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 / 12:20 p.m.
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Conservative

Alupa Clarke Conservative Beauport—Limoilou, QC

Mr. Speaker, thank you for giving me the opportunity to speak today as we get back to the House after a week in our ridings. Last week was very busy, I must say. I also want to take this opportunity to say hello to the many constituents of Beauport—Limoilou who, as always, are watching now on Facebook Live or who will be watching at a later time when the videos are posted on CPAC.

Today we are talking about democratic participation, which I find fascinating. If there is one thing that interests me most in life, it is democratic participation. This was the reason I got involved in politics. I urge Canadians to get involved. Last week I held the first-ever “Alupa à l'écoute!” public consultation in Beauport—Limoilou. I spent more than six hours listening to my constituents and answering their questions. Ultimately, my goal was to hear about the concerns, challenges, and difficulties they face in their day-to-day lives. The next consultation will be in Giffard on September 13, and the third will be in Beauport on November 17. For more information, people can call 418-663-2113. After these three public consultations, I will produce a report in the winter of 2019 and introduce a bill to address an issue that people face in their day-to-day lives. In those six hours last Thursday, I answered every question from around 40 constituents. I was very proud, because this kind of democratic accountability is absolutely essential. That actually ties into this bill.

Let us talk about participatory democracy. Once again, Bill C-76 is not all bad, but we expect that the Conservatives will vote against this bill for specific reasons. I did say “expect”, but that will depend on what happens in committee. My first impression is that this is another attempt by a government that brags about its international and national brilliance. Specifically, the Liberal government thinks it has a monopoly on being virtuous all the time. They want to sell to Canadians on the idea that with this bill they are again improving the accessibility of the electoral system and the eligibility to vote. A number of Liberal colleagues spoke in this place about the integrity of the system. With respect to Bill C-76, we feel that some of the amendments and new rules will directly or indirectly undermine Canada's electoral system.

My Liberal colleague, who as usual was fiery and spouted anti-Conservative rhetoric, said that voting is of course a fundamental right, but that it is also a privilege, as my colleague from Lethbridge stated. It is a privilege that requires a right and individual responsibility first and foremost. The laws that govern Elections Canada at present seek not just to foster participation, but also to ensure that this duty is carried out with integrity and responsibly. It is really a conflict between how to increase the public's participation and how to ensure that the right to vote remains a protected right.

The Liberal member for Willowdale spoke eloquently of the history of our great federation by talking about the changes in voting almost every decade; we went from suffrage on the basis of property ownership to popular ballot. We went from the popular ballot, just for men, to voting for women, thank God. It was Borden's Conservative government that gave women the right to vote. All the parties here, Canada's major governing parties, Liberal and Conservative, are always in favour of making voting more accessible.

We have some technical questions about the bill. That is unfortunate because, as my Liberal colleagues said, accessibility to the vote is a fundamental debate. Why did the Liberals move a time allocation motion a week ago? We were supposed to vote on time allocation today. Surely, the Liberals backed down after finding that they would look undemocratic by allocating only two or three hours of debate on such a fundamental issue.

In comparison, for Conservative Bill C-23, which dealt with Elections Canada and which was introduced during the 41st Parliament, we had four days of debate for a total of 14 hours, in addition to 23 meetings in committee, on this bill that was aimed at improving our electoral system. At this point, we have only had two hours of debate on Bill C-76.

As the NDP did, it is important to recall the concerns raised by the Chief Electoral Officer. He said that the government had previously tabled the amendments to Bill C-76 in Bill C-33, which died on the Order Paper. Actually, it did not exactly die on the Order Paper, because there was no prorogation, but it never got beyond first reading. The Chief Electoral Officer therefore told the government that it needed to get to work right away if it really wanted to make changes in time for the 2019 election. However, the government waited until the last second to make these changes, just days from the deadline set by the Chief Electoral Officer. Clearly, this is just another tactic to keep us from debating Bill C-76 properly.

Certain parts of this bill are fine, but what I find utterly astounding about it is that it proves that Mr. Harper was right back in 2015. The Liberals called us terrible, horrible partisans for announcing the election on July 1. However, the reason we did that was because Mr. Harper had noticed a problem. During the month of June 2015, unions, such as the FTQ in eastern Canada and other big unions in western Canada, which of course are free to protest, had spent tens of millions of dollars on partisan ads attacking the Canadian government in power at the time, which was a Conservative government. Since we could not respond to that situation because we were not in an election period, Mr. Harper, a man of unimpeachable integrity, decided to call an election so that we could respond using election expenses.

