Elections Modernization Act

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

This bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.

Sponsor

Karina Gould  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

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

Elsewhere

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

Votes

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

Elections Modernization ActGovernment Orders

May 22nd, 2018 / 5:10 p.m.


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NDP

Richard Cannings NDP South Okanagan—West Kootenay, BC

Mr. Speaker, the NDP is in favour of many of the provisions of the bill, but it is a big bill and we have not had time to review it, as I mentioned. Even the minister who tabled it was not clear on things. Some of the information given out when it was tabled was contradictory, so I think we need to spend the time to look at this bill carefully.

This is the heart of our democracy, and if the Liberals want us to pass the bill to get it enacted in time for the next election, they should have acted a lot earlier. They could have acted 18 months ago. They tabled another bill very similar to Bill C-76 but never really moved forward on it. Therefore, when they say that we are in a panic now, that they want all hands on deck and want the NPD to support the bill unquestioningly, we would ask them what the rationale is when they had 18 months to do this.

We want to get this right. Hopefully we can get some of these parts enacted in time for the next election, but it does not mean that we should blindly support everything in the bill, because we have not had time to look at it. We need to treat this subject very seriously.

Elections Modernization ActGovernment Orders

May 22nd, 2018 / 5 p.m.


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NDP

Richard Cannings NDP South Okanagan—West Kootenay, BC

Mr. Speaker, I am happy to rise this afternoon to speak to Bill C-76, an act to amend the Canada Elections Act. Since elections are at the heart of our democracy, this is clearly an important bill for debate in this House.

The bill is a belated response to the Liberals' election promise to reverse some of the egregiously anti-democratic aspects of the Conservative government's so-called Fair Elections Act of 2014. I say “belated” because the acting Chief Electoral Officer gave the government a deadline of the end of April for any election reform legislation if changes were to be made in time to be implemented before the October 2019 election. That deadline was for passing legislation, not for introducing it, so we have clearly missed the boat there.

Speaking of delays, it has taken the government two years to name an official Chief Electoral Officer. Since it is such an important position, one would think the government would make that a high priority.

This bill is another in a series of very large bills that the current government has tabled. At 230 pages, it is very much an omnibus bill. It absorbs Bill C-33, which was tabled 18 months ago and never acted on. Even the minister who tabled it seems to be unclear as to what is in it. It is ironic that the Liberals complained about the Fair Elections Act from the previous Conservative government and its propensity for omnibus legislation, when here they are doing the same thing.

Now I would like to touch on some of the provisions included in Bill C-76.

It limits the writ period of an election to 50 days, thus eliminating the chance for another marathon election campaign of more than 70 days, such as that which we were subjected to in 2015. That is great news. I would like to thank the member for Cowichan—Malahat—Langford for suggesting this to the government in the form of his private member's bill.

Canada is far behind other countries in gender equity, and it is past the time when we should be taking concrete steps to improve this situation. The bill allows candidates to report child care expenses, but it falls short of promises to allow more candidates from equity-seeking groups to take part in our elections. The member for Burnaby South put forward his private member’s bill, Bill C-237, which would have strongly encouraged parties to increase the proportion of female candidates in future elections. Unfortunately, the government voted that bill down and failed to include its provisions in this bill.

I have been to many schools to talk about government and the electoral process, as I am sure many members here have, and I have always been impressed by the keen interest of many young people in civics. The questions I get at school talks are often much more informed than those that I get at open town halls. Therefore, I am happy to see that two parts of this bill encourage young people to get informed and to get involved in the electoral process. First, Bill C-76 would allow the registration of future electors between the ages of 14 and 17. This simple act has been shown in other jurisdictions to increase the proportion of young people who vote after they turn 18. That would be a good thing, since young people do not generally vote at the same rate as older adults. Second, the bill removes the ban on public education programs conducted by the Chief Electoral Officer through Elections Canada. Why this ban was put in place in the so-called Fair Elections Act is beyond me. However, I welcome the opportunity for Elections Canada to inform and educate Canadians on our electoral process.

Bill C-76 also brings back the process of vouching to allow electors without proper ID to vote, as well as allowing the use of the voter ID card for the same purpose. These were disallowed under the Fair Elections Act in an effort to solve a non-existent problem of voter fraud—of which there are vanishingly few, if any, examples—by creating a much more serious problem that inhibited Canadians, particularly disadvantaged citizens, from voting at all. We should be encouraging all Canadians to vote, and this will be a step in the right direction at last.

Also included in the bill are provisions to allow more expatriate Canadians to vote, effectively doubling that number. I think this is a very welcome addition.

While the bill institutes some rules around third party activity during elections, it does allow spending of up to $1 million in the pre-writ period for third parties, which is hardly a restriction, considering that parties are allowed only $1.5 million. As well, there is no limit on how much individuals can donate to third parties involved in election campaigns. If we want to get big money out of our election campaigns, this is not the way to do it.

I want to talk a bit now about the big thing missing from this bill, the elephant in the room, or maybe it is the elephant that is not in the room. Of course I am talking about real electoral reform. The Liberals, the NDP, and the Green Party all campaigned on a promise that 2015 would be the last federal election run under the first-past-the-post system. Over 60% of Canadian voters supported this idea. For many Canadians, it was the most important promise made in that election campaign. Canadians were tired of elections that gave parties with less than 40% of the vote 100% of the power under majority governments. The Harper government was an example and the present Liberal government is another, so creating a new system was very popular.

Unfortunately, once the Liberals were in power, they forgot about that promise. They created a committee that travelled the country and worked very hard to hear from as many Canadians as possible. The committee heard from electoral experts from around the world on best practices from other countries. The committee tabled a report calling on the government to create a proportional representation system after consulting Canadians with a referendum. The Minister of Democratic Institutions asked all MPs to go back to their ridings and hold town halls to hear what their constituents had to say on the subject. We in the NDP caucus took that request seriously and did just that. We not only held town halls but also handed out questionnaires at the meetings to tally the preferences of the attendees. I sent similar questionnaires to every household in my riding.

We found that over 80% of respondents from across the country preferred a proportional representation system. Unfortunately, the Prime Minister did not like that answer. He did not like the committee's recommendations and announced that he was going to break his promise on electoral reform. The Minister of Democratic Institutions even insulted the committee by saying it did not do the hard work expected of it. The Liberals say they want to increase the participation of Canadians in the electoral process and that Bill C-76 is their answer to this, but the incredible cynicism of their lack of action on real electoral reform has already had a negative effect on how Canadians feel about their elected representatives and whether it is even worth voting in the next election.

