platforms to remove fake accounts and inauthentic content from their platforms, assist users to better understand the sources of information they are seeing and block and remove malicious bots.

In return, platforms and the government will work with civil society to support efforts aimed at improving critical thinking, digital literacy and cybersecurity practices and will facilitate the sharing of information within relevant legal mandates on emerging developments and practices that help to protect Canada's democracy.

We are encouraged that Microsoft and Facebook have agreed to support this declaration, and on behalf of Canadians, I urge other platforms to follow suit in the coming days.

I wish to stress that the wild west online era cannot continue. Inaction is not an option. Disinformation must not stand.

Our citizens demand and deserve no less.

In recent years we have seen foreign powers strive to manipulate online platforms to achieve their narrow disruptive goals.

We have seen false information presented as fact. We have seen divisions stoked. We have seen concerted efforts to undermine democracy and unravel social cohesion.

The government has a responsibility to protect Canadians from such foreign threats. We will continue our work with platforms over the next few months to measure progress against the expectations set out in this declaration. I commit to keeping Canadians informed of that progress.

This is a call to action for digital platforms, the latest call amid a growing international demand that platforms do more to protect their users.

I call upon digital platforms that are operating in Canada and that care about protecting our election to join Microsoft and Facebook and publicly commit to meeting these expectations.

Democracy is rooted in the trust people have in the process and in the legitimacy of the outcome. Canadians are knowledgeable and engaged.

Canadians can be reassured that as they prepare to exercise their right to vote, we are working hard to prepare for a free, fair and secure 2019 federal election so that we can continue to uphold the trust and confidence we all share in our democracy.

Democratic ReformOral Questions

May 10th, 2019 / 11:35 a.m.


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Parkdale—High Park Ontario

Liberal

Arif Virani LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada and to the Minister of Democratic Institutions

Madam Speaker, we categorically reject the premise of that entire question.

First, Bill C-76 was fundamental to ensuring the stability of the democracy in this country in response to the unfair elections act.

Second, when we are talking about elections and electoral fairness, we need to talk about online platforms, including social media companies.

Third, regarding notice to those companies, they have had adequate and ample notice.

Fourth, the resources of those companies are larger than those of most nations on this planet, for goodness' sake. To purport that they have not had the ability to address these issues is absolutely and categorically false.

Democratic ReformOral Questions

May 10th, 2019 / 11:35 a.m.


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Parkdale—High Park Ontario

Liberal

Arif Virani LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada and to the Minister of Democratic Institutions

Madam Speaker, in all fairness, we will take no lessons from the other side about making changes to the electoral system. The legacy of the unfair elections act has been long, and we heard about it extensively in 2015. We acted promptly to deal with it.

With respect to the social media platforms and the position they are taking today, we find that disappointing. We know these social media platforms have the resources and the ability to take action, and to take action now. We know that Bill C-76 was given first reading well over a year ago and its long endurance within this Parliament is largely due to the blockage of that legislation by the Conservative Party at PROC.

Canada Elections ActPrivate Members' Business

May 6th, 2019 / 11:55 a.m.


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Conservative

Blaine Calkins Conservative Red Deer—Lacombe, AB

Madam Speaker, first of all, I want to thank all my colleagues in this House for taking the opportunity to speak to this bill. I do not agree with all the information I have heard, but I appreciate the fact that we have had the debate.

I must take umbrage with some of the arguments that have been used against this piece of legislation. We have heard opposition MPs say that this bill is extrajudicial and would cause problems and that we cannot enforce this law outside our borders. That is simply not true. This is actually about registered third parties inside Canada and whether they accept money from overseas. That is a simple thing to do. There is no extrajudicial or extraterritorial component to this piece of legislation, because it deals with the Canada Elections Act and registered third parties in Canada.

As for the penalties, I have heard it suggested that there is no penalty section. There is a catch-all penalty provision in every piece of legislation. There does not need to be. It is just a red herring thrown in. There do not need to be any specific penalties laid out because the general catch-all provisions in the Canada Elections Act for penalties are already there.

Speakers talked about whether Bill C-76 addresses this problem. It clearly does not. Bill C-76 does not address this problem, because it actually continues to allow third parties to receive foreign funding from foreign entities, be they state actors, individuals, corporations or other third party organizations registered as charitable organizations elsewhere in the world. What it requires is that if that money is actually used for an election purpose, an investigation has to be conducted by the election officials. At that particular time, one cannot sort out the molecules of where the money actually came from, just as one cannot sort out the molecules of what oil patch the gasoline in one's car came from. One cannot sort that stuff out at that point.

Bill C-76 actually allows backdoor financing from state actors, corporations that are not registered or are not conducting business in Canada, individuals, foundations and organizations to influence Canadian elections, especially in election advertising in the pre-writ and writ periods. That is the period leading up to an election and the period of the election itself.

Why on earth would we have laws that say that only Canadian individuals are allowed to donate to political parties for the purpose of an election and then allow unions and corporate interests and other interests outside our country to fund third parties during an election in Canada to change the results, the results, by the way, that organizations like Leadnow proudly display in their campaigns?

Is Leadnow, as a Canadian organization, allowed to engage in the politics of Canada? Of course it is. All my bill is saying is that if it makes the choice to take that money from outside Canada's borders, it cannot use it anymore. It cannot be allowed to participate in the election game, because it is not fair. If it cannot convince Canadians to donate to its cause and take part in what it is trying to do, it should not be allowed to justify the ends by means of getting money from outside Canada's borders.

It is not just small groups of individuals at bake sales. Leadnow, Tides and others are using things like the Yellowstone to Yukon conservation initiative or things like the PNCIMA initiative to have massive amounts of foreign money coming into British Columbia and the eastern slopes of Alberta to block pipeline projects. It is disingenuous for the member for Skeena—Bulkley Valley to say that it is a couple of people and a bake sale trying to stop a pipeline. It is simply not true. It is maybe one story out of 100 about foreign money influencing that pipeline project.

