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. The Library of Parliament often publishes better independent summaries.

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 / 4:30 p.m.
See context

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.
See context

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.

Elections Modernization ActGovernment Orders

May 22nd, 2018 / 4 p.m.
See context

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.

Elections Modernization ActGovernment Orders

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

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.

Elections Modernization ActGovernment Orders

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

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?

Elections Modernization ActGovernment Orders

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

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.

Elections Modernization ActGovernment Orders

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

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.

Elections Modernization ActGovernment Orders

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

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.

Elections Modernization ActGovernment Orders

May 22nd, 2018 / 1:45 p.m.
See context

Halifax Nova Scotia

Liberal

Andy Fillmore LiberalParliamentary Secretary to the Minister of Democratic Institutions

Mr. Speaker, I am pleased to rise today to participate in the debate on this important bill, Bill C-76, the Elections Modernization Act.

This legislation is about ensuring that we break the barriers Canadians have been facing in their efforts to participate in our democracy. It is a significant piece of legislation. It will make our electoral process more secure and transparent by regulating advertising during pre-election and election periods, prohibiting foreign entities from spending any money to influence Canadian elections, and requiring political parties to provide an easy-to-read privacy policy.

Although there are many parts to this bill, today, I want to talk about how this legislation will make it easier to vote and ensure that all Canadians are able to participate in our democratic process.

Although there are many parts to this bill, today I want to talk about how this proposed legislation would make it easier for eligible Canadians to vote and how the bill would ensure that all Canadians are able to participate in our democratic process.

Whether a Canadian is living abroad, has a disability, is in the Armed Forces, lives in a care facility, is at university, has no fixed address, or is working an inflexible schedule to provide for their family, no one should face barriers to vote. Voting is a right, and as the federal government, it is our responsibility to make voting accessible to all Canadians. I firmly believe that the strength of our democracy depends on the participation of as many Canadians as possible, and that is why first and foremost this proposed legislation would undo many of the restrictive voting laws put in place by the previous government.

The previous government also put in place legislation to amend the Canada Elections Act, but its legislation was not drafted with Canadians and their needs in mind. It made it harder for Canadians to vote. Among other things, the so-called Fair Elections Act eliminated the use of vouching and the use of voter identification cards as a form of ID. This was a form of voter suppression. It was the gerrymandering of not a polling district's boundaries but rather the gerrymandering of the very act of voting itself.

A 2016 Statistics Canada survey found that approximately 170,000 Canadians did not participate in the last election because of the Conservatives' decision to make voting less accessible. The Harper government was determined to wring political gain from every measure and was determined to bring a fierce partisanship to something that ought to not have been partisan.

Official opposition members will tell us that it is not that hard for Canadians to obtain proper ID. They will make false comparisons between voting and boarding an airplane or buying a six-pack of beer. In fact, how curious to hear from the member for Banff—Airdrie raise this old canard this afternoon mere hours after he and I both heard the acting Chief Electoral Officer say at the procedure and House affairs committee that voter ID cards need to be used in conjunction with another piece of ID in proving the elector's identity. The names must match on the identification and the VIC. The level of integrity in that process is very high. We used it in 2011 and there were no concerns of fraudulent use.

Therefore, let us retire this old fiction, shall we?

According to Elections Canada, 68.3% of eligible voters cast their ballot in 2015, which is up 7%, or over 2.5 million, from 2011. This was not because the Conservatives' Fair Elections Act removed barriers to voting but rather because Canadians stood up against the barriers created by the Conservatives. We have listened to Canadians, and we have been delivering and will continue to deliver real change for the middle class and for all Canadians.

For Nova Scotians, getting a piece of government-issued ID is not always affordable. The cost of a driver's licence is nearly $90. The cost of a passport is over $100. Reinstating both vouching and the voter ID card will help not just Nova Scotians at the polls but all Canadians who cannot afford these pieces of identification to vote.

Bill C-76 would repeal many elements of the previous government's legislation and ensure that all Canadians have the ability to participate in a democratic process. We believe that voter participation actually strengthens our democratic system—unlike the Conservatives, who continue to produce barriers and continue to breed cynicism around our democratic processes.