I was talking on the phone with a constituent a while ago on a separate issue, and at the end of the conversation, she said how nice it was that the MP was calling her directly. She told of how she and her husband engaged their children in the election campaign of 2015. They listened as a family to the debates, they read the campaign platforms, and in the end the parents asked their children who they should vote for. She did not say who they decided to vote for, but she did say that electoral reform was the issue that the children felt was the most important to them. They wanted every vote to count and were devastated when the Prime Minister went back on his solemn election promise. She even worries that their children might never vote when they are old enough. That was exactly the opposite effect that she and her husband were hoping for when they got them involved in the discussion.

I will close by saying that I support many of the reforms contained in Bill C-76, but it falls short in so many other ways: in its size, in the short amount of time we have had to debate it, and above all in the complete lack of real reform. Let us get rid of big money in elections and get back on track to getting rid of first past the post so that every vote will count.

Elections Modernization ActGovernment Orders

May 22nd, 2018 / 4:55 p.m.


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Conservative

Kelly McCauley Conservative Edmonton West, AB

Mr. Speaker, we are here to discuss Bill C-76, not something that has gone on in the past.

The issues with the bill are very clear. The Liberals would blatantly allow an increase in foreign meddling in our election, which would serve none of us in the House and would not serve Canadians. The bill would allow a lot of issues that are blatantly wrong. What is even worse is that on such an important issue, the government is shutting down debate. It is wrong and we will continue to fight that.

Elections Modernization ActGovernment Orders

May 22nd, 2018 / 4:45 p.m.


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Conservative

Kelly McCauley Conservative Edmonton West, AB

Mr. Speaker, I am pleased to rise to speak to Bill C-76, an act to amend the Canada Elections Act and other acts and to make certain consequential amendments, also known as “the bill to change the rules to favour the Liberals because they cannot fundraise competitively, and other consequential amendments”. However, that is just the working title.

I appreciate that the minister for electoral reform has come back to the House. The job done previous to her by the treasury board president has been a mess. Now the treasury board president has shown once again that he is not up to the job, whether it is watching Bill C-58 , the Access to Information Act, or his complicity in ignoring reports that Phoenix was not ready, or his attempt to pass off his $7 billion estimate slush fund as transparency.

The acting Chief Electoral Officer had made it 100% clear to the government and Parliament a year ago that he would need legislative changes completed by April 28 in order to have time to be ready for the fall 2019 election, not starting debate and not introducing the legislation by April 28, but completely finished by April 28, through the House and Senate. However, here we are. Instead of having legislation debated and passed through the Senate by now, the Liberals are now just starting.

Let us go back a bit. Following the 2015 election, Elections Canada provided a list of recommendations for changes. The procedures committee was looking at these recommendations for a report to bring back to the House. Then out of nowhere the government dropped in our lap Bill C-33 , an act to amend the Canada Elections Act. Before the report from the committee was completed, the Liberals introduced a bill with incomplete information.

The Liberals rushed in a flawed bill, ignoring the procedures committee, and promptly did absolutely nothing for an entire year. If we add in the inability to appoint a permanent chief elections officer, the cynical Bill C-50 to distract from their cash for access scandals, and the desire to create a debates commission, we have typical Liberal ineptness. Well done, mission accomplished.

How did we get here? We went through the sham consultations a year and a half ago on the electoral reform. It was the same consultation meant to change the voting process from first pass the post to a system that would of course favour the Liberals. This is from their website, and it is still up, “We are committed to ensuring that 2015 will be the last federal election conducted under the first-past-the-post voting system.”

Henry James, considered by many as one of the greatest novelists in the English language, has said, “To read between the lines was easier than to follow the text.” If we read between the lines of “We are committed to ensuring that 2015 will be the last federal election conducted under the first-past-the-post voting system”, we get if and only if the Liberals get the system they want, one that would guarantee Liberal re-election, then 2015 will be the last under the first-past-the-post system. Further reading between the lines we also see, “If we don't get the system that favours only the Liberals, then we'll abandon the plan.”

It is funny that when we go to the Liberal mandate tracker it shows electoral reform as not being pursued. It is not a broken promise, or thrown into trash or not being pursued. If we go down a bit further on the mandate tracker and look under “Balance the budget”, which is also in their mandate letter to balance the budget by 2019, it says “Underway - with challenges”. There are tens of billions of added debt. Maybe the budget will be balanced by 2045, but we do not know as the finance minister will not answer.

The Liberals are adding $43 billion in debt from when it was supposed to be balanced in 2019 in the mandate to the end of where the budget shows in 2022-23, with $75 billion of added debt over the period from being elected to 2022-23. This is what they call “Underway - with challenges”.

At the operations committee, we asked representatives of the Privy Council Office about this. Privy Council runs this mandate tracker website. We asked them why they would put out this information. It was very clearly a lie and misinformation. They said that the finance department told them to. I feel badly for the Privy Council having to sit at committee and defend such disingenuous information.

Let us go back to Bill C-76 and look at some of the measures in the bill to change the rules that favour the Liberals, because they cannot competitively fundraise, and other consequential amendments. It allows the Chief Electoral Officer to authorize the voter information card as a piece of ID. This is not a voter ID card, as some people are trying to pass it off as; it is a voter information card. People can head to the polls with that piece, which was mailed to them, and vote.

Here are some fun facts from the last election. Non-Canadian citizens were sent the card in the mail, even though they were not eligible to vote. Cards went out with the wrong names. People were directed to the wrong polling station, sometimes 100 kilometres away. There was a 1.5% error rate on the 26.5 billion cards that were sent out, which means 400,000 people got cards with wrong names, wrong addresses, and so on.

In the 2011 election, before that one, three-quarters of a million Canadians moved during the 36-day writ period.

Elections Canada says that the voters list that it draws the cards from is just a snapshot in time. We are going to base the entire integrity of our election on a snapshot in time? Elections Canada says that it cannot even check the voters list to ensure that those on the list receiving the cards are actually Canadians.

