Elections Modernization Act

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

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

Sponsor

Karina Gould  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

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

Elsewhere

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

Votes

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

An Act to change the name of the electoral district of Châteauguay—LacollePrivate Members' Business

May 11th, 2018 / 1:40 p.m.


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Conservative

Kelly McCauley Conservative Edmonton West, AB

Mr. Speaker, I rise today to speak to Bill C-377, an act to change the name of the electoral district of Châteauguay—Lacolle. I have a lot of respect for the member for the riding. We served together for a period of time on the operations and estimates committee. While we did not always see eye to eye, I believe we did a lot of great work on that committee, whether it was Canada Post or other acts, so I do appreciate her work.

That being said, this bill is not something I can support. Those watching at home on CPAC are probably asking themselves what this bill is about, and why Parliament is debating this instead of important issues of the day, such as the question we discussed earlier in question period of why there is a known ISIS fighter walking free on the streets of Toronto after happily broadcasting how he murdered innocents abroad while fighting for ISIS in Syria. Why is he busy doing press conferences in Toronto instead of being in jail?

What about the constitutional crisis created by the Liberals in their poor handling of the Trans Mountain pipeline issue? Why are we not discussing that? Why are we not debating the issue of the border crisis in the member's own riding, where we have a flood of illegal immigrants coming in from the United States? I notice that over 20% of her riding is made up of seniors. Why are we not debating palliative care or seniors issues instead of this? None of that is going to be debated. The bill is solely about changing the name of the riding. Seriously, it is just a name change.

If people are at home watching CPAC right now, they are probably a bit more engaged than regular Canadians and would know that last week we passed changes to the names of other members' ridings. The Chief Government Whip had a bill passed, which has already gone through the House and is with the Senate, so that MPs can change the names of their ridings at will. They would not need a special private member's bill; they can just change the name.

My colleague from Calgary Signal Hill wants to change the name of his riding to Calgary West. He can go ahead and do it. I have joked in the past about changing the name of my riding from Edmonton West to Edmonton West Edmonton Mall, to honour West Edmonton Mall, the world's largest mall, which is in my riding. I mention that because, again, just last week we were able to change the names of over a dozen ridings, and it took the House just 60 seconds to do so. My point is that we do not need a private member's bill to change the name.

When MPs first get elected, at the beginning of the legislative period, they draw numbers for the order of introducing private members' bills. Those with low numbers get a chance to get their private members' bills heard and debated in the House. I drew a relatively low number and introduced Bill C-301, a bill that would reduce taxes for all seniors across the country. Unfortunately, the bill was shot down by the Liberals.

Because of time constraints, only about half of the members of Parliament will get their private members' bills introduced, debated, and heard in the House. Only about half of us get a bill through. The member for Châteauguay—Lacolle was lucky enough to have that, but, instead of introducing a bill that would actually help Canada and her constituents, she wastes valuable legislative time to debate a bill to change the name of her riding, which is not even needed, because we have procedural rules to change it.

I see that today the Liberals brought closure on a bill once again, this time to limit debate on Bill C-76, where we are debating the ways we are going to conduct our elections. The Liberal bill would allow foreign funds from Tides U.S.A. to flood into Canada to alter our electoral outcomes and attack our democratic process. The bill would allow people who have not set foot in Canada for over two or three decades to still be able to vote and help decide our electoral outcomes.

We have only one hour of debate on the serious issues that affect our democracy, and yet we have just spent four hours to discuss a name change that could have been done simply with an email to the government whip. Again, I have great respect for this member, but I believe it is a great waste of Parliament's time, and it just shows once again the mixed-up priorities of the Liberal government.

Elections Modernization ActGovernment Orders

May 11th, 2018 / 1:20 p.m.


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Conservative

Martin Shields Conservative Bow River, AB

Mr. Speaker, I will be sharing my time.

There are few things as fundamental to democracy as the integrity of its elections. Elections are the bedrock upon which many of the tenets of democracy rest, so when we discuss changes to our election laws, we are talking about changes to a cornerstone of our political system.

There are some good things in this bill. The measures to accommodate those with disabilities seem well intentioned and could do a lot of good. They would be a good way to facilitate participation in the democratic process. However, I am opposed to some other measures proposed in Bill C-76.

I would first like to discuss is the status quo and why much of it just does not deserve to be changed. I am not opposed to changing our election laws if it means real improvement. I agree with Ronald Reagan that sometimes “status quo” is Latin for “the mess we're in”.

I have in fact supported past changes to Canada's election laws. In 2014, our former Conservative government passed the Fair Elections Act. It made much-needed changes that helped ensure the integrity of Canadian elections, common sense changes that worked, such as showing pieces of ID in order to vote. This was a basic, logical requirement that worked.