My constituents in Halifax have shared with me their concerns about how difficult it can be to vote. Long lines at the polls, unexpected life events, work or personal responsibilities, confusion around where to vote, and lacking proper ID are all reasons to stay home on election day. Canadians in my riding work hard, and I suspect my colleagues in all corners of this House would say the same about their constituents. No one should be prevented from voting because they are working hard to provide for their family, caring for a loved one, are away from home for work or school, or have other responsibilities on election day.

We can make voting more convenient.

The elections modernization bill will make voting more convenient for all Canadians. We will streamline the intake procedures during regular and advance polls to reduce wait times, and increase the hours of advance polls to 12-hour days.

Currently, there are barriers in place that have made it more difficult for some Canadians to take part in the democratic process. This includes persons with disabilities, members of the Canadian Armed Forces, and Canadians living abroad. We want to make it easier for all Canadians to engage with our democracy.

This legislation would increase support and assistance for Canadians with disabilities by expanding accommodation measures to include all Canadians with disabilities, not just those with physical disabilities, and this includes expanding the option of at-home voting.

Let us talk about Canadian Armed Forces members, who make tremendous sacrifices protecting and defending our democracy. Our government will make it easier for soldiers, sailors, and air personnel to participate in our democracy. We will do this by allowing them the flexibility to vote at regular polls where they reside in Canada, to vote abroad, to vote in advance polls, or to vote in special military polls, as they currently do. This is a big issue for voters in my riding, Halifax, many of whom serve in the Royal Canadian Navy. I hope that my colleagues who represent ridings with Canadian Armed Forces personnel will be in support of the bill.

I imagine there is not a single member of the House who does not represent some constituents living abroad. Whether they are there for work, for school, or to support their families, Canadians living abroad should still have the option to continue to participate in our democracy and have their say on issues that are important to them. Currently, non-resident Canadians may vote only within five years of leaving Canada and must demonstrate an intention to return to Canada.

Through Bill C-76, our government will restore voting rights to more than one million Canadians living abroad.

In the past, Elections Canada has engaged in a range of educational activities with Canadians as part of its core mandate of administering elections. Unbelievably, in 2014, the Harper Conservatives limited the Chief Electoral Officer's education mandate, removing the CEO's ability to offer education programs to new Canadians and historically disenfranchised groups.

Our government believes the Chief Electoral Officer should be able to communicate with all Canadians about how to access their democratic rights. Our government believes the participation of as many Canadians as possible is essential to having a strong democracy.

That is why Bill C-76 would restore the Chief Electoral Officer's mandate to undertake broad public education campaigns about elections. This is not about partisanship. This is about ensuring that all Canadians know where, when, and how to vote. We want Canadians to be ready for election day.

Through the bill, we would empower Canadians to vote and, more broadly, to participate in our democracy. I am proud to be part of a government that is committed to strengthening Canada's democratic institutions. We want to restore Canadians' trust in our democracy and, if passed, Bill C-76 will do just that.

Elections Modernization ActGovernment Orders

May 22nd, 2018 / 1:35 p.m.
See context

Liberal

Doug Eyolfson Liberal Charleswood—St. James—Assiniboia—Headingley, MB

Mr. Speaker, I will be splitting my time with the hon. member for Halifax.

It is my honour to speak in favour of Bill C-76, the Elections Modernization Act. There are many important facets of the bill, but today I will focus on how this legislation would address barriers that prevent some Canadians from participating in the democratic process.

There are four groups of people that regularly encounter difficulties at the ballot box: persons with disabilities, those who have difficulty producing identification, electors living abroad for more than five years, and women and men who serve in the Canadian Armed Forces.

Let me begin with electors who have disabilities, both physical and cognitive. Elections Canada has made efforts to help electors with mobility issues by introducing provisions to provide what has been referred to as level access. An example is providing ramps for wheelchairs at polling stations.

The bill would expand upon the options for persons with disabilities who, for reasons of their disabilities, would be better served by casting their votes in locations other than their originally assigned polling stations. Currently, to acquire a transfer certificate, an elector needs to apply in person to the returning officer or the deputy returning officer. Under the provisions of this bill, the Chief Electoral Officer would be given greater discretion as to how to provide that certificate, with an eye to making it easier for persons with disabilities to vote.

Another provision of this bill would expand the ability of electors with disabilities to be visited by an election officer to vote at home. This option would be available where the polling station was not accessible to the elector.