To summarize, hundreds of thousands of incorrect cards are going out and three-quarters of a million people are moving during a standard election period. Over a million people potentially could have the wrong card or have someone else's card. Elections Canada is stating that there is no way to check if the cards are going out to Canadian citizens. The integrity of democracy is based on what Elections Canada calls a “snapshot in time”.

This bill would allow Canadians living abroad to vote regardless of how long they have lived outside the country and whether they intend to return. Right now it is five years. It is being challenged before the Supreme Court. The Supreme Court has not even ruled on this yet and the Liberal government will bring in changes to allow anyone, regardless of how long they have been out of country, to vote.

Three million Canadians are living abroad, wonderful people, spreading the word of hockey in Canada around the world. However, should we allow those who have no intention of ever returning to Canada to help decide our policies in our country? The Ontario Court of Appeals, which ruled on the five year law, stated that it was democratically justified because it preserved the social contract between voters and lawmakers.

I know the Liberal government loves social licence, social licence for pipelines and for everything else, but I wish it would respect the social contract as has been decided by the Ontario courts.

There is no requirement that any of these expats have to vote in the last riding they lived in or even have visited one of the ridings. My brother, Bob, who left the country about 18 years ago, lives in New Jersey. He has never once stepped foot in my riding of Edmonton West. Should he be allowed to vote in my riding, even though he has never stepped foot in it and left Canada about 18 years ago? I have to wonder how many ridings across Canada in the last election were settled or won by less than 1,000 votes.

Concerted efforts by unfriendly foreign regimes could easily swing ridings by those with no skin in the game. Again, should people with perhaps no roots here and no family here and who perhaps pay no taxes and have not stepped foot in Canada for 10, 15, 20, or 30 years be deciding our foreign policy or what communities are getting funds for infrastructure? Should those who have zero intent of returning be deciding who sits in these chairs in the House?

I mentioned my brother. I love him dearly and still feel bad about knocking his teeth out playing hockey years ago, but I do not think he should be eligible to vote in Canada. He left many years ago.

I want to talk about the ID issue. We heard a lot of misinformation and saw hand-wringing throughout this debate about voter suppression under the Fair Elections Act. Let us look at the truth and the facts. Under the Fair Elections Act, we had an 11.5% increase in voter turnout in the 2015 election. It surged.

Here are some of the IDs that people could use: certificate of citizenship, citizenship card, Indian status card, band membership card, Métis card, old age security card, hospital card, CNIB card, credit card, debit card, and employee card. There is over 60 valid pieces of ID that can be used. People can even get a note from a soup kitchen or a homeless shelter to use as ID.

The bill would allow a maximum of third-party spending to soar through the roof, to allow Tides Foundation in the U.S.A., and Russian influence in Tides, to influence our election here. It is wrong. We have seen the issue of Facebook data misuse and Russian hacking. The bill would allow money from these groups to influence our vote.

We have seen the government try to change the rules when it falters. The Liberals changed the fundraising rules and they tried to change our rules in this place when they found the opposition to be too effective. They tried to change how Canadians voted to rig the next election. Now the government is botching this bill.

Bill C-76 is an omnibus of a mess and should be dismissed.

Elections Modernization ActGovernment Orders

May 22nd, 2018 / 4:40 p.m.


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Conservative

Michael Cooper Conservative St. Albert—Edmonton, AB

Mr. Speaker, the legislation could be very simply amended to prohibit foreign funding and to regulate this kind of money coming in. However, the government is not interested in doing that.

We learned today that, in fact, the Prime Minister has ordered Elections Canada to move forward with Bill C-76 as written, so the government is not interested in amendments. It is not interested in fixing the problems with this bill. It is prepared to ram it through with its usual contempt of this House. Under the guise of pretending to do something about foreign interference and influence, the government is giving it the green light, probably because it recognized that it benefited the Liberal Party during the last election and is hoping it can get away with it one more time.

Elections Modernization ActGovernment Orders

May 22nd, 2018 / 4:30 p.m.


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Conservative

Michael Cooper Conservative St. Albert—Edmonton, AB

Mr. Speaker, I rise to speak to Bill C-76, an act to amend the Canada Elections Act. There is no shortage of criticism that can be made of this deeply flawed piece of legislation, but given the limited time that I have, I am going to confine my remarks to the issue of foreign funding, foreign influence, and foreign interference in our elections.

The sanctity and integrity of our elections and the integrity of our democracy depend on Canadians and Canadians alone determining the outcome of elections, without the interference of foreigners. This is something Canadians have taken for granted. Indeed, historically, our elections have not had outside forces and outside influence interfering and attempting to influence Canadian voters. That has changed, and there was a drastic change in the lead-up to the 2015 election.

During the 2015 election, various foreign entities, largely U.S.-based, radical, anti-oil sands organizations, had the express purpose of wanting to see Canadian energy kept in the ground, just like Gerald Butts, the Prime Minister's principal secretary, who also wants to see our energy kept in the ground. Those organizations funnelled a lot of money to registered third parties, which in turn used those foreign monies to promote the Liberal Party of Canada and to work to defeat the Conservative government of the day. We are talking about millions of dollars that were funnelled from the U.S. to registered third parties.

For example, the Tides Foundation funnelled $1.5 million. Of that $1.5 million, about $700,000 was transferred to a Canadian shell entity based out of British Columbia, which in turn sent the money to Leadnow, which of course worked very closely with the Liberal Party during the last election. Another $700,000 or so of the Tides money was transferred directly to eight registered third parties.

The Tides Foundation was hardly the only example. There were many U.S. sources of funding that went to a number of third party groups that were active during the 2015 election.

In light of that kind of influence and interference, many Canadians might scratch their heads and ask, “How is it possible that millions of U.S. dollars were rolled into registered third parties, and these third parties were able to use that money for all manner of political purposes during the 2015 election and get away with it?” The answer is largely because of loopholes that exist in the Canada Elections Act.

Perhaps the biggest loophole in the Canada Elections Act provides that there is no regulation whatsoever of foreign monies funnelled to registered third parties six months and a day prior to the issuance of a writ. Those monies can be transferred to a third party, and then the third party is free to use them for political purposes to directly influence Canadian voters.

For example, if a foreign entity transferred a million dollars to a registered Canadian third party six months and a day before the writ, those monies would be treated as having mingled into the funds of that third party. That third party would be free to use those dollars, and they would be treated as though they were Canadian dollars, notwithstanding the fact they clearly came from a foreign source.