This bill, Bill C-406, is a good piece of legislation. It basically says that if one is going to get involved in the election, one should know in advance that if one takes money from outside the country, one will not be allowed to play in the game anymore, because it is cheating. It is cheating because elections belong to Canadians. Only Canadians should be allowed, with their opinions, with their information and with their money, to decide the fate of our country.

One can only assume, then, why other political parties in here would not have the patriotic sense of duty to ensure that our elections are free, fair and only conducted in the realm of the Canadian intellectual space, the economic space and the debate space we have during these elections. One can only assume that if members vote against this legislation, it is because they are willing to use any means possible to justify whatever ends they want. That means that they are willing to sell Canada's soul down the road for a little bit of money to pay for an election campaign.

Every time the rules are circumvented, trust and confidence are eroded. If we are going to have trust and confidence in our electoral process, we should send a signal loud and clear to the Canadian people that we are not putting up with it anymore by voting in favour of Bill C-406.

Canada Elections ActPrivate Members' Business

May 6th, 2019 / 11:40 a.m.


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Conservative

Pat Kelly Conservative Calgary Rocky Ridge, AB

Madam Speaker, it is my pleasure to rise in support of this bill from my colleague, the member for Red Deer—Lacombe. We are getting toward the end of the second hour on this bill. I want to take a few moments and just engage and maybe deal with some of the strange things that have been said and that have come up in this debate, even so far this morning.

First, I always find it a bit ironic or strange when members of this House rise on a bill and say, “Well, we sort of agree” or “We certainly think the goal of the bill is good or at least has some merit”, but then they go on to talk about a whole series of things that are not related to the subject matter of the bill, complaining that the bill does not address these other things.

Let us be clear about the purpose of this bill. This bill's purpose is to get foreign money out of politics in Canada. That is what this bill was tabled to do. That is the question that we are going to be voting on in this House.

We may talk about a variety of other things. We might want to have a debate on another day about the relative power of Canadian businesses. That is a separate topic. It is not a reason to vote against a bill, if members believe that the bill addresses an actual problem in our country.

For a member to rise and say, “I agree with the member for Red Deer—Lacombe that we should not have foreign money in politics, but I am going to vote against his bill because it does not address Canadian funding by lobbyists for a particular policy position”, that is not a good reason to vote against this bill.

I would encourage all members of this House to support this bill for what it does and not hold against the bill other things that members would like to see another bill address.

I want to go back to some of the truly ridiculous things that the member for St. Catharines said, and there is no way to say it any more politely than that, to somehow suggest that the Conservative Party is in cahoots with the Koch brothers or the NRA. These are absurd conspiracy theory proposals from the other side.

What is not a conspiracy theory is that there are foreign entities that attempt to influence the outcome of Canadian elections. This is not a conspiracy. These organizations brag about their success on their own websites. That there are these groups out there, like the Tides Foundation, trying to influence the outcome of the Canadian election cannot be characterized as some Conservative conspiracy theory. Of course they are trying to influence the outcome of the Canadian election. That is exactly what they say they are doing, and they take credit for their success in doing so, on their own websites. I understand this has changed a little now, thanks to the work of Vivian Crouse, who has sort of untangled the money train on these matters. They talked about the Harper project and actually bragged about how they targeted specific ridings and sent money into Canadian third parties, like Leadnow, among others, which then sent canvassers into the ridings.

My friend, the member for Skeena—Bulkley Valley, talked about advertising not being everything, and indeed he is correct. The ground game is very important, too. These groups supplied ground game to candidates who they thought would be most likely to defeat the previous government's candidate in that riding. They were successful. They have boasted of their success on their own websites to generate further support from foreigners to support their initiatives in Canada.

How can this be a conspiracy? These people are shouting from the rooftops that this is what their agenda and goals are: to landlock Alberta's oil and gas and prevent Conservatives from winning elections in Canada.

This bill is very simple. It would prevent third parties in Canada from participating in advertising if they accept foreign money. It is plain and simple. It would go beyond and actually fix a problem that Liberals have paid lip service to in debate but that their bill, Bill C-76, would not solve.

Under Bill C-76, there is no ability for Elections Canada to audit and ensure the segregation of funds in order to ensure a third party that participates in advertising and accepts foreign money does not use the money from the foreign source for that purpose. At best, Bill C-76 is lip service to the problem, which the Liberals acknowledge in their speeches but not with their votes in the chamber to support the bill from the member for Red Deer—Lacombe.

Again, it is disingenuous to say that one is concerned about the problem of foreign third party funding of election activity in Canada and then to not support this member's bill.

To the more technical points, the member for St. Catharines noted the time and date when this bill was tabled and the issues around Bill C-76 and how it was amended at committee since then. That is not a reason to vote against the bill. Vote for this bill and get it to committee, and if there are some incongruities that have to be addressed to make it compatible with the correct changes necessary to Bill C-76, that is what committee work is for.

I am going to end it at that and perhaps allow other members to speak on this bill. I urge all members to vote for this bill, and let us get it to committee and get a proper regime in place to keep foreign funding out of elections.

Canada Elections ActPrivate Members' Business

May 6th, 2019 / 11:30 a.m.


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NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Madam Speaker, I begin this debate with a slight bias, because the author is a friend from Red Deer—Lacombe and my wife is from Red Deer, so initially I started off wanting to support the bill, because all good things come from Red Deer, generally speaking. This might unfortunately be the exception to that rule. I am unable to support the bill, for a couple of important reasons.

I hope my Conservative friends who worry about foreign interference can understand how foreign interference, in its full measure, impacts our democracy and how it fully involves itself in the hearts and minds of Canadians over such important issues. Big pharma is certainly involved, as are multinational oil companies, the banking sector and so forth.