Throughout the campaign, the Liberals called us enemies of democracy who only cared about winning votes. In fact, they still say that about us today. However, by creating a pre-election period beginning on June 30 in Bill C-76, they are confirming, beyond a shadow of a doubt, that Mr. Harper was right to do the same thing four years ago. That is a tribute to our former prime minister.

What exactly would Bill C-76 do? It would expand voter eligibility. Apparently this bill would prepare future voters by creating a register of young people aged 14 to 17 so that Elections Canada can start communicating with them. That seems kind of strange to me because that is when young people are most likely going to CEGEP or community college and living in apartments with two or three roommates. I do not really know how that communication is supposed to happen considering that young people today use their phones and social networks such as Facebook to communicate.

My Liberal colleague said that Liberals support enfranchisement, but giving kids the right to vote is something else entirely. He said that voting is a basic right, but that there is discrimination inherent in our system because Canadian citizens under the age of 18 do not have the right to vote. Voting is not in fact a privilege and a basic right granted to everyone. There are limits, and we can all agree that those limits are good for democracy and the duty to vote because people under the age of 18 have to go to school and do their homework. I strongly agree with that. If they are not in school, they should at least be working or travelling around the world and around Canada without asking anyone for money. I can say for sure that, up to age 18, people should be preparing to exercise their civic duty. That is why people cannot vote until they turn 18. It is not in fact an absolute right for everyone. There is already some discrimination inherent in the right to vote in Canada.

Then there are three pre-election periods. I have already mentioned the pre-election period, so let us talk about the “pre-pre-election” period. There is already a problem with this one, since there will be no constraints on the financial commitments of domestic and international third parties.

Until June 30, we know very well that all the international environmental groups, who like to see the Prime Minister contemplating the death of the oil sands, will spend millions of dollars to promote the end of natural and energy resources in Canada, which is very bad news. Natural resources represent 40% of the Canadian economy. We are in an energy transition. The systematic blindness on the part of the Marxist left and the centrist left in Canada is astounding. We are always being told that we are not making any effort on the environmental front. Since 1960, the environment has been systematically and continuously improved. Let us also not forget that this 40% of the Canadian economy is used to fund hospitals, education programs and our elections, which still cost hundreds of millions of dollars.

They also want an extended period of advance polling, which is very good. I won because of advance polling, so it is a very good idea. Joking aside, it is a good thing.

With regard to limiting the election campaign to 50 days, we could also ask why 50 days and not 37.

The Liberals want to change the requirement of having identification with an address and photo. It will be terrible. I go door to door every month in my riding—

Elections Modernization ActGovernment Orders

May 22nd, 2018 / 12:15 p.m.
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NDP

Karine Trudel NDP Jonquière, QC

Mr. Speaker, today, we are talking about a bill that was introduced at the eleventh hour. We had to wait until Elections Canada imposed a deadline. The government decided not to go ahead with the electoral reform and now we have before us today a bill that was introduced in the House at the last minute and now must be debated.

I would like to know what my colleague thinks about something that has continued to make the news recently, and that is the fact that Bill C-76 should include recourse against the collection of personal information by social networks, such as Facebook, and companies, such as Cambridge Analytica.

Does my colleague believe that Bill C-76 should contain those sorts of measures?

Elections Modernization ActGovernment Orders

May 22nd, 2018 / 12:15 p.m.
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Conservative

Rachael Thomas Conservative Lethbridge, AB

Mr. Speaker, when Bill C-76 came out just a few short weeks ago, if it has been that long actually, and the government has moved time allocation, forcing it through, individuals said publicly that in the last election they got the wrong cards. They could have taken it to the polls, used it in a fraudulent manner, and voted under names that were not theirs. Therefore, we know that these things take place. Elections Canada has said that 16% of these cards are in error. Nearly one million Canadians would have the ability to vote under a different name, or according to a different address or perhaps they are not even a citizen. In my riding, I heard of multiple situations where individuals, who may be permanent residents but not citizens, received voter cards.