Now, what does Bill C-76 do to close this massive loophole? The answer is, absolutely nothing. It does absolutely nothing to close this loophole. It leaves it wide open. It gives free rein to foreign interests and foreigners to come in and influence the next election.

However, to the degree anything has changed, the government has made the situation worse, because under the existing Canada Elections Act, the period regulated is six months prior to the issue of a writ. Under this legislation, the pre-pre-election period that will be completely unregulated goes up to June 30. In other words, it will be closer to an election that foreign interests can donate to third parties.

As well, the government has doubled the amount third parties can spend during the election and provided that they may spend a million dollars in the pre-election period. We are talking about foreign money, and the government is free to simply transfer it over. It is really quite astonishing.

While we can blame the foreign interests and the third parties that have taken advantage of loopholes in the Canada Elections Act, there is another culprit. It is called the Liberal Party of Canada, which actively collaborated with third parties that were taking these foreign monies. I believe the Liberal Party had all the information available to it, knew this was taking place, and turned a blind eye to it. Now, under the guise of pretending to do something about foreign influence and interference in elections, the Liberals are saying that it is A-okay: just as long as the money is donated before June 30, third parties are free to take as much foreign money as possible.

While it is bad enough we had large amounts of U.S. money during the last election, who is to say that in the 2019 election it will not be Saudi, Chinese, or Russian money? Canadians should be alarmed and outraged. Quite frankly, Canadians deserve better from the government. Canadians deserve elections that are free from foreign influence and interference. Instead of doing that, Bill C-76 maintains a loophole that legitimizes and sanitizes this. For the sake of the integrity of our elections and of our democracy, Bill C-76 needs to be defeated out of hand.

Elections Modernization ActGovernment Orders

May 22nd, 2018 / 4:15 p.m.


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Bloc

Xavier Barsalou-Duval Bloc Pierre-Boucher—Les Patriotes—Verchères, QC

Mr. Speaker, I would like to thank my colleague opposite, who is generously sharing his time with me.

It is a great pleasure to speak today to Bill C-76 on behalf of the Bloc Québécois. Many subjects are debated in the House, and when we discuss democracy, and changes in how we operate and how members of the House are elected, I believe that it is a crucially important debate for everyone here. Furthermore, it is even more important that we take the time needed to debate these matters and that everyone have the opportunity to speak as long as necessary, because our democracy is at issue.

My party studied the bill thoroughly, but since we do not have much speaking time today, I will have to focus on just a few main themes.

Before I begin my more in-depth analysis, I would like to touch on the few things we think this bill gets right. First of all, Bill C-76 undoes some of the damage the Conservatives did with Bill C-23, such as preventing the Chief Electoral Officer from educating voters about the voting process and encouraging people to vote.

I think virtually all of us can agree with the basic principle that more voter participation is a good thing. The Chief Electoral Officer's job is to make sure that as many people as possible can vote. Preventing people from voting undermines and delegitimizes our democracy. On that, this bill is a good first step.

In addition, the bill gives the Chief Electoral Officer and the Commissioner of Canada Elections some powers that were also taken away from them under Bill C-23.

Bill C-76 contains positive measures to encourage members of the armed forces, young people and persons with disabilities to participate in the electoral process. We also welcome the government's efforts in this regard. Finally, we are particularly supportive of limiting the duration of the election campaign to 50 days, because that is what the Bloc Québécois asked for during the last federal election in 2015. In fact, the Conservative government used a loophole in the fixed election date bill to greatly extend the duration of the election campaign in order to circumvent the spirit of the legislation put in place. We had not seen such a long election campaign in hundreds of years. It did not make sense. We needed something that made sense. We had to frame that. For this reason, we are pleased to see the 50-day limit, because it is still a reasonable limit. We very much welcome these provisions and congratulate the government on having retained the position and vision of the Bloc Québécois on this issue.

Now, I want to talk about one of the biggest problems with Bill C-76. The problem is not necessarily what is in the bill, but what is missing from it, and some measures in the bill are not particularly interesting.

I want to point out four areas on which we disagree. If I have the time, I will then talk about what we plan to do later on. The first thing that we have a problem with is third-party involvement in the electoral process. The government is proposing greater oversight of third-party involvement in the electoral process. We think it is a good idea to have greater oversight of third parties, except that this oversight would allow for a higher spending limit for third parties, even though there is greater oversight during the pre-election period. There is also greater oversight over the money going to and from these third parties.

The government is over-complicating things. We do not think that third parties should be influencing the election by spending money during the electoral process. We think that is a bad thing. The political parties that spend money to get elected are the ones that should be involved in the electoral process. We are already supposed to be regulating spending and fundraising for political parties, so third parties should not be spending money to get other parties or a specific party elected. It is dangerous to get third parties involved since they could find roundabout ways to use money to support one party and undermine the others.

Interested parties could draw inspiration from what is happening in the United States with super PACs. We do not think that is good for democracy. We need to make much simpler rules that categorically ban third-party intervention in electoral spending. We hope the government and the other parties will be open to that idea.

Voter identification is another issue that is especially important to us. We got a chance to discuss it in 2015, during the last election campaign. Bill C-76 would have been a great opportunity to move the discussion forward, but unfortunately, it will not require Canadians to uncover their faces to vote, which is something the Bloc Québécois has been calling for for a long time. Some parties have supported us in calling for that. Candidates from other parties have even broken ranks to side with us.

In 2007, Michel Guimond introduced Bill C-465, which required every elector to identify himself or herself with his or her face uncovered before voting. When Bill C-23 was being debated in committee, MP André Bellavance, who is now mayor of Victoriaville, also introduced some amendments specifically requiring voters to uncover their faces. Unfortunately, at the time, the NDP, the Conservative Party, and the Liberal Party banded together to veto the Bloc Québécois's proposal that Canadians be required to uncover their faces in order to vote. The end result was that during the 2015 election people showed up to vote dressed any which way. Some dressed up as clowns, Star Wars or Star Trek characters, or monsters, while others put on hockey gear. It was absolutely disgraceful.

The electoral process must be serious, secure, and secular, since our government must be secular. It therefore seems obvious to us that Canadians should vote with their faces uncovered. We are very pleased that the Conservatives seem to have had an awakening in this regard. We hope that they will remain consistent in their views on this.