Let us start with what this bill attempts to do, which is to minimize or eliminate the effects of foreign money on Canadian elections. It is a laudable goal, in part accomplished by the government's much-delayed and much-amended election bill, Bill C-76, yet there is a conspiracy the bill is trying to address, which is the following.

As the former prime minister of Canada, Stephen Harper, said, there are foreign-funded radicals. These foreign foundations, particularly in the United States, all have environmental agendas, “agendas” being a neutral word I suppose, to try to fight climate change. The conspiracy rolls out that these foreign foundations then seek to block oil pipelines to China in order to keep oil at a cheaper rate for American consumers. To follow that again, foundations that are established to fight climate change and bring about environmental initiatives are fighting for lower oil prices for American consumers.

There are two fundamental flaws in this conspiratorial logic, if we want to call it logic. The first is that Americans are net exporters of oil. The second is, why would somebody fighting climate change seek to have lower oil prices? Under this conspiracy theory, the same groups that advocate for a price on carbon and for less use of oil in our society are advocating for more and cheaper oil, going only to the United States and not to China. The conspiracy falls apart almost immediately, because those who are advocating, Ms. Krause and others, are also funded not by foreign foundations but by oil companies. They claim to be unbiased, neutral and just good Canadians, with their hearts on their sleeves, who are talking about what is important to them and their families while taking money from oil companies all along the way.

Let us look at what the bill attempts to do. I would argue that there is a flaw in the writing of the bill, in that it addresses only political advertising. Advertising is an important part of what happens in campaigns, but certainly we as elected people know that a campaign manifests itself in part through advertising on social media or newspapers and radio, but a large part of what happens in campaigning is door to door, community events and educational material. All of that is curiously excluded from this bill, and I do not fully understand why it would be absent.

The most dramatic flaw is that the bill only seeks to go after foreign foundations but exempts all companies that “carry on business in Canada”. One would think that this must mean a Canadian business, wholly owned and operated within Canada, maybe with subsidiaries in other countries. However, that is not actually the definition of “business” under the act. A business is anybody who carries on a business in Canada. That can be a single worker in a single office of a multinational pharmaceutical company, oil company, bank or whatever. That qualifies under this bill to be exempted. That business, which is carrying on business in Canada, is able to donate to advertising and education campaigns. One might ask why they are going after the charities.

If we recall the previous government, I must take umbrage with what the last colleague from the Conservatives said. I believe he was criticizing environmental groups for not being critical enough of foreign governments, such as Saudi Arabia, Iran and whatnot. This is coming from the same government that sold Saudi Arabia tanks, light armoured vehicles that were weaponized and used to suppress democratic rights in Yemen. Therefore, it is a bit much for the Conservatives to say the environmental groups are not doing enough to criticize Saudi Arabia, when this is coming from the same Conservatives who sold it tanks. Sure, criticism is warranted and necessary, but enabling the Saudis to kill people seems to me a higher order of severity and certainly shows itself to be hypocrisy, coming from members of the opposition who were then government.

Here is a fundamental problem that I have, and we have seen this on the ground in northern B.C., which I represent. We have had many debates over pipelines. At one point, we had 23 LNG pipelines proposed across my region. We had one significant diluted bitumen pipeline proposed to go from Alberta all the way through two coastlines and 1,100 streams and rivers into Kitimat, down the Douglas Channel, allegedly, and then off to China, supposedly. Therefore, we have had our fair share of debate. We have had our share of environmental conversations, the jobs-versus-economy/jobs-and-economy debate. We have seen it on the ground.

The example I will use is the one closest to us, which was this entire debate around Enbridge northern gateway. This is a debate that occurred in my region of the world for about a dozen years, at least. It started to heat up and had a focal point in the long campaign over a plebiscite, a vote that was being conducted in the district of Kitimat, in the city of Kitimat itself, where the terminus was meant to be located. This was the first time in Canadian history that I am aware of when a community held a referendum or a vote on a major industrial project: Do we want this oil pipeline, and the terminus and tankers associated with it, to go ahead, yes or no?

For those who have not been to Kitimat, British Columbia, this is a town where the district side was built entirely for industrial purposes. It was initiated some 60 years ago as a planned community by Alcan, now Rio Tinto. It was a planned community to support a smelter. The Province of British Columbia essentially gave the company a river to dam and then use as very cheap power to smelt aluminum and create an entire industrial complex. Therefore, if there is any town in British Columbia, if not in Canada, that is pro-industry, one would say it is Kitimat. It has had many large industrial-type projects and it is quite proud of them.

This was the vote being held. On one side was a small group of local volunteers called the Douglas Channel Watch. These would be, in the conspiracy world of some of my colleagues, the foreign-funded folks. The grand total the group spent on the referendum was $875.

On the other side was Enbridge northern gateway, a subsidiary of Enbridge but the same company. It had raised, follow the numbers, $100 million to support and lobby for its pipeline, from 10 different upstream and downstream oil companies, many of them Chinese. That is $100 million to promote one pipeline. It was not to build it. It was not for construction costs, engineering, science or anthropological work, but just for promotion. Leading up to the referendum, the company was flying in employees from all over the place. They took out advertisements in every single newspaper along our highway, all the way through to Alberta, talking about how important this vote was, even though the vote was taking place only in one town. There were full-page ads, colour ads, radio advertisements, and on and on it went.

Therefore, if anyone is talking about an unfair conversation about a Canadian democratic choice, this was it. There were millions of dollars being spent on one side from foreign sources, which would remain legal under this bill that the Conservatives have proposed. On the other side, there was a locally funded charity that was having bake sales in order to have flyers so the organizers could go door to door and talk to people about the vote that was coming.