It is not okay within Canada's democracy to encourage or allow these individuals to participate in our system. Citizenship matters. When we belong to a country, it means we uphold the rules of that land. It means that we are granted rights and privileges but also given responsibility. That responsibility is to get the proper identification, show up to the polls, and cast our ballots in a manner that is deserving of respect.

Elections Modernization ActGovernment Orders

May 22nd, 2018 / 12:05 p.m.
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Conservative

Rachael Thomas Conservative Lethbridge, AB

Mr. Speaker, I will be sharing my time with the member for Beauport—Limoilou.

The right to vote is central to our democracy. For Canada's democratic system to be upheld, every Canadian citizen over the age of 18 must be granted fair and equal access to the voting process. In fact, this is such a vital component of Canada's DNA that it is actually in our Constitution under “Democratic Rights”, where it reads, “Every citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly...and to be qualified for membership therein.”

Conservatives believe that the vote of each and every Canadian matters. For this reason, I would like to give honourable mention to one aspect of Bill C-76 that is worth recognizing and appears to be well intentioned. That is the measures it includes to accommodate persons living with a disability. It is right to facilitate these individuals' participation in Canada's democratic process and should be acknowledged.

Nevertheless, I have significant concerns about the remainder of this bill. Today, I will draw attention to two of those concerns in particular.

I am proud of our previous Conservative government and the incredible work we did with the Fair Elections Act in 2014. That legislation worked to uphold our democratic right to vote while also protecting this country against voter fraud. In contrast, the bill before the House today, Bill C-76, would do a great deal to move us in the opposite direction. While the Fair Elections Act strengthened Canada's democratic system, the bill we are talking about today would weaken it. Mainly, Bill C-76 would make it incredibly easy for an individual to use a false identification to vote.

As much as we need to ensure that all Canadian citizens have equal access to voting, we also need to ensure that they cast only one ballot, that they are citizens, and that they are over the age of 18. When individuals vote in the wrong riding or vote more than once or vote under a false identity, a crime is committed and our entire system is undermined. Unfortunately, instead of working to prevent such voter fraud, an objective that I am certain all of us in this Parliament, and indeed all Canadians, would stand behind, Bill C-76 would open up increased opportunities for voter fraud to be committed. Under the current system, voters are required to provide a piece of identification with their name and current mailing address on it be able to cast a ballot. This way, Elections Canada can verify that voters are who they say they are and can protect the integrity of our electoral system.

Bill C-76 would amend Canada's current voter identification rules. Specifically, it would eliminate the requirement to show an identification card, making it acceptable to simply produce a voter information card received in the mail. The problem is that the voter information card does not actually identify the individual who holds it; it is simply a card that got sent sent to an address. Any individual could take it out of a mailbox and bring it to the polling station. For voting purposes, then, the card is not suitable identification.

That the government wants to allow the cards to be used for identification is of course problematic. According to Elections Canada, the cards have an error rate of about 16%, which means that in the last election nearly one million Canadians received a card that was wrong in some fashion. Either it had a name illegitimately attached to an address or an address illegitimately attached to a name, or it was sent to someone who was not even a Canadian citizen or to someone who was not over the age of 18. All of these problems must be addressed within our voting system. However, the government has decided to make it easier for this fraudulent conduct to take place. This means that people under the age of 18 and those who are not even citizens might vote. An individual who receives a voter identification card in the mail with Susy Smith's name on it when she is Samantha Simons can just take the card and go to the polls and vote under a false identity. It is not difficult to see the problems within this.

The current Liberal government would have Canadians believe that it is difficult to obtain ID, but that is just not true. The Liberals make it seem like the current system is unnecessarily burdensome, but in reality the broad range of already accepted ID documents makes it possible for every single eligible Canadian to vote. If a person needs to show legal identification to get on a plane to fly somewhere or to buy a case of beer or a pack of cigarettes, it should be that much more important for them to show proper identification to cast a ballot and participate in Canada's democracy.

Under the Fair Elections Act, the previous Conservative government did its best to make the process as easy as possible, while protecting the integrity of Canada's electoral system.

Most people over the age of 18 may have a driver's licence, a provincial or territorial ID card, a passport, an Indian status card, a band card, a citizenship card, however, some people do not have these, and I will acknowledge that. People should not worry. Voters are able to bring in two separate pieces of ID as long as one has the voter's current mailing address. These IDs can range from a person's blood donor card, a hydro bill, a rental agreement, a credit card statement, a library card, a public transportation card, and the list goes on and on. However, maybe the voter still does not possess these. The good news is that there is a third option. Voters can bring in two pieces of identification and individuals who know them and are able to swear on their behalf that they are who they deem to be.