Another kind of barrier is encountered when electors come to the polls and find that they do not have the appropriate ID to provide their name and address. Following the 2015 election, Statistics Canada found that an estimated 172,000 electors who did not vote stated a lack of ID as the reason.

The bill before us would restore the authorization of the voter information card as identification at the polls and the practice of vouching by another eligible elector for the identity and residence of someone without the necessary ID.

Research has shown that when authorized, voter information cards have been beneficial to groups that have traditionally voted in lower percentages than the national average. These groups include students and indigenous electors. The research also demonstrates that seniors in residences and long-term care facilities use voter information cards as ID 73% of the time. These cards are readily identifiable, easy to use, and with appropriate safeguards, a secure way to establish a right to vote. Indeed, during a federal election, these cards are perhaps the most accurate piece of government-issued identification.

The Chief Electoral Officer has long recommended allowing these cards to be used. The bill before us would allow the Chief Electoral Officer to add the voter information card as an approved form of ID, at his or her discretion. To ensure the continued integrity of the process, an elector would still be required to show an additional piece of identification confirming identity, alongside the voter information card, as was the case prior to the adoption of the so-called Fair Elections Act.

The bill before us would also restore the practice of vouching as a method to make voting more accessible. Under the provisions of this bill, an eligible voter would be able to establish both the identity and the residence of an otherwise eligible voter who did not have ID. In other words, they could vouch for the voter.

Restoring vouching would make it easier for people without the required ID, such as individuals who are homeless, to vote. However, we would ensure that there were safeguards so that the vouching system was not abused. The person vouching would have to have proper ID and reside in the same polling division as the elector being vouched for. One elector would not be able to vouch for more than one other elector, and an elector who had been vouched for could not then vouch for another elector. This would prevent the practice of serial vouching, in which people might in effect vouch for each other.

This brings me to the third group currently denied access to Canadian elections: Canadians who have lived abroad for more than five consecutive years. Under the bill before us, electors who have lived more than five consecutive years outside of Canada would be entitled to vote. The electors would also no longer need to have a stated intention to return to Canada.

The current system provides non-resident voters with a wide choice among the electoral districts where their ballots could be counted. The bill before us would stipulate that non-resident electors would be required to vote in the electoral district corresponding to their last place of ordinary residence in Canada.

Finally, let me turn to the Canadian Armed Forces electors, whose voting rights are defined in division 2 of part 11 of the Canada Elections Act. These provisions were initially implemented to help armed forces personnel participate in the election process. Over the years, other parts of the act have been amended to reflect changing realities, but division 2 of part 11 has not. This facet is important to me because in Charleswood—St. James—Assiniboia—Headingley is a Canadian Forces base, 17 Wing Winnipeg, and other important military institutions that play a crucial role in the community.

It is our responsibility as members to protect the rights of our brave women and men who protect us on a daily basis. Elections Canada has been working with the Canadian Armed Forces to determine the best way to facilitate voting by Canadian Armed Forces electors. The bill before us would provide Canadian Armed Forces electors with options for voting similar to those enjoyed by other Canadians. The statement of “ordinary residence” would be eliminated and Canadian Forces electors would be able to update their information like any other elector. This would enable them to cast their votes in the electoral district to which they have the strongest connection.

Since we now have fixed election dates, the Minister of National Defence would be able to designate election liaison officers to help facilitate the military polls before the writ is dropped. It is hoped that the percentage of Canadian Forces electors who cast a vote will increase in the next election as a result of these measures.

Each of the provisions I discussed will not only make it easier for Canadians to participate in elections but will also strengthen our democratic institutions and our democracy as a whole. I hope hon. members from all parties will support this bill and I look forward to a thoughtful and fruitful debate on this important matter.

Elections Modernization ActGovernment Orders

May 22nd, 2018 / 1:25 p.m.
See context

Halifax Nova Scotia

Liberal

Andy Fillmore LiberalParliamentary Secretary to the Minister of Democratic Institutions

Mr. Speaker, Bill C-76 is not an omnibus bill. “Omni” means pertaining to all things. That would be if a bill was about beef and veterans or about health and defence. This is about one thing only, and that is the Canada Elections Act.

Members may recall that during the debate on the previous government's Fair Elections Act, the former Conservative member for Mississauga—Streetsville claimed that he had witnessed voter information cards being stolen from garbage cans and given to others to use to vote for fraudulent purposes. Of course, he later had to retract that, because it was a false statement. That was very interesting.