Another issue that we care about, and I hope I will have time to mention them all, is political party financing. Something must be done because not everyone can afford to pay $1,500 to attend a cocktail party. After the Conservatives did away with the public funding for political parties implemented by Jean Chrétien in response to the sponsorship scandal, the Liberals promised that they would bring it back. However, once they took office, it seems they changed their minds. Perhaps they realized that there were a lot of people who wanted to make donations. Why then would they allow the other parties to compete on a level playing field? It is important to have a level playing field. The parties should receive funding based on votes, not just on the depth of their party supporters' pockets.

Another issue that we care about is government advertising. The government promised to do something about that, but there is nothing in this bill in that regard. We know how this works. We have seen a lot of quasi-partisan or questionable advertising in recent years. The government has a duty to take action on this issue.

There is also no framework for the leadership debate in this bill. It seems pretty clear to us that all parties represented in the House should have the opportunity to participate in the leadership debate. The bill also does nothing to reform the voting system. The government has broken its promise in that regard.

Finally, the Liberals are trying to let foreigners keep the right to vote. It seems obvious to us that the people who should be able to vote are the people who live here, in a riding in Canada, and not people from other countries. We understand the case of members of the armed forces or people who are temporarily out of the country. However, people who have been out of the country for years do not have the interests of people living here at heart. Those people should just vote in their new country, if they so wish.

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May 22nd, 2018 / 4 p.m.


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Liberal

Robert-Falcon Ouellette Liberal Winnipeg Centre, MB

Mr. Speaker, I would like to share my time with the member for Pierre-Boucher—Les Patriotes—Verchères if I may.

[Member spoke in Cree]

[English]

The unfair elections act was a bill enacted by the Harper Conservatives. It was introduced on February 4, 2014 by the minister of democratic propaganda. The Globe and Mail named this the worst legislation in 2014 and said it was a low point of Stephen Harper's government: “It was a partisan attack on Canada's election rules that ignored fact [and] mocked expertise”, as well as common sense.

The Conservatives want to take away our right to vote. They want to restrict who can vote only to subsets of Canadian society. A right to vote is not like an ID for driving a car or obtaining firearms, which is a privilege. It is a fundamental human right that is protected, or should be protected, around the world, and a fundamental Canadian value.

In Winnipeg–Centre, we have 1,400 homeless people. Under the old rules, they mattered not. However, they do matter, because they are also Canadian citizens. They are often the poor and disadvantaged, and they should have an equal right to vote, like any other Canadian. I had the opportunity of meeting many homeless during the last federal election in 2015. In fact, I campaigned in many of the homeless shelters. While I could not pay for ID cards for many of my fellow citizens, I did nonetheless encourage them to go out and vote. I was surprised and encouraged to learn that some had taken the opportunity of raising funds themselves to be able to afford and buy an ID card from the Province of Manitoba, which costs $20. For homeless people, this is a substantial investment in democracy and their own well-being.

I remember being with my kids, enjoying a Sunday afternoon, when I was stopped in the street by a gentleman who asked me what we were doing for policies. He reminded me that he had voted in the last federal election and wanted to know what we were doing. People across Canada were disheartened by the Harper Conservatives' attack on democracy. It gave rise to institutions like Idle No More and Indigenous Rock the Vote, which happened across Canada. Organizations and groups of citizens came together to promote the idea of voting in order to take back their rights from people who did not want them to exercise that right.

As a government, we are committed to continuing this legacy. Canada's democracy is made up of each and every citizen, and what they have to say about the country they seek to create. The measures in Bill C-76 are bold and important steps along this path of empowering Canadians and strengthening our electoral process, which have benefited from the recommendations of the Chief Electoral Officer after the 42nd general election.

Voting must accommodate people. It must accommodate people in their lives, sometimes very busy lives. Bill C-76 would help Canadians vote when and how it works for them. The measures contained within the bill would reduce wait times at polling stations. I remember that in Winnipeg–Centre there were times the lineups stretched outside the polling station because there were so many people who had not voted before. They were concerned about the attacks made by the Harper Conservatives, not only on voting but also the environment, the criminal justice system, and many fundamental Canadian values, ignoring who we are as Canadians.

Bill C-76 would also increase advanced polling to 12 hours a day so that Canadians can easily vote ahead of election day. It is going to make voting more convenient by letting people use their voter information card, as was previously the norm. In the 2011 election, Elections Canada conducted a pilot project on using the voter information card as a voter ID. Elections Canada, the independent organization that runs our elections, recommended that Canadians be able to use their voter information card. The findings were hugely important. Among students, the cards were used by 62% of voters. In seniors residences, the number was 73%. On first nations reserves, they were used by 36% of voters. It is clear that this measure is important for helping Canadians participate in our democracy.

Based on a Statistics Canada study in 2016, 172,000 Canadians in our country could not vote because they did not have the requisite ID they needed. I am proud that our government is going to attempt to address this, to ensure that no one's vote is stolen by an unfair elections act. The changes we are introducing will also reintroduce vouching, so that a voter can allow another Canadian to vote as well.

As has been the case with many initiatives undertaken by our government, this does not represent a radical departure from the norm, but rather the return to a standard Canadian practice and ideal. Undoing the unfair parts of the previous government's unfair elections act means that more Canadians will be able to participate in our democracy.

Participating by voting is more difficult for some people than others, and that is not fair. The men and women in uniform, who risk their lives to protect the rights of all Canadians, deserve to have their right to vote protected. I remember how difficult it was sometimes to vote in our federal elections when I served with the Canadian Armed Forces. Bill C-76 introduces changes that would give Canadian Armed Forces members greater flexibility in how they cast their ballots, while also making sure that it is a secure process, whether they are voting at home or abroad.

Additionally, Bill C-76 would extend the right to vote to approximately one million Canadians who live abroad, ensuring that they, too, have their say in our democracy, for they are also Canadians.

We are also removing barriers to Canadians with disabilities by increasing assistance at polling places and by allowing voting at home. Bill C-76 would provide incentives for parties and candidates to make their activities accessible to and inclusive of people with disabilities. I am very confident that all of my colleagues in the House would welcome new resources for positive and common-sense steps such as having flyers with Braille and ramps at campaign offices. These are small changes that would have a huge impact for our fellow Canadians.