We need to identify ourselves before boarding a plane, which I will do later today; before buying alcohol, and I am not going to do that before I get on the plane; and before buying tobacco, and soon marijuana, if the government follows through on its misguided plan. In fact, in many instances in everyday Canadian life we are required to identify ourselves, so the question is, why does the government not believe our elections deserve to be safeguarded in the same way?

We currently have many ways to prove our identity when we go to vote. This bill would implement amendments to our voter identification rules. It would open the door to a re-implementation of the voter information card as ID. The voter information card is simply not an identification card. It is not. It provides information to the voter; it is not a means of verifying the voter's identity.

As the member for Perth—Wellington noted yesterday, in the 2015 election 986,613 of these voter information cards had inaccurate information—I received an inaccurate one myself—were sent to the wrong address, or were not complete. I do not know why that number does not give the members opposite pause.

Maybe the members opposite do not realize how many legitimate ways there are to prove identity under the current system. We think they would remember, given that three years later they still try to blame their scandals and errors on our former government. Those seem fresh in their minds. However, I have done them the favour of compiling a list, which I am sure they will appreciate. It will refresh their memories of the ways people can prove their identity.

They can use a health card, which we all seem to have; a Canadian passport, which many have; a birth certificate, and we seem to have a lot of those; a certificate of Canadian citizenship; a citizenship card; a social insurance number card; an Indian status card; a band membership card; a Métis card; a card issued by an Inuit local authority; a Veterans Affairs health card; an old age security card; a hospital card—

Elections Modernization ActGovernment Orders

May 11th, 2018 / 1:05 p.m.


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Liberal

Yasmin Ratansi Liberal Don Valley East, ON

Mr. Speaker, I rise today to speak to Bill C-76, an act to amend the Canada Elections Act and other acts. The bill addresses the challenges the Conservatives created through the Fair Elections Act. What were the actual challenges? They disenfranchised voters, and they denied the use of voter information cards. This measure led to about 400,000 Canadian citizens being denied their right to vote in the 2011 election. The former chief electoral officer stated at the time that the bill contained measures that “undermine the bill's stated purpose and will not serve Canadians well.”

Therefore, Bill C-76 proposes the following measures to make it a fairer process for Canadians to vote: the bill would make the electoral process more accessible and secure; it would modernize the administration of elections; and it would repeal the portions of the Fair Elections Act that made it harder for Canadians to vote.

I am proud to state that the Canadian electoral system is one of the strongest and most robust in the world. However, the Canada Elections Act is showing its age. Following the 2015 election, the chief electoral officer made over 130 recommendations to improve how our democracy functions. After careful study and consideration by parliamentary committees in both the House and the Senate, and with the input of experts from across Canada, our government has introduced the elections modernization act. This proposed legislation aims to bring Canada's electoral system into the 21st century.

Bill C-76 would make it easier for Canadians to vote, make elections easier to administer, and importantly, protect Canadians from third-party interference. The bill is comprehensive, but I cannot cover all the aspects in this speech. Therefore, I will focus on some key themes.

To make the system more accessible for candidates with either children or disabilities, the bill would allow candidates to pay expenses related to child care, the provision of care to another, or a candidate's own disability-related expenses out of personal funds. These expenses would be eligible for reimbursement at an increased level of 90% and would not be subject to the spending limits.

Second, Bill C-76 proposes measures to reduce barriers to participation by persons with disabilities. Why is this so important to Canadians? These measures are geared toward increasing support and assistance at the polls. As well, they would increase the accommodation of participants during political debates. Canada is a progressive country, and we would like the equal participation of all Canadians.

I had an interesting conversation with a cab driver from Croatia. His comment was, “People think that Canada has many sick people, but that is not the case. Canada allows every person with disabilities to participate actively in all aspects of life. Not so in Croatia, where people with disabilities stay at home.”

Our system may be good, but better is always possible. Therefore, through the bill, the following accommodations would be made.

First, assistance at the polls is currently only permitted for persons with physical disabilities. The amendment would make it available irrespective of the nature of the elector's disability, be it physical or intellectual.

Second, while at the polls, electors could be assisted by a person of their choosing. This is currently not possible when voting in the returning officer's office. With this amendment, people would be able to rely on the same person for assistance at the polling station.

Third, the act would make transfer certificates available for people with all disabilities, not just physical disabilities, irrespective of whether the polling station is accessible. The proposed amendments would also give Elections Canada a more explicit mandate to explore voting technology for the use of electors with disabilities.