Despite all of that, the referendum passed against this pipeline, the terminus and the tankers, because the people in Kitimat said that where they live, a diluted bitumen pipeline and the supertankers associated with it, sailing down the Douglas Channel performing three 90-degree turns through some of the worst and most dangerous water in North America out to China, is not a good proposal for them, and that the risk versus benefit was not worth it. Therefore, they took the vote despite the lopsided campaign that had been initiated.

If the Conservatives actually want to get at the heart of this, and we think it is laudable to try to distance ourselves, remove ourselves, innoculate ourselves from foreign influence when we are having a democratic election, referendum or general election of any kind, we agree. However, it has to be equal to both sides. We cannot simply go after environmental groups because Conservatives just do not like them, meanwhile turning a blind eye to the corporate sector, which has vastly larger sums of money available and has deep interests that go beyond a single election and a single referendum into many decades.

We would encourage our Conservative colleagues to come to the fulsome debate and level the playing field in our debates. Let us shut off all foreign influence, absolutely, but let us do it on behalf of all Canadians, not just on behalf of those we happen to like.

Last thing, the Conservatives I know in Alberta, and Albertans in general, are not victims. They are good, hard-working people. This bill points to them as somehow being victims of some foreign influence.

Canada Elections ActPrivate Members' Business

May 6th, 2019 / 11:20 a.m.


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Conservative

Ziad Aboultaif Conservative Edmonton Manning, AB

Madam Speaker, in light of the words of the member for St. Catharines, always when we open fire on others, we have to understand that if people have a house made of glass, they do not throw stones. This is what happened with the government side. The Tides Foundation's fingerprints are everywhere in the last election and that situation continues now. This is not a time to start pointing fingers at one another.

Bill C-406 is a great example addressing the need to strengthen our system and our democracy in order to be able to protect our system from any manipulation and any interference from the other side. I was hoping that the member for St. Catharines from the government side would have taken this opportunity to appreciate the notion of the bill and what it intends to do as it is coming from the official opposition, our Conservative Party.

I am very pleased to to rise today and speak to the legislation of my colleague, the member for Red Deer—Lacombe. Bill C-406, an act to amend the Canada Elections Act with regard to foreign contributions, which, if passed, would prohibit foreign entities from contributing funds to Canadian third party groups for election advertising.

This legislation is not only vitally important but is also very timely. With the next election just around the corner, this legislation is a way that we can take a tangible step to safeguard our democracy from foreign actors looking to insert themselves into our democratic process for malicious and self-serving reasons.

The world has been changing rapidly, and we now know without a shadow of a doubt that there those who are trying to undermine the political systems of democracies across the world. There are people and organizations out there that want to attack our political system and the freedom that it represents. With all the technologies that have been developed over the past decade, their access has been greater.

The time when only complex state actors can interfere is over. Small organizations can have a significant impact. The Minister of Foreign Affairs and the Minister of Democratic Institutions have made it clear that they are expecting foreign actors to try to interfere.

As Canadians, we have a duty to combat this, but I believe that the onus on us as parliamentarians is even greater, and I look forward to voting in favour of this legislation and encourage my colleagues on all sides of the House to support it. This is a call to the government to stop playing politics with useful bills and start supporting those bills that are going to enhance our democracy and our democratic systems.

We all know why this legislation is important. Canadian elections should be decided by Canadians. It is fundamental to our political system. Bill C-406 would change the Canada Elections Act to prohibit foreign entities from donating to third parties for the purpose of advertising.

In terms of who it prevents from contributing, it uses the criteria already previously established in the act. If those contributions are made to a third party for political advertising, the official representative of that third party will have an obligation to return contributions, unused, to the contributor. If that is not possible, the same amount of the contribution or the equivalent value of it, if it is not monetary, must be paid to the Receiver General. All these things must be done within 30 days of determining that the contribution was ineligible.

This is very reasonable and will prevent a repeat of what occurred in the last election, when money was funnelled in from outside the country, largely the United States, to swing ridings in an attempt to affect our election outcome and put in place a government that these groups felt would better advance their interests.

Regardless of which party was the beneficiary of such underhanded efforts in the past, all members of the House have a responsibility to ensure that they do not occur again.

As an Albertan, I must admit that I am particularly outraged by this sort of tactic, as our province has been harmed by these types of tactics in the past. We know that corporate actors in the United States have been have long been funding anti-resource development groups in Canada to try to prevent responsible resource extraction in Canada. While I believe that many of the people here in Canada benefiting from this arrangement are generally engaged and concerned Canadians whose opinions are valid and important in increasing the quality of the national dialogue on these important issues, the fact is that millions are being pumped in by our international competitors to derail our industry and increase the profits of foreign corporations, which has been an issue for years.

We often hear people question why certain activists target the Canadian oil sands but remain silent on the industry in places like Saudi Arabia, Iran or Venezuela, where there are concerns about not only the environmental impact but also about labour rights and the complete lack of commitment to fundamental human rights more broadly. I believe that this is one of the main reasons, because behind the scenes, backers do not necessarily have much common ground with the groups they are funding. They are merely using them as a means to an end to advance their business interests, and they are far more concerned about preventing us from getting fair value for our resources than in addressing the issues of climate change or the denial of human rights by the world's worst offenders.

What they have been doing to attack the resource industry is not unlike what they are doing to our elections. Foreign funds have already had an impact on the last election. Some organizations have bragged about flipping dozens of swing ridings in 2015, despite the fact that they received funding from abroad for their activities. It has been well documented, and we have a duty to combat it. Therefore, I believe Bill C-406 is an excellent next step.

The first steps have been taken by the government in Bill C-76, and there are some who have suggested that Bill C-76 makes this bill redundant, such as the member for St. Catharines, who suggests we reject it completely. However, while Bill C-76 prevents the use of foreign funds for advertising, Bill C-406 would prevent a third party from accepting the funds in the first place. This is an important distinction between the two bills.