Even earlier today, the hon. member's colleague talked about people being able to pull voter ID cards out of mailboxes. People cannot use those unless they have ID that has their address on it. There is no fear here. This led to the acting Chief Electoral Officer, just this morning, telling PROC that there was zero evidence of fraud during the 2011 election and that he considers the integrity of the voter ID card to be extremely high.

I wonder if the member could tell the House why he is so focused on gerrymandering, not political boundaries, but gerrymandering the very act of voting itself in this country.

Elections Modernization ActGovernment Orders

May 22nd, 2018 / 1:05 p.m.
See context

Conservative

Blake Richards Conservative Banff—Airdrie, AB

Mr. Speaker, it is a pleasure to stand to speak to this legislation.

The Liberal government is really good at saying one thing and doing another, and Bill C-76 is another classic example of exactly this point.

First, the fact is that this is an omnibus bill. It is a 350-page bill. The Liberals can say what they want about the previous government's use of omnibus legislation, but they have plain out campaigned against the use of it. The 2015 Liberal Party platform said:

...Stephen Harper has also used omnibus bills to prevent Parliament from properly reviewing and debating his proposals. We will change the House of Commons Standing Orders to bring an end to this undemocratic practice.

Here we are today, debating a 350-page piece of legislation. It is certainly omnibus legislation, and not the Liberals first use of it either. There is a term I could use to describe that, but it is unparliamentary language so I will not use it.

However, members do not have to take it from me. Senate Liberal Joseph Day stated recently, “This government has evidently abandoned its election promise to end the practice of omnibus bills”, and indeed it has. Bill C-76 is a shining example of that.

That is not the only broken promise or the use of Liberal doublespeak I will be talking about today. In fact, that is just the tip of the legislative iceberg on the level of egregiousness the Liberals have used in this bill.

What is worse is that the Liberals sat on the predecessor of Bill C-76, which was Bill C-33, for almost two years without debating it even once. November 24, 2016, was when Bill C-33 was tabled. It is now past the eleventh hour. The deadline of April 30 was set by the acting Chief Electoral Officer. He stated for some time, as did his predecessor, that action needed to be taken by a certain time in order to change electoral legislation.

I think it was a few weeks ago when the acting Chief Elector Officer was before the procedure and House affairs committee once again. He testified that April 30, 2018, was the absolute drop-dead date that he would need to have legislation, with royal assent, in order to have it implemented prior to the 2019 federal election. Maybe the Liberals slightly misunderstood that and thought it had to be tabled by April 30, because that is when they tabled the legislation. However, the Chief Electoral Officer was quite clear that the bill would need to have had passed and received royal assent by that date. Therefore, here we are late into May and just starting to debate it.

The Liberals have slapped a bunch more changes on Bill C-33 and have rushed it out the door. We have even heard reports of the Liberal's minister did not knowing what was in the bill. This was indicated in a Huffington Post article, entitled “Bill C-76: Democratic Institutions Minister's Office Didn't Know Elections Bill Closes Loophole”. Even their own minister and his office were not familiar themselves with what was in the bill. That is how quickly the Liberals rushed this thing out. Then they expected members of Parliament to digest the 350-plus pages so quickly that after one hour of debate, they gave notice of time allocation.

The minister has invited members of Parliament to submit amendments to the bill, but as it turns out, the bill already would accomplish things that the minister did not even realize. The minister's communications director told the Huffington Post in that same article “neither she nor [the minister] was aware that the bill actually addresses the long-standing loophole.”

He went on to say:

She wasn't certain why all the government's communications material relating to Bill C-76, the Elections Modernization Act, makes no mention of it or why officials had also glossed over the change.

As a legislator, that certainly does not instill too much confidence in me and my colleagues when neither the minister nor his staff know what this legislation does, or what is even contained in it. I am not sure whether that is incompetence or a result of political masters having no idea of what bureaucrats are doing, or what it is, but any way, it is completely unacceptable.