I am proud that while our government is taking steps to empower voters today, we are also looking to the next generation. There can be no question that the young people of Canada are engaged. They are shaping our future, and they should not let the Conservatives take away their right to vote.

The creation of a register of future electors in Bill C-76 would allow Canadians between the ages of 14 and 17 to register with Elections Canada, which would allow them to be added to the voter list automatically when they turn 18. This would have a huge impact on our youth. Provisions in Bill C-76 would make it possible to contact approximately 1.5 million young people as part of civic education initiatives in high school. We need to give power back to fact and reason, and the Chief Electoral Officer knows more about the electoral system than any of us lowly MPs.

Currently, we are 23rd among OECD countries in voter turnout, and encouraging habitual voting among the next generation of young Canadians and indigenous Canadians is a noble and meaningful step forward.

Just as Bill C-76 looks to our youth as the future of our democracy, it also addresses changing realities and what our world will look like tomorrow. Cyber-threats pose a real and serious danger to the integrity of the democratic process everywhere, and Canada must be prepared to meet these challenges with strength and determination to keep our elections secure and transparent.

The bill would also take action to deal with the so-called political bots, software designed to shape people's political opinions online. By banning such malicious practices during elections, we would ensure that Canadians have the confidence that our process is open and based on the truth.

While making sure that elections are fair, our government is also committed to protecting the privacy of all Canadians. Political parties would now be required to have a policy to protect any personal information they collect. This means that parties would have to explain what information they collect and how they will use it. It would also provide a contact person for voters to contact if they have concerns about their privacy.

Democracy is made up of people. It is the voice of our neighbours, colleagues, and friends. On election day, I hope that more Canadians will go out to vote, as they did in Winnipeg Centre, to turf out politicians who have old ways of thinking and who have ignored them for too long, and to cast a ballot for actual change and people who will stand up and defend their rights day in and day out.

Democracy is the heart of our communities and the heart of our country. I know that Bill C-76 would strengthen Canada's democracy, not just for today but for years to come.

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May 22nd, 2018 / 3:55 p.m.


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NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Mr. Speaker, my friend from Halifax has to be careful about the testimony he heard this morning. I may have misheard him, although I do not think I did, but the CEO did not place the summer time limit on implementation. He was asked very specifically about things like vouching and some of the changes in here and if his department was getting to work on them. His answer was yes, because Elections Canada saw the introduction of some of Bill C-76 18 months ago and strangely thought that the government was going to introduce the bill any time, as we did too.

Therefore, I wish my friend had shared his newfound sense of urgency with the rest of government, because for 18 months the NDP was knocking on the door asking, “Where's the bill?” Yet for 18 months we heard nothing from the Liberal cabinet or the Prime Minister's Office, which is strange because they were pushing an open door on this one, saying, “Let us get this stuff done.” Then at the last minute, actually after the last minute, after the deadline from Elections Canada, the Liberals come in with an omnibus bill and say it is panic time.

However, there are a lot of things in the bill that we do not understand. There are things in the bill that the minister who introduced it did not understand. When asked about specific components of the bill, he said that, no, they were was not in there but could be introduced with an amendment. Then, three days later, he had to correct himself and say that these things actually were in the law but had not known that they were. Therefore, if there is confusion on the part of the minister who introduced the bill, my friend can understand why we want to look through it carefully, because these are laws that will govern us for maybe a generation. It is unfortunate that the panic on the Liberals' part is now putting a panic on Parliament.

Our job is to get this right. Our job is to make sure that we can introduce it in time, but we are not going to get things wrong, because this matters. This matters to us deeply as New Democrats.

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May 22nd, 2018 / 3:55 p.m.


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Halifax Nova Scotia

Liberal

Andy Fillmore LiberalParliamentary Secretary to the Minister of Democratic Institutions

Mr. Speaker, the NDP very admirably voted against the changes made in the previous government's Fair Elections Act. We would reverse those changes, and the NDP supports this. In fact, when discussing the reversal of the Fair Elections Act changes in The Hill Times, the member for Skeena—Bulkley Valley said that “These are all important things.”

During the committee's study of the Chief Electoral Officer's report following the last federal election, the NDP voted in support of many of his recommendations. Bill C-76 would implement about 85% of the recommendations of the CEO, which make up about 80% of Bill C-76.

Today in the procedure and House affairs committee, the chief electoral officer said that his department was ready to implement this proposed act if we could pass it before the summer recess. Is the member and his party, consistent with their past actions, ready to commit to helping us get this done so that Elections Canada can start implementing these important changes this summer?

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May 22nd, 2018 / 3:45 p.m.


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NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Mr. Speaker, I would like to thank my friend from Cowichan—Malahat—Langford for stepping in at the very last minute with a very articulate and thoughtful 10-minute speech, as there was some confusion in the House as to who was next. He is a rookie no more, if he is able to come forward like he did on such a complicated bill as the one we have before us, Bill C-76. It is 350 pages long. It deals with a whole suite of issues with regard to our elections here in Canada.

The process by which the Liberal government got us here has been as much of a challenge and raised more questions than provided answers to Canadians, in terms of who is actually running things over there. When I say “things”, I mean important things like how we have our elections here in Canada.

Let me start by saying that the Liberals promised at the time of the last campaign two and a half years ago to undo some of the changes forced through Parliament by the previous Conservative government in what it called the Fair Elections Act. Many Canadians came to know it as the unfair elections act, simply because in many aspects it sought to do what is often called in political circles “voter suppression”. It did so by changing the standards by which Canadians are able to vote, changing the ID requirements that seemed, both on the surface and in substance, to target certain groups of Canadians—those of lower income, first nations, and young people—in terms of voting ID requirements, in banning the Chief Electoral Officer from doing things like educating Canadians about how it is important to vote, and with a number of other issues that came out as we went to the polls in 2015.

For example, the previous government realized that it had a bit more money than the other parties. One little loophole in our elections act was to have an incredibly long election period. By doing that they essentially doubled the amount of money that parties could spend in that election.

I never really heard a good rationale as to why we needed a 78-day election, as if Canadians could not sit and listen to the views of various candidates in their local ridings, listen to the national leaders, hear a couple of debates, and then make up their minds. Even in a riding like mine, which is 330,000 square kilometres, we have never found it all that much of a struggle in 35 to 40 days to be able to get out and meet people.