It is clear that we already have a system that allows every citizen who is of age and is a citizen of our country to vote. In fact, in 2015, under the new Fair Elections Act, we saw record turnout when it came to voter participation, one of the highest percentages in Canadian history. Knowing this, why would we then tamper with a system that has proven to be very effective in turning voters out to polls and encouraging their participation in democracy?

We all agree that it is irresponsible and imprudent to allow someone to board a plane or purchase alcohol or cigarettes without first presenting a valid piece of identification. After the 2015 election, the Prime Minister and the current government tried to change Canada's election laws to benefit the Liberal Party. It was the Canadian people who pushed back tremendously and stopped them. Now again we see the government trying to bend the arms of Canadians and push through legislation that is to the advantage of the Liberal Party and to the disadvantage of the Canadian public.

Our election process needs to be non-partisan. It needs to be separate from the whims of the governing party in order for a true democracy to remain in place. The integrity of the system should be protected at all costs. This means one person, one vote. Only those over the age of 18 and are valid citizens of our country should have the right and be granted the opportunity to cast a ballot. The bill that is being debated in the House calls into question whether this integrity will be protected.

The second issue I would draw attention to has to do with foreign interference. Beyond creating opportunity for voter fraud, the bill would allow for foreign interference in our elections. Today, more than any other time in recent history, it is important to be vigilant about protecting the independence and authenticity of our elections.

With allegations about foreign interference in Canada's 2015 election and the many problems we see taking place south of the border, it is absolutely vital to address concerns about foreign interference before going into the next election. We have yet to see the current government take any action on this.

The legislation would establish a new pre-pre-writ period; that is, the period before the period officially leading into the election. During this time, foreign contributions would be allowed. Bill C-76 would allow foreign money to be funnelled into Canada and then disseminated to numerous advocacy groups for the purpose of influencing the election outcome. Many allegations are still circulating from the last election.

The Tides Foundation, an organization based in San Francisco, is totally opposed to Canada's energy development. This organization funnelled $1.5 million to Canadian third parties in the last election year, and is currently under investigation by the Canada Revenue Agency.

The government should be doing all it can to protect Canada's elections from being hijacked by foreign investment groups. This means closing the loopholes. If the government were really concerned with the integrity of Canada's democratic system, it would go ahead and fix this problem. Instead the Prime Minister chooses to turn a blind eye. Meanwhile the election is only a year away.

Instead of making it more difficult for illegitimate votes to be cast and for our system to be illegitimately impacted, the government that is presently in power is actually facilitating these things and therefore compromising our electoral system.

It should be understood that Bill C-76 fails to protect every Canadian's right to cast a vote that is equal to all other votes and to do so in a system that is free from foreign interference. In short, the bill undermines Canada's democracy, and I will vote no.

May 22nd, 2018 / 11:55 a.m.
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Conservative

Scott Reid Conservative Lanark—Frontenac—Kingston, ON

Okay, thank you.

I want to ask about Bill C-76 and the demands it will be placing upon Elections Canada. The act contemplates a reduced maximum-length writ period, but it also anticipates a new pre-writ period. We have a situation in which some of what we would normally think of as being associated with a writ has been moved forward to June 30, 2019, which, by my math, is 13 months and eight days from now.

The question is whether that puts a new administrative burden on Elections Canada that kicks in at that point, as opposed to the other things for which you have an extra month or two. Is that the case, that you'll be facing some systems that will need to be in place by that time?

Elections Modernization ActGovernment Orders

May 22nd, 2018 / 11:50 a.m.
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Liberal

Julie Dabrusin Liberal Toronto—Danforth, ON

Mr. Speaker, it is a pleasure to rise today to speak to Bill C-76, the elections modernization act.

In my own family, one of the things I have always placed a lot of importance on is to take my children to the voting booth with me when voting, and to keep emphasizing the importance of people being involved in the electoral process and getting out to vote. This bill goes to that very point, so it speaks very strongly.

Among the bill's provisions are measures that affect the Commissioner of Canada Elections. The commissioner is a non-partisan official responsible for investigating potential electoral issues, such as voter fraud or financial irregularities. He or she is supported by an investigations directorate made up of investigators, lawyers, and communications and administrative personnel.