What we have in Bill C-76 is the Liberals claiming to fix a problem, but actually making it worse in the process. What they are proposing with regard to third party spending, for example, would increase the potential opportunities for foreign money and foreign interference in our democratic process. There have been numerous claims about millions of dollars in foreign funding being funnelled into third party advocacy groups here in Canada during the last election. It is something we have raised time and again as an issue and a problem. If we look at the Ontario provincial election currently in progress, we can see the practice of third party advocacy and advertising in action now. Global News reporter, David Akin tweeted on May 4:

Coincidental? As shadowy @ActWow seeds social networks fear-mongering about Ford cutting healthcare, latest release from @ontario_liberal party is … fear-monering about Ford cutting public services.

Akin was wondering whether the messaging being tied together in that regard was just coincidental.

Canadians would certainly not have an issue if these third parties were solely funded and supported by Canadian money, because third party groups certainly have a right to have its say in our elections. However, I think people would expect that these would be funded and supported by Canadians, and not a result foreign money coming in to push viewpoints upon Canadians and to interfere in our elections. However, we are certainly seeing more of that. We are seeing foreign entities funnelling money into Canada through these third party groups to try to affect the outcomes of our elections. I think all Canadians expect that only Canadians should be allowed to determine the outcome of our elections.

Foreign interference in Canadian policy is happening already, and it is time that the Liberals realized it. There are groups like the U.S.-based Tides Foundation that have poured considerable amounts of money and manpower into shutting down our oil industry. Its goal is to land-lock Alberta and our oil, and it does not care how many Canadians it puts out of jobs. It does not care how many opportunities are lost to Canadians as a result. It is not concerned about that.

The loudest groups, like those against the Trans Mountain expansion project, are usually foreign funded. They are acting in ways that do not serve the best interests of Canada. However, only Canadians should be able to determine Canadian policy.

Currently, Canadians are allowed to contribute $1,575 annually to political parties or to candidates, and corporations or unions are completely banned from making those types of contributions. Under the government's proposed legislation, foreign entities could contribute an unlimited amount to third parties to engage in campaign activities just weeks before an election.

Third parties wish to behave like political parties and engage in campaigning. That is certainly fine. We live in a democracy. They are able to do that. However, they should be required to follow the same rules that political parties do. They should be held to the same kinds of standards that political parties are. If a political party needs to account for and pay for campaign expenses like polling and organizing rallies, so should third parties.

If not, John Ivison of the National Post rightfully pointed out that it could lead to U.S.-style political action committees emerging, funded in part by foreign money, to influence federal elections. It is not just me and my colleagues in the Conservative Party who are speaking to this; it is coming from a media source as well, and others out there. It is certainly a pretty accurate concern. It is a concern that many Canadians would have if they were aware of this.

Does the Liberal government want to see big money, foreign-backed political action committees here in Canada? I ask because that is what we are getting, and it is due to its inaction on this very serious threat to our democracy. The vote and voice of each Canadian is diminished when foreign parties try to sway the outcome of our elections. Foreign interference in our elections is a concern I have heard from many Canadians, and I am sure that all members have heard those same kinds of concerns.

I will turn now to another common concern I hear, namely, voter identification. It is really unfortunate that the Liberal government is going to weaken the laws on the requirements for proving one's identity when one votes. The Liberals want to move backward and allow the use of voter information cards as acceptable pieces of ID for voting.

There is a high rate of error in the elections register. Elections Canada shows that in the National Register of Electors, there can be error rates as high as 16% in the records at any given time. It is a very significant, high rate. In the last election, the rate of erroneous cards sent out was also quite high. There were nearly one million of them erroneously sent out in the 2015 election. This policy could really have far-reaching implications, and certainly leaves our Canadian democratic process open to the potential for fraud.

In their response to Parliament and written Question No. 333, Elections Canada and the Privy Council Office said that “there were 986,613 updates to elector information during the revision period which resulted in another Voter Information Card (VIC) being mailed to the elector.” That was during the last election.

As well, there were 509,397 individuals who received voter information cards, representing about two per cent of the voter information cards, who proactively advised Elections Canada of incorrect information on the cards. Those are the numbers of those who notified them.

How many more did not, in fact, notify Elections Canada of errors? It was about 16%, as I mentioned earlier, according to the testimony of the previous Chief Electoral Officer, Mark Mayrand, of Elections Canada. He confirmed the statistic I just gave: 16% of entries in the National Register of Electors are erroneous at any given time. He also indicated that after the revisions period during an election, the error rate is still approximately 12%. That is a pretty significant error rate, one that could potentially affect three million or four million electors, because the National Register of Electors contains about 26 million electors.