The government did that. The previous Conservative government did that because they could spend more money. They had more money so they spent more money. It did not work out in the end, but it was an attempt that is now being fixed by Bill C-76.

How we got here is a serious concern. The promises made then by the newly minted Liberal government were to undo much of what had been done with regard to vouching, education, and all of these other issues by the previous government, and it introduced a bill to that end. The government said, “Here is our bill. It's going to get rid of the stuff that Stephen Harper did” . Then it sat on it for 28 months.

We were writing to the government. We were calling the government and the democratic institutions minister out, both the previous one and the current one, asking where the bill was. Tick tock. We had heard from Elections Canada, which runs our elections, that it needed any legislation and major changes to be passed as of April this year, not introduced but passed through the House of Commons, through the Senate, and to receive royal recommendation, so that it could implement the changes. Any delay would risk the changes coming to fruition in time for the next election.

It made sense. Elections Canada needs that time to train its workers, to educate Canadians, especially if there is anything big coming. Well, Bill C-76 is big. It is 350 pages long. The Liberals themselves call it a “generational change”. If it is a generational change with regard to our elections, one would think there would be some urgency to introduce it in time so that the Chief Electoral Officer and all the people who work during our elections would have time to implement it. However, the due date for the homework came and went.

The day after the Liberals introduced this omnibus bill, this generational change, they still had not hired a Chief Electoral Officer, by the way, a role that hung vacant for 18 months. Apparently they finished interviews last October. This morning I met the nominee for the first time and we asked him about the process. Yes, he had interviewed back in October and he got a call in February. It was a nice little chat. The first time he heard about an actual nominee was the first time we as parliamentarians had heard about a new Chief Electoral Officer from the pages of the Toronto Star.

The Liberal government wanted to leak its nominee, so it did, and then two weeks later, that nominee was gone. Then there was a new letter from the Prime Minister announcing a new nominee, and we asked, quite rightly, what happened to the other guy? Did he do something wrong? Was he no longer qualified? He seemed qualified. There was no explanation from the Prime Minister or the minister.

Many people describe our democracy and elections like an ecosystem: all the rules are in place and there is a person bringing the rules forward and enforcing them. We kind of want it to be like a great hockey game. At the end of a great hockey game, we do not really picture the referees, do we? They did not really factor into it too much. They called penalties fairly for both sides and administered the game. That is what we want the Chief Electoral Officer to be like. We want him to have a clear and fair set of rules for everyone to play by, calling out the bad actors when they do something wrong, but we do not really want them front and centre. We do not want the rules to be the question; we want the competitors, those seeking the vote and the hope of Canadians, to be the story. That gets very difficult if major rule changes are introduced at the last minute. If we are hiring the referee at the last minute, we make the whole job of running an election in Canada, which is difficult already, even harder.

With a Liberal government that had blatantly betrayed a promise that was repeated 1,800 times to Canadians that 2015 would be the last election under first past the post, a government that has already lost the favour and trust of many Canadians when it comes to democratic voting issues, one would have thought there would be a whole bunch of urgency and importance placed on something like this to try to regain some of that trust, the basic trust in the competence of the government to bring in rules, the basic trust in the government's willingness to work with the other parties. We have had a long tradition in Canada, regardless of which government is in power, that whenever we make major changes to the rules that govern our democracy, there would be not just an attempt but also a standard to achieve consensus among the major political actors, so that Canadians could understand that there was no bias in the rules and that the rules were not put in place to favour one party over another. The way to do that is to consult meaningfully, to seek and achieve the agreement of each of the parties.

Unfortunately, that tradition, which is not required in law but is something we should consider, was broken by the previous Conservative government. It wanted to bring in changes that the other parties and Canadians broadly did not like or agree with, and rather than negotiate and work with us in the full light of day, the then Harper government forced the debate through Parliament. It shut down debate time and time again, and the Liberals screamed as loud as anybody else about how unfair that was. We have a raft of quotes from Liberals in this House from that time.

The Liberals in fact introduced an opposition day motion condemning the Conservative government for doing it, and voted for that, saying, “How dare they shut down debate in Canada's Parliament around our election laws.” What did we see last week? The Liberals introduced a motion to shut down debate about changes to our election laws, as if they had not read their own speeches, as if they had not participated in the election that got them here, in which they said they would be different and would not do the terrible, nasty tricks that Stephen Harper did, and we believed them. We believed them because it had been so blatant and they had a mandate to be better, to be different from the previous government.

I should say before my time runs out that there are, of course, a number of things in this bill that New Democrats like: the reinstitution of vouching; creating the future electors list; helping folks with disabilities; helping veterans vote freely and fairly; making education part of the mandate of the Chief Electoral Officer, and not just how, where, and when to vote, but why to vote, especially encouraging young people. The Liberals make it so hard sometimes. They make it so hard to agree with them sometimes. Sometimes they do the right thing, but they do it so late, so poorly, and they do not talk to anybody. There is this strange sense of entitlement of their, one that I think they have to clean out their system. I do not know if it is possible for them to do that, because it has been baked in there, for some of them, for generations.

They have to understand that for the health of our democracy, for the health of that ecosystem, to grow and be nourished, we need to listen to all sides. We need to have respect for all sides, whether we agree with them or not. We need to come up with election laws that Canadians can trust to be non-partisan and to be fair for all actors involved, so that when Canadians cast their votes, they know that the rules are fair, the referee is fair, and that they can freely and fairly decide who will speak on their behalf.

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May 22nd, 2018 / 3:30 p.m.


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NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Mr. Speaker, it gives me great pleasure to rise today on the debate on Bill C-76. I know we have had a lot of conversations in this House of Commons about the Liberals and their plans for debating this bill or the ideas behind the bill.

As this House knows, Bill C-33 was languishing at first reading for 18 months. We then finally had the government bring in Bill C-76 on April 30. That was precisely during the month when the acting Chief Electoral Officer had informed the government and all members of Parliament that he wanted to see the changes on behalf of Elections Canada put in place in April 2018 so that Elections Canada would have the opportunity to implement the changes in time for the 2019 election. Here we are. It is now well past the halfway mark in May, and we are debating the bill at second reading.