Our government made a commitment to Canadians in the last election to reverse the changes in the former Harper government's so-called Fair Elections Act that made it harder for Canadians to vote, or made it harder for our elections laws to be enforced. Bill C-76 delivers on that commitment.

When it is passed, this legislation would return the office of the commission to Elections Canada. This relationship would create several advantages for the commissioner. This change would help increase the independence of the commissioner from the government of the day. It would also help ensure that the commissioner and the Chief Electoral Officer are better coordinated in enforcing our election laws. Not only does Bill C-76 deliver on this important election commitment, but it goes further in providing new tools and powers to the commissioner.

Currently, the staff of Elections Canada are ineligible for consideration for appointment as commissioner. Elections Canada offers an obvious recruiting ground for personnel who are very familiar with the issues that arise in our democracy. Bill C-76 would restore Elections Canada's status as a source of candidate recruitment.

At the same time, however, I would emphasize that it is also important that the Commissioner of Canada Elections be independent, not only from the government of the day, but also from the Chief Electoral Officer. The bill before us adds an explicit statement that the commissioner's investigations occur independently of the Chief Electoral Officer. The bill also explicitly authorizes the commissioner to independently publish an annual report.

Under the bill before us, rather than having to first obtain authorization from the director of public prosecutions, commissioners would be able to lay a charge of their own initiative. The police and almost all federal regulatory investigators have such a power. As with most federal offences, the investigator would be the one to lay the charge, and the director of public prosecutions would be the one to prosecute. Giving the commissioner the power to lay charges would reduce the likelihood that delays might detract from the effective enforcement of the Canada Elections Act. Such delays present risks that witnesses may not be available or that their memories may fade.

The bill before us also provides the commissioner with the power to compel witnesses to provide testimony. Most Canada Elections Act offences are effectively enforced without recourse to a power to compel testimony. However, there are exceptional cases, such as allegations of electoral fraud, where the commissioner may need to secure a court order to compel witness testimony because some electoral offences are extraordinary in nature and enforcement is time-sensitive. Safeguards such as protection against self-incrimination, a statutory recognition of the right to counsel, and a requirement for an examination to be conducted in private would help ensure compliance with the charter.

The Canada Elections Act, as it stands, provides almost exclusively criminal sanctions for contraventions of the act. This approach is costly, time-consuming, and procedurally onerous. As a result, violations of Canada's electoral law are often not being dealt with in an efficient and timely manner.

For example, the act stipulates that the official agent of an electoral district association must file information within 30 days following the election. Filing such a return just a few days after its due date is an offence under the act, despite the fact that neither the amount of harm caused, nor the degree of wrongdoing in such circumstances would be likely to make a criminal prosecution worthwhile. As a result, such minor contraventions of the act may not be acted upon, or there may be a delayed response to them.

Administrative monetary penalties, or AMPs, would give the commissioner the option to enforce the act through penalties that would more suitably match the infraction. The AMP could be increased if the offence is repeated or is of a continuing nature. The bill would also allow the commissioner to enter into compliance agreements with entities such as political parties or municipalities instead of with persons only, as is currently the case. It would also broaden the terms and conditions that may be negotiated, thus lending further flexibility and effectiveness to the commissioner's use of this important compliance tool. I would point out that a number of these changes have been called for by the current commissioner himself, as well as by the Chief Electoral Officer.

I have been dealing with the proposed changes to the authorities assigned to the Commissioner of Canada Elections, but let me turn briefly to some of the measures in the bill that would affect Elections Canada.

In his report on the 42nd general election, the Chief Electoral Officer proposed changes to political finances that would streamline reporting and harmonize rules among the various political entities. Further, this bill would deliver on the Minister of Democratic Institutions' mandate commitment to review the spending limits on political parties and third parties. Our government is proposing a new regime to bring transparency and fairness to spending, not just during the electoral period but also in the run-up to the election.

Bill C-76 would deliver on our government's commitment to protect, strengthen, and improve our democratic institutions. It would deliver on important election commitments made by our government. Bill C-76 would also go further in providing Elections Canada and the Commissioner of Canada Elections with new powers and tools to better enforce our rules.