The second area I would like to touch on is the Canadian Armed Forces. In his September 2016 report, the former chief electoral officer made an overall recommendation that the Canada Elections Act be reviewed to determine the best way to facilitate voting for those in the Canadian Armed Forces.

I am proud to say that Bill C-76 would provide Canadian Armed Forces electors with greater flexibility in casting their vote, while adopting measures to guarantee the integrity of their vote. To achieve this, Canadian Armed Forces electors would be able to choose the voting method that best suits their needs. They would be permitted to receive voter information cards and to vote at advance polls. Another provision would allow a Canadian Armed Forces elector to use an alternative address for his or her place of ordinary residence for reasons of personal or operational security. I am proud that our government is supporting members of the armed forces. They make big sacrifices for our country and we need to ensure that they also have the ability to practise their right to vote.

The third area I would like to talk about is voting service modernization. The proposed legislative amendments to the Canada Elections Act would provide the Chief Electoral Officer with more flexibility to adapt processes in order to conduct elections more efficiently while strengthening the integrity of the electoral process. Some of the measures would be providing the Chief Electoral Officer with the flexibility to organize tasks at the poll in a way that accounts for local factors; allowing electors to vote at any of the tables in a polling station, rather than wait at the specific table assigned to their polling division; and opening up advance polls from 9 a.m. to 9 p.m.

There are many important aspects to the bill that would mitigate the risks of other things, such as foreign interference and third party influence. Currently, we are seeing the drama down south, but Canada was not immune to this in the 2011 election. In my own riding, there were investigations of robocalls and false information sending constituents to the wrong polls. The bill proposes measures that would help prevent foreign actors and wealthy interest groups from using third parties to circumvent the ban on foreign donations.

There are many points we should study, and the committee should be given the right to study the bill properly. The electoral commission has been given the power to compel testimony, lay charges, enter compliance agreements, etc. This was not available. In fact, the electoral commission was denied a lot of rights by the previous government.

There are many other progressive measures included in the bill, which my 10 minutes will not allow me to address.

Democracies are difficult, and it is our job to ensure that democracy survives and flourishes. The proposal would allow the Chief Electoral Officer more independence and the right to undertake broad public education campaigns, which was denied by the previous government as well.

I hope the members of the House will support the bill and send it to committee for further enhancements.

Elections Modernization ActGovernment Orders

May 11th, 2018 / 12:50 p.m.


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Liberal

David Graham Liberal Laurentides—Labelle, QC

Mr. Speaker, I will be sharing my time with the member for Don Valley East.

I am pleased to rise today to speak to Bill C-76, the Elections Modernization Act. I have had the privilege of being a member of the Standing Committee on Procedure and House Affairs since I first came to this place. One of the most interesting studies we have conducted so far was the one pertaining to the recommendations of the chief electoral officer.

In the previous Parliament, I was the parliamentary assistant to the critic for democratic reform, namely, the current member for Coast of Bays—Central—Notre Dame. I was a member of the Standing Committee on Procedure and House Affairs during its study of Bill C-23, Fair Elections Act. Under the circumstances, it was an odd name, given that the Conservatives worked harder than any other party to destroy the integrity of our elections.

Under Stephen Harper's leadership, the Conservatives won three consecutive election campaigns, specifically in 2006, 2008, and 2011. The Conservatives were found guilty of electoral fraud in the 2006, 2008, and 2011 elections. Clearly, the Conservative Party of Canada has never won an election without cheating, so when the Conservatives introduced a bill on electoral integrity, they knew exactly where the gaps were.

After letting their parliamentary secretary to the prime minister be led out in handcuffs for bypassing election laws, after pleading guilty to the illegal in and out scandal, and after sacrificing a young 22-year-old scapegoat for election crimes committed by the Conservative Party to try to steal several ridings, as part of the robocall scandal, one of the first targets of the Conservative Party was the elections commissioner. They made sure that he would never have the tools he needed to conduct a real investigation.

Bill C-76 changes all that. The elections commissioner will return to the Office of the Chief Electoral Officer, who is an officer of Parliament, instead of reporting to the Public Prosecution Service of Canada, where there is no officer of Parliament. Once enacted, the act will give the commissioner the power to require testimony or a written return, a power that was eliminated by the Conservatives. Why did Stephen Harper's Conservatives not want the elections commissioner to have that kind of authority, especially since he was responsible for the integrity of our elections?

Integrity is clearly not what the Conservatives were looking for, and given their reaction to this bill, their position has obviously not changed. In the debate on this bill, we keep hearing that the Conservatives have concerns about the creation of a pre-election list of young people, which could be given to political parties. They know that this list is meant for the Chief Electoral Officer and that these names will not be provided to political parties before the individuals turn 18. However, the Conservatives do not want a tool that would help inform young future voters and help them prepare to become citizens and informed voters in our democracy.

