Bill C-76 (Historical)

Elections Modernization Act

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

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.

Elections Modernization Act

[Andy Fillmore, Liberal, Parliamentary 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.

[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.

[Andy Fillmore, Liberal, Parliamentary 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.

[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 Liberals' 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.

[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.

[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—

[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?

[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.

[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.

[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?

[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 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.

[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.

[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.

[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.