Modernizing our elections should be a priority for all members and I hope they support this legislation. I know it is an important issue for so many people in our communities and that it is so important that we maintain the integrity of the way our elections are held.

I am very pleased to have had this opportunity to speak in support of Bill C-76 and in favour of modernizing our Elections Act. This is an important step for all of us and I know that members will be in favour of it, because it is important to many of us that we maintain a system of integrity, create opportunity for people to vote, and bring down some of the barriers put in place and hindrances created by the previous government. We need to encourage people to get out to vote. Rather than trying to suppress voting, we need to make sure that people have these opportunities and use them. I have been very pleased to speak in favour of this bill.

The House resumed consideration of the motion that 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.

Elections Modernization ActGovernment Orders

May 22nd, 2018 / 11:50 a.m.
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Liberal

Ali Ehsassi Liberal Willowdale, ON

Mr. Speaker, my hon. colleague is absolutely correct. We take everything that the Chief Electoral Officer says very seriously. As I indicated, some of the changes in the bill were actually based on things that were brought to our attention by the Chief Electoral Officer. However, it was important that we take a good, long, and close look at the legislation and try to make it as comprehensive as possible to make sure that more and more Canadians can take advantage of voting, and that they actually partake in the electoral process. Bill C-76 is obviously a reflection of that comprehensive approach.

Elections Modernization ActGovernment Orders

May 22nd, 2018 / 11:45 a.m.
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Liberal

Ali Ehsassi Liberal Willowdale, ON

Mr. Speaker, I obviously took note of my hon. colleague's comments. However, it is important to bear in mind that before drawing up all the initiatives that were part of this bill, we did actually listen to the Chief Electoral Officer.

It was quite clear to us that some of the changes that had been made previously would impede the ability of various individuals to partake in the election process. As members will note, there is the issue of the voter information cards. The evidence is quite clear that the use of such cards allowed an increase in the participation of seniors, students, and first nations communities. In addition to that, as I cited in my remarks, it is quite obvious that the evidence is telling us that we rank 23rd among OECD countries.

We thought it was incumbent upon us to honour our undertaking in the platform to do something about this, and that is exactly what Bill C-76 would do.

May 22nd, 2018 / 11:40 a.m.
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Nominee for the position of Chief Electoral Officer, As an Individual

Stéphane Perrault

Yes. As you note, this is a matter that's also before the courts as we speak, but it's also part of the Bill C-76.

May 22nd, 2018 / 11:35 a.m.
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Nominee for the position of Chief Electoral Officer, As an Individual

Stéphane Perrault

We haven't begun executing that plan.

This summer, we'll be starting work on the guidebooks for poll workers and the training material. What we will need to do is to build those guidebooks based on the current legislation, but also contemplate adjustments to those guidebooks for C-76.

When I appeared on the main estimates, I said that we are migrating 27 systems to a new data centre and we need to do integrated testing on September 1. We will proceed with that plan and, once we've done the integrated testing—it's a tight schedule, but things are going quite well—once we've solidified, then we will look at what IT changes are required for Bill C-76.

I think we're looking at 18 systems that are affected by Bill C-76. We will look to minimize. In some cases, they are minor changes, while in others, they're more comprehensive. Once we've done the integrated testing, we will then look at the other IT changes that are absolutely required for implementation of C-76. If it's not absolutely required, it will be deferred.

Then we're going to do a second series of integrated testing on January 1. Hopefully, at that point in time, there will be no further impacts on the IT system, so that we can do our simulations in the field with the new systems, as we planned.

Elections Modernization ActGovernment Orders

May 22nd, 2018 / 11:35 a.m.
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Liberal

Ali Ehsassi Liberal Willowdale, ON

Mr. Speaker, I will be splitting my time with the member for Toronto—Danforth.

I am honoured to rise in the House today to join other colleagues in the debate before us and in support of Bill C-76, an act to amend the Canada Elections Act and other acts.

Since the very first ballots were cast in Canada more than 150 years ago, Canadians have pushed for change, demanding that elections in our country be fairer, more inclusive, and more accessible. At first, it was only men who could vote, until women fought for their right to have a voice. Indigenous communities bravely stood up to ensure that they were heard at the ballot box. Over 20 years ago, it was mandated that all voting places be accessible to all Canadians.

The evolution of voting rights in this country has always proceeded in lockstep with the forward march of civil rights. As a government, we are committed to continuing this legacy and to moving forward.