I am by no means making an argument that the House should not have its look at this legislation. My main criticism is that the government has been sitting on this file for so long and has really left it to the eleventh hour to bring in major reform of our electoral system. The Liberals have made arguments that this issue has been looked at by the procedure and House affairs committee and that these concepts have been debated. I acknowledge that this is the case, but debating issues and policies at the procedure and House affairs committee is very different from actually looking at a piece of legislation, especially one that is as large as this particular bill. To dump this bill into the House of Commons on April 30, to have its first-day debate on May 10, then May 11, and then today, and then to suddenly expect the House of Commons to do its due diligence, when the government was aware all along of the constraints it was facing, really does a grave injustice to the people of Canada and to the members of this House who are here representing the people of Canada.

The other thing that we in the NDP are fairly critical of is the fact that there were some missed opportunities in this piece of legislation. For example, we all know that this Prime Minister, both in the 2015 election campaign and in this House, repeated the promise that 2015 would be the last election held under first past the post. That is a missed opportunity.

We had a special committee on electoral reform. I had the honour of sitting on that committee when it was going through the Atlantic provinces, and I remember hearing from Atlantic Canadians, both experts in the field and normal, everyday Canadians, who took time out of their day to appear before our committee in Halifax, in St. John's, in Fredericton, and in Charlottetown, to give us their views on what electoral reform should be. I thought the report by that special committee, which was formed by this House upon the recommendation of my colleague from Skeena—Bulkley Valley, was quite comprehensive and reflected a majority of the views of Canadians.

The way we reached a consensus was that all the parties on the opposition benches tried to work out our differences. I know that my Conservative colleagues have had a few problems with some of our ideas on electoral reform, but we in the NDP, the Green Party, and the Bloc Québécois decided that to arrive at a compromise so that we could have a committee report backed by the majority of the members on that committee, we would agree to hold a referendum to give Canadians the ability to decide whether they wanted to go past first past the post into a new system that would perhaps be something closer to proportional representation. It is just a fact of life here in Parliament that the governing party usually gets in with 39% of the vote. The ironic thing is that 60% to 61% of Canadians actually vote for members of the opposition parties, yet our voices continually lose out when it comes to votes in this place.

On the subject of missed opportunities, my colleague from Vancouver Kingsway mentioned this. There was an opportunity to go back and extend the media blackout so that the citizens of British Columbia who had yet to cast their votes would not be unduly influenced by a broadcaster announcing the results before the polls closed. We talk about fairness in this place. Where is the fairness for British Columbia when people are lining up at 6:30 or are just about to leave the house to go vote, and CBC comes online and says that the election has already been won and that we are going to get a Liberal majority? That is not fair to the people of British Columbia.

I acknowledge that we cannot do anything about social media. We cannot do anything about people on Twitter, Facebook, or Instagram announcing the results, but we can at least make an effort so that our major broadcasters are not dumping this on the news and providing those kinds of updates. That was a missed opportunity.

I also think that in some ways, we could have provided an opportunity for a per-vote subsidy. In the NDP, we have always talked about this. The argument made is that we should not have public financing of our political system. Guess what, folks. When people make donations, especially generous donations, they are eligible for tax credits, which they can then apply, so we are actually giving people a reward from our public funds. Political parties are eligible for reimbursement of a certain percentage of their eligible election expenses. Our tax dollars are already being used, but they reward people with the means to make donations.

Before I continue, I want to notify the House that I will be splitting my time with the hon. member for Skeena—Bulkley Valley.

Continuing in that vein, a lot of my constituents struggle to pay the bills. Usually these families are living day to day and paycheque to paycheque, and they do not have the means to invest $100 in a political party. They certainly do not have the means to invest $1,500.

Through this system, political parties have to chase the money to stay competitive. I would like to see a system in which votes are put more on an equal plane and political parties are, in fact, rewarded for going after and getting the vote out rather than for going out and seeking the highest donor to fund their election expenses.

There are some good things. I will use the last bit of my speech to talk about the limit that would be placed on election length in this particular bill. I very much appreciate that the government has adopted my idea, because I introduced Bill C-279 in 2016, which sought to place a cap on the length of elections of a maximum of 46 days. I got this idea from the 2015 election, when we all had to go through the marathon 78-day campaign. I had a lot of constituents asking me why we needed an election that was 78 days and saying that they could easily make their decision in 36 days or 40 days. Obviously, the intent was to lengthen the election to such a point that money became an incredibly huge factor.

When we look at our neighbours to the south, the influence of money in politics is an insidious thing and can be a slippery slope. I am very glad the government has taken my private member's bill and sucked it up into Bill C-76 to make it part of this legislation. I am very glad to see that.

I am also glad to see that we will be registering future electors from age 14 to 17 and that we will allow child care expenses to be reimbursed. I would like to see more single parents have the opportunity to run as candidates. If we are truly going to be a representative House, we have to start reaching out to members of our society who do not often get that opportunity. We had an opportunity with the member for Burnaby South's bill, which would have rewarded political parties for trying to establish equity.

I see that my time is almost up. I will conclude by just acknowledging that the NDP will be giving its support in principle to this bill at second reading. We, of course, know that there will be a lot of hard work ahead in committee.

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May 22nd, 2018 / 3:25 p.m.


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Liberal

Andy Fillmore Liberal Halifax, NS

Mr. Speaker, the answer is a very simple “yes”. A number of measures within this very weighty bill are focused on the Canada Elections Act to help make election financing more transparent, to increase the access of eligible Canadians to the ballot box, and to in general allow Elections Canada to educate Canadian people on where, when, and how to vote. This is a tremendous step forward, one that we might not have had to take if it were not for the Fair Elections Act of the previous government. I see in Bill C-76 that we are not only making up the lost ground but covering some excellent new ground as well.

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

Democratic ReformOral Questions

May 22nd, 2018 / 2:35 p.m.


See context

Burlington Ontario

Liberal

Karina Gould LiberalMinister of Democratic Institutions

Mr. Speaker, I look forward to working with my colleague on this bill. I am glad he brought up the unfair elections act, because Bill C-76 does so much to reverse the changes that were put in place that limited democracy and limited people's rights to vote, and we are looking forward to working with our colleagues in the NDP to make sure that we can encourage more people to vote in Canada, get young people voting, encourage women to run for politics, and ensure that we are protecting the integrity of our electoral system.