This legislation would allow the use of the voter information cards, which have an average error rate of 16%, as an acceptable form of ID to vote. Again, 16% is roughly four million electors. That means that with voter information cards, nearly four million electors could be sent erroneous information. For the life of me, I do not understand how the Liberal government could see that as acceptable. Right now, there is a long list of potential pieces of ID that can be used and are acceptable to Elections Canada for voting.

There are 39 potential forms of ID available for electors to use. They range from drivers' licences, to bank statements, to letters confirming residency, and even e-statements and e-invoices are acceptable if they are shown on a mobile device. There are 39 different forms, and it is hard to imagine a scenario in which someone would not have one of the 39 forms, and yet they would have a correct voter information card. That is very hard to imagine.

It is really not too much to ask that Canadians show some form of ID before casting a ballot? That is not unreasonable, and it is not just me who thinks that. Canadians overwhelming accept that showing ID before voting is a positive thing. When polled, 87% of Canadians indicate it is reasonable to require someone to prove their identity before they vote. The Liberal government needs to explain to those Canadians why it does not think that ID should be required to vote. Why does it not want to protect our electors from potential voter fraud?

We want to encourage as many Canadians as possible to vote, but we have to do everything we can to ensure that we prevent all potential avenues of voter fraud as well. People are expected to show ID before they rent a car, check into a hotel, buy alcohol or tobacco, or consume marijuana, and before they board an airplane. I could go on and on with that list. Why not for voting as well? That is a question the government has failed to answer, but leave it to the government to introduce a bill that is 350 pages long and lacks some specifics.

There have been all kinds of attempts by the government to make changes to its benefit. The Liberals have been caught in scandal after scandal, with ethics violations and cash for access to the Prime Minister, and when they tried to make electoral changes to their benefit. If they had wanted to do something to strengthen democracy rather than attempt to benefit themselves, they would not have sat on their hands with this piece of legislation for two years. They waited until we were past the eleventh hour to bring forward this legislation, and nothing was done to properly consult with opposition parties in the process either.

Conservative Party members have raised the issue of foreign interference in our elections multiple times. The Liberals could have maintained that voters need to have proven identity to vote. They could have ensured there were proper privacy safeguards for our children, but none of those things were done. We are left with a massive disaster of omnibus legislation that the Liberals are trying to rush through after waiting and delaying and making other attempts to try to benefit themselves. Here we are with legislation that is 350 pages long. After one hour of debate, they moved notice of time allocation. It is absolutely astounding that the government breaks every promise it has made during the election. It continually says one thing and does another, and this legislation is another example of that.

We will continue to push the Liberals on that, and I know that Canadians will hold them accountable as well. I look forward to taking questions on the bill.

Elections Modernization ActGovernment Orders

May 22nd, 2018 / 12:35 p.m.
See context

Liberal

Francis Scarpaleggia Liberal Lac-Saint-Louis, QC

Mr. Speaker, today I will be splitting my time with the member for West Vancouver—Sunshine Coast—Sea to Sky Country, the very dynamic Parliamentary Secretary to the Minister of International Trade, who does a wonderful job advocating for her constituents.

We tend to take democracy for granted and in some way I suppose this is understandable when one is born into one of the best democracies in the world, Canada's. When one is born into a democracy or relative prosperity, it is not always easy to imagine there was a time when things were not as good, or there are places in the world that have not achieved this level of democracy or prosperity. In this regard, sometimes it is new Canadians, refugees especially, who remind us that there are places in the world where there is no democracy, where there are strong-arm dictators, where there are no rights, and where there is corruption. Sometimes we forget that when we debate in the House. We do not realize there are places where there are real democratic problems.

We live here, in Canada, the best democracy in the world. It is a highly evolved democracy, one based on respect for individual rights and freedoms. However, it is flexible enough to also recognize and respect the rights and interests of communities, in particular official language minority communities.

That said, we must respond to any attempt to weaken the underlying principles that support our great democracy. That is the objective in part of this bill, which would reverse certain measures previously implemented in an attempt to suppress Canadians' right to vote. Bill C-76 would also establish measures to strengthen the foundation of our democratic system by also fostering a higher participation rate in federal elections through education programs and the registration on the voter list of youth from the age of 14, even before they have the right to vote. We want to give them the opportunity to get on the voter list in advance.