Canada's democracy is made up of all citizens and what they have to say about the country they seek to create. The measures in Bill C-76 would be bold and important steps along this path of empowering Canadians and strengthening our electoral process, which benefited from the recommendations of the Chief Electoral Officer after the 42nd general election.

Voting has to accommodate people's busy lives. Bill C-76 would help Canadians vote when and how it works for them. These measures would reduce wait times at polling places. Bill C-76 would also increase advance polling to 12 hours a day so that Canadians could easily vote ahead of election day if they so wished. It would also make voting more convenient by letting people use their voter information cards, as was previously the norm.

In 2011, Elections Canada conducted a pilot project on using the voter information card as voter ID and recommended that Canadians be able to use their voter information cards to vote. The findings were hugely important. Among students, the cards were used by 62% of voters. In seniors residences, the number was 73%, and on first nations reserves, they were used by 36% of voters. It is clear that this measure is important in helping Canadians participate in our democracy. Based on a Statistics Canada study, over 160,000 Canadians could not vote because they did not have the ID they needed. I am proud that our government would be addressing this.

These changes would also reintroduce vouching so that a voter could allow another Canadian to vote as well. As has been the case with many of the initiatives undertaken by our government, this would not represent a radical departure from the norm but rather a return to standard Canadian practices and ideals.

Undoing the unfair parts of the previous government's so-called Fair Elections Act would mean that more Canadians would be able to participate in our democracy.

Participating by voting is more difficult for some people than others, and that is simply 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. Bill C-76 would bring 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 abroad or at home. Additionally, Bill C-76 would extend the right to vote to approximately one million Canadians who live abroad, ensuring that they would have their say.

We would also remove 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 confident that all my colleagues in this House will welcome new resources for positive and common-sense steps, such as having flyers in Braille and ramps at campaign offices. These are small changes that would have a huge impact on 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, and they are shaping our future.

In my own riding of Willowdale, the members of the youth council are already grappling with our country's most pressing issues. They have gone to the G7 youth summit with the Minister of Foreign Affairs to ask questions about challenges facing the international community. Over the last months, they have also had debates on everything from how Canada can engage in meaningful reconciliation with our indigenous communities to what policies are needed to protect the environment.

The future of our country is in good hands. I know that youth from coast to coast to coast have just as much to say about politics as the young people of Willowdale.

By creating a register of future electors, 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 schools.

I remember the first time I voted, and how important it was to me. When I put an X on my ballot, I was excited to be weighing in on issues that mattered to me. I want to make sure that all of our youth have the same positive experience I had.

When our youth are empowered, they create change, and that leads to a brighter future. Studies have repeatedly shown that voting at a young age encourages lifelong voting and participation in the democratic process. Given that Canada ranks an uninspiring 23rd among OECD countries in voter turnout, encouraging habitual voting among the next generation of Canadians is a noble goal and a 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 democratic processes everywhere. Canada must be prepared to meet these challenges with strength and determination to keep our elections secure and transparent. I am proud that Canada consistently ranks as one of the countries with the freest and most transparent elections, but this is no mere coincidence. It is because we have dedicated citizens and officials hard at work.

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

May 22nd, 2018 / 11:35 a.m.
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Liberal

Filomena Tassi Liberal Hamilton West—Ancaster—Dundas, ON

Thanks, Mr. Chair.

Thank you, Mr. Perrault, for being here today, for your testimony, and all the great work that you've done to date.

With respect to C-76, about 85% of what's contained in there are actually recommendations from the CEO, so I trust that you're pretty pleased with that—

Elections Modernization ActGovernment Orders

May 22nd, 2018 / 11:30 a.m.
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Liberal

Eva Nassif Liberal Vimy, QC

Mr. Speaker, I thank my colleague opposite for his speech. I would also like to ask him a question about Bill C-76.

He spoke about getting more youth and indigenous people to vote. Does he think that this bill will help more people with physical and mental disabilities to vote, yes or no?

Since my colleague, like everyone in the House, wants to strengthen our electoral system and our democracy, could he explain how this bill could encourage people with disabilities to vote?

May 22nd, 2018 / 11:30 a.m.
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NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

On this proposed bill, Bill C-76, we're not sure....

Is it under time allocation yet, Scott? No? It's under the threat of time allocation.