When we have potentially malicious organizations trying to undermine our electoral systems, the standard should be strengthened. Canada has weak prohibitions on foreign interference, and it is time to change this situation. Changing the standard to not allow organizations to accept funds in the first place will help prevent any uncertainty about compliance for domestic third parties here in Canada and for foreign entities elsewhere.

Protecting against this sort of uncertainty and confusion is important not just because of the value that we place on our democratic institutions and the integrity of our elections, but also from a national unity standpoint. We do not have to make the same mistakes as our allies and other established democracies in order to learn from them. Our friends and neighbours to the south continue to have an extremely important conversation and continue to investigate various levels of interference in their recent elections.

As many members in the House well know, the interference ranges from alleged direct Russian interference with the president's campaign to social media troll farms and shell organizations creating competing events in close proximity to each other with the hope of sparking conflict. We must learn from these serious matters and implement safeguards in our system in order to help prevent divisive problems of that magnitude in our society and the erosion of confidence in our institutions that would come from them.

We have a prime example of how harmful these types of incidents can be to our national unity and respectful public discourse. I think we can all agree that it is better for us to work to prevent them in the first place than to try to sort it out afterwards.

Canada Elections ActPrivate Members' Business

May 6th, 2019 / 11:10 a.m.


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Liberal

Chris Bittle Liberal St. Catharines, ON

Madam Speaker, I am pleased to rise today on the second reading of debate of Bill C-406. This bill was introduced by the member for Red Deer—Lacombe in June 2018, and seeks to amend the Canada Elections Act to prohibit foreign contributions to third parties for election advertising purposes.

This bill is no longer necessary, as our government has taken important steps in solving that issue that Bill C-406 seeks to address. For context, in June 2017, the Standing Committee on Legal and and Constitutional Affairs in the Senate issued a report entitled “Controlling Foreign Influence in Canadian Elections”, which expressed concern that the Canada Elections Act “does not sufficiently protect [Canadians] from improper foreign interference” and argued that the third party election advertising regime needed to be modernized to ensure transparency and fairness.

Additionally, the Communications Security Establishment has a new report entitled “2019 Update: Cyber Threats to Canada's Democratic Process”. It concluded that it is “very likely that Canadian voters will encounter...foreign cyber interference [ahead of and during] the 2019 general election”.

Bill C-406 is part of a broader conversation regarding the role of money in Canadian politics and the potential for foreign actors to influence Canadian elections. Our government takes this issue very seriously. We understand the importance of ensuring a level playing field in our elections and protecting Canadians from foreign interference.

We are taking a whole-of-government approach to protecting the integrity of Canada's democracy by implementing initiatives to defend the Canadian electoral process from hacking and malicious cyber-activities. That is why our government announced, on January 30, the Government of Canada's plan to safeguard Canada's 2019 election. This plan is built on four pillars: combatting foreign interference, strengthening organizational readiness, encouraging social media platforms to act and enhancing citizen preparedness. Furthermore, we have three world-leading front-line security agencies that constantly adapt to an evolving threat environment.

Canada has a robust political financing regime informed by decades of reform and regulation, but we recognize that we are not immune to these threats and have made it even stronger. Our government has taken further steps to protect our elections by passing Bill C-76, Elections Modernization Act, which received royal assent late last year. The act is a generational change to Canada's electoral legislation and draws on inspiration from the recommendations of the Chief Electoral Officer, the commissioner of Canada elections, studies by the Standing Committee on Procedure and House Affairs and the Standing Senate Committee on Legal and Constitutional Affairs, as well as stakeholder engagement.

As part of her mandate, the Minister of Democratic Institutions reviewed spending limits for both political parties and third parties. This review also examined third party financing and the potential impacts of foreign contributions and interference in Canada. As such, Bill C-76 already addresses many of the same issues that Bill C-406 is trying to solve, which makes the measures proposed by the member for Red Deer—Lacombe unnecessary.

With the passage of Bill C-76, foreign entities will no longer be able to spend any money to influence federal elections, and third parties are now prohibited from using foreign funds for their partisan activities and advertising, irrespective of when it is taking place. This is key. It means that even outside of the pre-writ and writ periods, no one is allowed to use foreign funds to support partisan activities and advertising.

Bill C-76 goes further, as all registered third parties are now required to have a Canadian bank account, and any organization, online or offline, that sells advertising space is now prohibited from knowingly running advertisements paid for by a foreign entity. The investigatory powers of the commissioner of Canada elections have also been enhanced so that he has more tools to do his job of ensuring the integrity of our elections.

This is a bit self-serving, as I am a member of the Standing Committee on Procedure and House Affairs, but I would like to thank the members of that committee for their study of the Chief Electoral Officer's recommendations and Bill C-76. Our electoral system, because of that work, is more secure, transparent and protected from undue foreign influence.

Furthermore, while the spirit of Bill C-406 is laudable, the mechanisms outlined in this legislation would largely be ineffective.

Instead, we took a more pragmatic approach. Bill C-76 would prohibit Canadian third parties from using foreign contributions. With Bill C-76, we developed a more comprehensive and workable regime to support our common interests, which is to ensure that Canadian elections are for and by Canadians.

In a previous session, we noted drafting errors in Bill C-406 that make the provisions difficult to enforce. Bill C-406 refers to subsection 363(1.1) of the Canada Elections Act, which is a provision that does not exist either in the act or in Bill C-76.

Bill C-406 would also create two new prohibitions on foreign contributions but neglects to enact corresponding offences, which would lead to significant enforcement difficulties. The two must go hand in hand, and they are absent in this legislation.

Additionally, Bill C-406 misplaces the new rules regarding third party election advertising, putting them in part 18 of the Canada Elections Act, the part that deals with financial administration of political entities, and not in part 17 of the act, which deals with third party election advertising.