The Conservatives are afraid that young people will not vote Conservative. Instead of modernizing their old-school values, or reassessing their attitude towards women, immigrants, minorities, indigenous peoples, the environment, and science, the Conservatives would rather do everything they can to make sure that the younger generation does not have the tools it needs to participate in the democratic process. They refuse to evolve to where society is now.

During the 2011 election campaign, advance polling stations were set up on university campuses. In Guelph, the Conservatives opposed a polling station at the student centre and a young campaign volunteer, who was also a ministerial assistant on Parliament Hill was accused of attempting to steal the ballot box. Those accusations were never proven, but the incident shows how afraid the Conservatives are that young people will get involved.

The Conservatives think that giving young people the opportunity to get involved in elections, as Bill-76 proposes, is an existential threat. For the first time, millennials will outnumber baby boomers.

The Conservatives are not adapting to the new reality. They prefer to shout out “it is not a right” here in the House when we are talking about women making their own decisions about their bodies. That is shameful. Millennials, those of my generation, have had enough of this paternalistic attitude. We find that the member for Regina—Qu'Appelle and his Conservatives have the same attitude.

Again in the 2011 federal election and again in the riding of Guelph, robocalls were made. These calls were bilingual and claimed to be on behalf of Elections Canada. The calls told thousands of voters that the location of their polling station had changed. The goal was to keep people from voting. The federal elections commissioner and his investigators did not have the authority to compel witnesses to testify, so the commissioner had to make agreements with those involved in this subterfuge. As a result, a young man who is unilingual and has no particular technical skills was put in jail for electoral fraud. He was the scapegoat that I mentioned earlier.

Because the investigators lacked authority, the legal process resulted in a completely ridiculous outcome. First of all, they overlooked the campaign's political adviser, who had all the necessary political and technical access and who had created software called “Move My Vote” to determine what to dispute in the 2013 electoral redistribution. This is not to mention the fact that the assistant campaign organizer worked at the store where the burner phone was sold, or the fact that the Conservative Party lawyer was present when the witness statements were taken, rather than the lawyer of the accused or the witness. That is the kind of situation the Fair Elections Act was designed to ensure by undermining the integrity of the investigation process.

However, that was not the only problem the Conservatives wanted to create or even exacerbate. One of Elections Canada's main tasks is to educate voters across Canada on the electoral system and their role in it, and those information campaigns should be entirely impartial to ensure fair elections. The Conservatives, however, had no interest in conducting public information campaigns in schools or newspapers. Voter participation is not in the Conservatives' partisan interest. They did everything they could to undermine it. In the end, voter participation was high, but that was because Canadians were fed up with the lack of integrity.

Because of that, the Conservatives used their integrity bill to change the law and take away Elections Canada's educational role. Going forward, its only role would be to say where, when, and how to vote. That is it. Things were even worse than we thought. On top of taking power away from the Chief Electoral Officer, the Conservatives wanted to muzzle him, just like they muzzled scientists to keep facts from interfering with their agenda.

In addition to dealing with the elections commissioner's workplace and power structure, Bill C-76 will resolve this ridiculous situation created by a government that had no interest at all in protecting democracy. To the Conservatives, electoral integrity meant staying in power.

Going forward, the Chief Electoral Officer will have the right to speak and to perform his rightful educational role. That is why the Conservatives are so afraid of this bill passing and will do everything they can to block it. Much like women's rights, the integrity of our elections is not something the Conservatives care about. Shame on them.

Speaking of shame, let me remind the House that the Conservatives use the Fair Elections Act to take away voters' right to use their voter information card as a piece of ID. That had an immediate and significant impact. An estimated 170,000 people lost the right to vote in 2015 because of that anti-democratic change.

The vast majority of approved pieces of ID are used to confirm a voter's home address and to confirm whether this person has the right to vote and is voting in the correct riding. The voter information card does both of those things. When voters receive their card, it means that they are obviously on the voter's list. This also means that the address is correct, or else they would not have received their card. However, this card is never enough on its own, and it must be used with another piece of ID. Anyone can vote with a health card, for example. Without this card, someone who does not pay the household bills and who does not have a credit card or driver's license has nothing else to confirm his or her address. Once again, this was the objective of Stephen Harper's Conservatives.

If people were not going to vote Conservative, why let them vote at all? That would not help the integrity of a Conservative victory. No one wants that, so the Conservatives prevented Canadian voters from using the best piece of ID available to a large number of them. Integrity, my foot. These people do not have much integrity at all.