Voting is a hard-earned right, something we must encourage in order to have a better and stronger democracy, a democracy where government decisions reflect the will of the largest number of people, and not of special interests. Voter suppression does not serve the democratic interest, obviously.

What would Bill C-76 do? It would do a number of things to improve our democracy. Let us start with the fact it would limit the length of elections.

As we know, 2015 will go down in history as the longest campaign ever. Ironically, the previous government brought in fixed-election dates purportedly to prevent governments from using election timing for partisan advantage, but then it broke the spirit of that legislation by calling an election in 2008, long before the fixed date and without real reason.

Bill C-76 tries to prevent governments from using their position and their insider information to manipulate the electoral process to their advantage, to create campaigns that last 60 or 90 days for partisan reasons.

I heard the hon. member say that the timing of the election by the former prime minister was done out of a great sense of fairness. That was not the case: there were strategies behind the timing of the dropping of that writ. Bill C-76 tries try to do away with this power that governments have to manipulate the length of an election for their own purposes.

Bill C-76 would also make important changes to spending limits. Our Canadian democracy, while resembling many advanced democracies, also has its own shadings, if I may say. Most Canadians believe that diversity, including diversity of opinion, is essential to a healthy democracy. This does not mean that some views will not win out in an electoral contest, but only that the electorate has a right to be exposed to a variety of ideas in order to have a broad choice of ideas that a majority of voters will judge most desirable, and thus merit implementation.

In Canada, we believe that measures to safeguard and promote diversity of opinion are essential to a well-functioning and healthy democracy.

Our neighbour to the south, the United States, has a different view of this, in a way. For example, the U.S. Supreme Court has taken the view that money is speech, and that those with more money have a bigger say, as it were. I refer to a court case in the United States in 1976, Buckley v. Valeo, where the majority ruled that spending limits during elections are unconstitutional because they contravene the first amendment right to freedom of speech.

In that decision, a minority view was expressed. Justice Byron White dissented in part and qualified election spending as “a mortal danger against which effective preventive and curative steps must be taken.”

Justice Byron's view is more in line with that of our own Supreme Court, which has taken the egalitarian or “level playing field” position when it comes to spending limits.

In 2004, for example, in the case of the Attorney General of Canada v. Stephen Joseph Harper, the court found that although spending limits, in that case third party spending limits, infringe on section 2(b) of the charter, the law was reasonable and justified under section 1. By a majority of six to three, the court ruled:

In the absence of spending limits, it is possible for the affluent or a number of persons pooling their resources and acting in concert to dominate the political discourse, depriving their opponents of a reasonable opportunity to speak and be heard, and undermining the voter’s ability to be adequately informed of all views.

We know, for example, that the fixed election date law that was brought in by the previous government had, in a sense, an unintended consequence. When we know when the election is going to be, spending can be ramped up. If candidates can afford it, they can ramp up spending well in advance of the date that the writ is to be dropped. We saw that happen in spades in the last Parliament. We saw the Conservative Party ramping up its partisan advertising long before the writ was dropped.

Bill C-76 is essentially trying to correct that unintended consequence of fixed election dates by making it illegal to engage in partisan advertising in the pre-election period, defined as beginning June 30 of the election year. To be more precise, it will be allowed but only to a maximum of $1.5 million.

This bill also encourages voting by allowing young people in Canada, those 14 and over, to register to vote when they turn 18. In other words, it encourages them to start thinking about voting long in advance.

I know we all visit classrooms, and we see that students are quite interested in what is going on in the political realm and the societal realm. This goes against the narrative we always hear about young people being disengaged from politics or being apathetic. When we go into classrooms, regardless of the party to which we belong, we all see that young people are indeed keenly interested. We owe it to the teachers in this country who take it upon themselves, either as part of a curriculum course or outside the constraints of the curriculum, to engage students about politics.

This bill will allow students to register, and will of course create discussion within classrooms. They will start thinking about who they might want to vote for, or which party they might want to vote for. As has been said many times in this House, once somebody votes, especially at a young age, they are more likely to continue voting throughout their lifetime. This particular measure in the bill will encourage first-time voting for young people. This is another very good aspect of the bill.

I will leave it at that for now. I look forward to any questions my colleagues might have.