Bill C-76 better addresses the problems Bill C-406 is trying to resolve.

I want to thank the member for Red Deer—Lacombe for his continued efforts in addressing the important discussion of foreign interference in our elections.

As a side note, I hope he takes these concerns to the office of the Leader of the Opposition, because we have heard troubling reports of secret meetings behind closed doors with big oil and reports of the Conservatives' ties to the United States and to the Koch brothers. We do not hear that in the speeches by the hon. members on the other side.

Now there is a lot of discussion. I think I have touched a nerve in expressing the concerns from Canadians that the Conservative Party is engaging with foreign actors. That should be worrisome to all Canadians.

I hope members on the other side will take the opportunity to speak to their leader's office and condemn those actions. There is laughter, and I do not know why, as this is a serious issue. I guess the hon. members enjoy their relationship with the Koch brothers.

Canada Elections ActPrivate Members' Business

May 6th, 2019 / 11:05 a.m.


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Conservative

Luc Berthold Conservative Mégantic—L'Érable, QC

Mr. Speaker, I would like to start with a little background. Bill C-406, which was introduced by my colleague from Red Deer—Lacombe, seeks to prohibit foreign companies, organizations and countries from participating in Canada's electoral debate. It complements Bill C-76, which has been studied by the House and by the other place.

I think everyone can agree that Canada's elections need to be decided by Canadians. Voting is important. It gives Canadians a means to express themselves and choose their leaders for the next few years as well as their vision for the country.

Sadly, over the past few years, we have seen a growing trend of foreign entities attempting to influence the electoral process in Canada. It happened in 2015, and it will happen again in 2019 unless something is done. That is why I salute my colleague from Red Deer—Lacombe for his foresight in introducing Bill C-406 to counteract that foreign influence.

Jean-Pierre Kingsley, Canada's chief electoral officer from 1990 to 2007, was very clear. He summed up nicely why we must not allow foreign organizations to influence our elections in Canada. He said:

We simply cannot allow any kind of money that is not Canadian to find its way into the Canadian electoral system.... A general election is a national event, it's not an international event and foreign interests have no place and for them to have found a back door like this, that is not acceptable to Canadians.

Former Canadian Security Intelligence Service director and national security adviser Richard Fadden confirmed that it was very likely that foreign countries had attempted to influence the 2015 general election.

Here are a few examples of what happened. The Tides Foundation, which is based in the United States, donated more than $1.5 million to numerous different third party organizations in Canada. Leadnow, one such third party organization that was one of the most active third parties in the last election, attributes more than 17% of its funding to foreign sources. That is unacceptable. How can we tolerate people doing indirectly what they are not allowed to do directly? That is exactly the kind of foreign influence that Bill C-406 seeks to prevent.

Recently, the Minister of Foreign Affairs commented to the media about the risk of foreign interference in the upcoming election:

We are very concerned. Our judgment is that interference is very likely and we think there have probably already been efforts by malign foreign actors to disrupt our democracy.

She noted that various foreign bodies have attempted to interfere, and we know of several examples. The Prime Minister himself said that, over the past number of years, we have seen an increase in the interference or the implication of foreign actors in democratic processes using divisive social media campaigns. He added the following:

The election that's coming up in six months will be decided by Canadians. We're going to work very hard with all the intelligence communities and our partners around the world to ensure that our democracies stay strong for all the different voices that express themselves within it.

The government has an opportunity to work not with security intelligence agencies but with the official opposition to make a decision about eliminating the possibility of foreign actors interfering in our system.

It is great to see what is happening on social media and to fight fake news, but Bill C-406 gives us an opportunity to take direct and immediate action before the next election and to make sure that money raised outside the election period will not be used during the upcoming election campaign. This is an urgent matter because we do not want the outcome of our country's election next October to be swayed by foreign interests.

At the request of one of our colleagues, the member for St. Albert—Edmonton, the Commissioner of Canada Elections did investigate the matter of foreign entities trying to influence our elections. My colleague noted that pursuant to subsection 359(4) of the act, there is no requirement for a registered third party to report to Elections Canada funds used for election advertising if those funds were received outside the period beginning six months before the issue of the writ and ending on election day.

This is a serious loophole that must be corrected, and that is why I am reaching out to the government, just as it reached out to security intelligence agencies, to ensure that we can all work together to prevent foreign entities from exerting any influence whatsoever on the upcoming October 21 election.

I urge the government to help move this bill through for further study at committee. Once again, I thank my colleague from Red Deer—Lacombe for his excellent work in identifying this loophole, on behalf of all Canadians who believe in our democracy.

Foreign Lobbyist Transparency ActPrivate Members' Business

April 5th, 2019 / 1:55 p.m.


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Conservative

Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON

Madam Speaker, it is a great honour, on behalf of the people of the riding of Renfrew—Nipissing—Pembroke, who work hard, play by the rules and pay their taxes, to conclude the debate on Bill C-278.

Bill C-278, which would amend the Lobbying Act, would require lobbyists to disclose whether they are funded by a foreign national, a non-resident corporation or a non-resident organization and whether they use, or expect to use, grassroots communication to seek to persuade organizations or members of the public to take measures to obstruct, delay or otherwise negatively affect any process that requires the Government of Canada to consult with the public before embarking on a specific course of action, in an attempt to place pressure on a public office holder to endorse a particular option.

It is ironic that on this day, Parliament is debating allegations of political interference by the Prime Minister in relation to the trial of Vice-Admiral Mark Norman. Bill C-278 seeks to strengthen our democratic institutions from foreign influence. The controversial figure in those corruption allegations is Scott Brison, whose resignation from the Liberal cabinet is the excuse used to somehow justify how this fake feminist Prime Minister mistreats principled female members of Parliament.

I mentioned the controversial ex-cabinet minister in the context of Bill C-76, which she sponsored in the House. Bill C-76 is a regressive piece of legislation that very controversially removes the Commissioner of Canada Elections from the independent office of public prosecution. The independence of that office has proven its worth in the SNC-Lavalin corruption scandal. What Bill C-76 also does is implement a section on foreign influence and the threat that influence poses for the democratic process in Canada. Most controversially, what government legislation Bill C-76 does not do is address the same threat between elections. Bill C-278 would fill that legislative oversight.

Bill C-278 would require transparency from foreign-funding sources. Canadians have a right to know who is trying to influence their opinions. Bill C-76 brings in a new provision that would prohibit the distribution of material intended to mislead the public as to its source. While Bill C-76 claims to be closing the loophole that has allowed foreign entities to spend money in Canadian elections, the government is allowing the biggest loophole to remain open by not identifying who these same foreign entities they will now prohibit are and what they are spending to influence Canadians between elections.

Andrew Coyne, of the National Post, wrote, which I think is worth repeating:

But let’s examine those much-hyped measures to “protect and defend” Canadian democracy. For example, we are told the bill will prohibit foreign entities “from spending any money to influence elections.” Wonderful, you say: how much were they allowed to spend until now? Er, $500.

But then, the real scandal, to borrow Michael Kinsley’s phrase, is not what is illegal—direct foreign spending on Canadian elections—but what’s legal: foreign money, by the millions, funneled through Canadian intermediaries, which pass it on to domestic advocacy groups to spend.

For the upcoming election, the government has stated that it is running on the carbon tax and man-made global warming. The government owes it to Canadians to provide information to Canadians about the environment in an unbiased way. That means free from foreign money.

In Canada's most recent reports to the United Nations Framework Convention on Climate Change, Environment and Climate Change Canada listed over 300 existing federal programs and other measures designed to reduce greenhouse gas emissions. The Natural Resources Canada website recently listed an additional 280 programs and measures implemented by provincial and territorial governments. That is a large sum of taxpayers' dollars being spent and has caused the Canadian deficit to skyrocket.

The announced goal of Canadian climate policy is to reduce national emissions by 30% from 2010 levels by 2030 and then to go on reducing them to perhaps 50% of 2010 levels by 2050. That would mean a massive and costly transformation of the Canadian economy and a sharp reduction in transportation use and resource industry activity, with devastating consequences for consumers in provinces like Alberta, Saskatchewan, and Newfoundland and Labrador. Emissions reductions of that magnitude will not be achieved at low or moderate carbon tax levels. The taxes would need to be high enough to shut down entire industries.

Let us have an honest discussion about this policy, free from foreign money looking to cash in on Canadian climate programs.

In closing, I thank all members who participated in this debate and I look forward to a more detailed examination of Bill C-278 at committee.

Canada Elections ActPrivate Members' Business

February 21st, 2019 / 6:15 p.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, I would like to address a number of the points my colleague across the way raised this evening.

The first is something we do not do enough, which is to recognize the incredible role Elections Canada and the Commissioner of Canada Elections play in ensuring one our fundamental pillars of democracy is healthy. I would argue that it is envied around the world.

People from many countries around the world come and visit our election officials. Apolitical election officials are often requested to visit numerous countries so they can explain why Canada has been as successful as it has been over the years at ensuring it has a very healthy and vibrant democracy.

I appreciate and recognize the importance of the independent offices, whether it is the Ethics Commissioner, or the ombudsman or Elections Canada. We appreciate their contribution to our system of parliamentary procedures and democracy as a whole.

One of the most interesting comments I heard about the bill was by the parliamentary secretary, and members should take note of it.

A great deal of effort was put into bringing forward Bill C-76. When it was debated at second reading, we clearly indicated that if members had ideas on how to improve the legislation, they should bring them to committee. We often hear that from this side of the House, something we never heard when Stephen Harper was prime minister. The Prime Minister and other members have talked about bringing issues to committee.

In fact, there were a number of ideas raised at committee. It was interesting that the parliamentary secretary made reference to Bill C-76. The original bill only prohibited the use of foreign funds during an election period. However, once it went to the procedure and House affairs committee, amendments were put forward to make it illegal for third party to use foreign funding at any time to engage in partisan activities.

This brings it in line with what Bill C-406 proposes. It is not a perfect alignment, as has been pointed out. The opposition believes that if we pass a law here, we will have no issues in implementing it outside Canada's jurisdiction. That is questionable.

What Bill C-406 hopes to achieve was achieved by Bill C-76. There was debate and presentations were made at committee to enhance the bill and make it stronger. This should have been taken into consideration with respect to the bill before us now.

Bill C-76 has now received royal assent. The member who introduced Bill C-406 was not necessarily aware of that. We need to reinforce the fact that it is now the law of the land.

I have been around for a number of years. I can remember the legislation that was brought in by former prime minister Stephen Harper in regard to reforming the Canada Elections Act and the incredible resistance to the changes that the Harper government received. There was very little support for the legislation. There was a great deal of opposition from political parties. More importantly, many different political stakeholders in Canada, whether they were academics or average citizens, were talking about issues such as the identification cards and how people were being disenfranchised and so forth. That was the type of legislation that Stephen Harper brought in when he was Prime Minister.

As to the support that we have for Bill C-76, and when I say “we” I am referring to something more than just the Liberal Party or the Government of Canada, there was widespread support for many of the changes for the modernization of our elections act. It received wide support.

I talked about changes at committee stage then and it fell on deaf ears. Today we have a government that is committed to more transparency and more accountability, especially when we talk about the issue of elections—

Canada Elections ActPrivate Members' Business

February 21st, 2019 / 6:05 p.m.


See context

Conservative

John Barlow Conservative Foothills, AB

Madam Speaker, it is a pleasure to speak today to Bill C-406, tabled by my colleague from Red Deer—Lacombe, which would amend the Canada Elections Act to ban foreign contributions to third parties for election advertising purposes.

Some of the comments we heard prior to my intervention go to the very reason I think this legislation is so important. I want to point to the comments from the parliamentary secretary to the Minister of Democratic Institutions, who was very clear that he is not going to support this legislation, but then said that there is no proof whatsoever that there has been any interference in Canadian elections in the past. That just proves how naive the Liberal government is in the situation we are facing right now. We have a group out there, Leadnow, that is, on its website, bragging about how many ridings it influenced in the 2015 election. It is a third-party group that spent more than $1 million in the 2015 election, and almost 20% of those dollars were raised by foreign actors.

The government is saying, and I guess we really should not question this, because it has sort of been the government's theme all week, as well as in the last couple of weeks, when it comes to SNC-Lavalin, “There is nothing to see here, nothing to fear. We have everything under control. Just go to bed at night and sleep well.”

The proof is there that there was certainly influence in the 2015 election by foreign entities funding third-party groups in Canada that were going to specific target ridings and having an impact on the Canadian election.

If this had come up four years ago, I was one of those who would not have thought it was an issue. However, that changed significantly during the 2015 election campaign. Many of us here in this House helped our colleagues and friends in other ridings when they were doing their door knocking and canvassing. I remember going to Calgary Centre during the 2015 election, and I was shocked by the number of lawn signs I saw on public boulevards and public spaces. What surprised me was the fact that those lawn signs outnumbered every political party two to one. These signs were not Liberal, New Democrat, Green or Conservative. These lawn signs were put up by Leadnow and Tides. The amount of money those groups spent in that one riding was incredible. We had third parties spending more than $1 million in a campaign.

Let us put that in perspective. The average party in a constituency probably spends about $50,000 to $75,000. This group spent 30 times that in our election. To say that there is nothing to see here and that there is no proof of foreign funding having an impact on Canadian elections is extremely naive. It shows why this private member's bill, Bill C-406, brought by my colleague, is so important. I am very proud to support it.

When we talk about the activism that is going on in our country and having an influence on our elections, that should be extremely concerning to Canadians. In the presentations we have heard so far, I think everyone has said that Canadian elections should be decided by Canadians.

Earlier this year, I had the opportunity to travel to Brussels and meet with many of our NATO partners and representatives from those countries. We talked about foreign influence in their elections. It was a top priority for our NATO partners, who are doing everything they can to address cybersecurity and tightening up their own elections legislation to limit the opportunities for foreign influence.

Canada is not immune to this. We have a Liberal government that passed Bill C-76 with minimal strategies to address foreign funding. That is concerning. This private member's bill, Bill C-406 would close that loophole when it comes to the influence foreign funding would have on future Canadian elections. We are not immune. It has happened. If we do not do something about it, it is going to happen again. Elections are sacrosanct in a free and sovereign country.

Times have changed. Unfortunately we have seen it in the United States and in other western democracies. We have seen it in Canada. Our elections are open and vulnerable to foreign influences, whether at the cyber level or through the funding of third party organizations that are well organized and target specific ridings to make an impact.

We should not allow that to happen. Third party associations should not be allowed to accept foreign funding for use in Canadian elections. Bill C-406 would close that loophole to ensure that third party groups cannot not accept foreign funding, period. This would make things easier to enforce and track, ensuring that Canadian elections are protected.

However, we should not be surprised that the Liberals are leaving this loophole there. They have been quite clear that they have no issues with foreign entities and actors influencing Canadian policy. We have a Liberal government that ensured that Canadian taxpayer dollars were used to fund summer jobs for Leadnow and Tides, groups that actively protested against Canada's energy sector. Liberals should not allow these foreign funds to impact our decision-making on our own economy, on massive infrastructure projects, and on nation-building projects like pipelines.

We have seen what has happened with Trans Mountain, a project that is integral to Canada's economy, but they tell us not to concern ourselves with foreign actors influencing the Canadian economy and our natural resource sector, or with the more than 100,000 jobs that have been lost as a result of the activism that most often comes from foreign entities.

If Liberals are going to turn a blind eye to that, it only makes sense that they would turn a blind eye to foreign influences in Canadian elections. This is no mystery. Foreign money has been used, and as I said, these third party groups are actively, in the public and on their websites, bragging about how successful their efforts have been in influencing a Canadian election.

This is not a conspiracy theory. This is not speculation. It is proven. In fact, as I said, Tides spent more than $1.5 million on influencing the Canadian election. That got the attention of the Canada Revenue Agency, which is investigating Tides regarding how that money was raised and spent. For the Parliamentary Secretary to the Minister of Democratic Institutions to say this has never happened is very disconcerting. He is parliamentary secretary to the minister, who should be extremely concerned about the influences foreign entities and actors could have on the Canadian election. The parliamentary secretary was being quite honest when he said it was not an issue or a problem, and that we did not need any legislation to protect ourselves from this. In all honesty, I find that to be ridiculous. It is proven that this is happening.

We are now in an election year, and it is quite clear that the Liberals are not going to take this issue seriously. This is not something they are addressing earnestly. They are refusing to take steps to close the loophole.

I find it interesting that the Liberals and my colleague from the NDP keep talking about this being a non-partisan issue. I am not saying this is a partisan issue. I am saying there is a very clear void in the legislation. We are bringing forward an opportunity to correct the mistake in Bill C-76, which did not have the teeth needed to ensure that Canadian elections are protected.

Elections are a foundation of Canadian democracy, plain and simple. If we cannot trust that our elections are fair and that Canadians alone are deciding who forms our government and who represents them in their constituencies, we have a very serious problem.

Bill C-406 would end any opportunity for foreign influence in a Canadian election. The integrity of our democracy and of our electoral system is at stake, and I would ask all members of the House to support Bill C-406. It is a priority.