I am particularly proud of Bill C-76, since it will allow mail from the Chief Electoral Officer to be used as a valid piece of ID to vote. This makes sense.

The process we embarked on was long and complex. The Standing Committee on Procedure and House Affairs worked hard to study each recommendation made by the former chief electoral officer. Of the 130 specific changes in Bill C-76, 109 stem directly from the recommendations in the Chief Electoral Officer's report on the 42nd general election. Furthermore, the Standing Committee on Procedure and House Affairs studied most of the recommendations. The others were mostly technical changes requested by the Chief Electoral Officer.

I am proud to support this bill and to support a government whose vision extends beyond the next election to secure the long-term success of our country and our democracy.

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.

Bill C-76—Notice of time allocationElections Modernization ActGovernment Orders

May 11th, 2018 / 12:40 p.m.


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Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons and Minister of Small Business and Tourism

Mr. Speaker, again, I really hoped that I would not have to utilize this, but an agreement could not be reached under the provisions of Standing Orders 78(1) or 78(2) with respect to the second reading stage of Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments.

Under the provisions of Standing Order 78(3), I give notice that a minister of the crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at the said stage.

Election Modernization ActGovernment Orders

May 11th, 2018 / 12:20 p.m.


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NDP

Robert Aubin NDP Trois-Rivières, QC

Mr. Speaker, this time, I will use every minute and second available to me, since Bill C-76 is a very important bill for anyone who believes in democracy.

When it comes right down to it, MPs of all stripes are just advocates who decided to take their political commitment to the limit and help develop our society to the best of their ability and in keeping with their values.

Every member of the House knows how lucky he or she is to live and participate in a democracy. However, our democratic system, like many others, is far from perfect. We would hope that each and everyone of us would be able to help perfect it and that any bill that would make major changes to our entire electoral system, in whole or in part, would have not only the broadest possible consensus, but complete unanimity.

A bill that affects the very foundation of our democracy should not be a partisan bill. Still, we do have to admit that things have changed a bit ever since the Conservatives introduced Bill C-23, the Fair Elections Act, in the previous Parliament. In our search for a better democratic system, the aim should always be to strive for a consensus. However, we seem to be seeing more and more partisan games, which I believe have no place in a bill like this.

I obviously feel privileged to rise to speak on a bill as fundamental as Bill C-76. However, I unfortunately feel like I am acting in an old movie because the government seems to be assuming it does not need a consensus. The government is using our old parliamentary system to its advantage since that system allows the political party that holds a majority in the House to bulldoze, and I do not think that is too strong a term, its agenda through, rather than striving to reach a consensus.

Even as we debate this topic, something very important is happening in Quebec City. Just months—weeks, actually—before the Quebec provincial election, four parties held a joint press conference to say that, regardless of the outcome of the next election, they all agree that the existing electoral system should no longer be used in our society.

Québec solidaire, Coalition Avenir Québec, the Parti Québécois, and the Green Party of Quebec joined forces to say that the coming provincial election should be the last to use this voting system. That is why I feel like I am in an old movie, unfortunately. Many parties have sung that tune, especially the Liberal Party during the last campaign. The party said loud and clear that this would be the last election with that voting system, which worked fine back in the day.

When this Parliament was created, it was a two-party system. In a society with two parties, one of them will, by definition, get at least 50% plus one of the votes. What could be more democratic than that? Since then, things have changed a lot in Canada and Quebec, as they have in all the other provinces and territories.

A plurality of political opinions and approaches emerged, which all demand representation in the House of Commons. We think that, no matter which party is in government, even if it was the NDP, it is completely inappropriate for a government that wins 39% of the popular vote to get 100% of the power in the House. This is what happened with this government, and it was the same with the previous government. There is a massive dichotomy that needs to be addressed.

The government has backtracked on this specific issue, which was a very important issue for the Liberal Party and the New Democratic Party during the last election. It is clear that the Liberals have backtracked on their election promise, probably because now that they are in power, they want to continue to enjoy full control over this country's democratic institutions.

Now Bill C-76 is being rammed through at the very last minute. I would say it is being done at the eleventh hour, when the acting Chief Electoral Officer does not even know whether he will be able to implement all the different measures this bill contains in time for the next election, because the Liberals dragged their feet so long. First they dawdled with the study on what our new voting system should be. Then they ignored an overwhelming consensus in favour of a mixed proportional system, while trying to convince Canadians that there was no consensus or that the consensus was for something else. That is a funny way to put it, but it shows how desperate they were to dodge the issue.

Not content to have delayed this process, the Liberals also delayed the next process, which was aimed at correcting some of the stalled measures that were stuck behind those they had rejected. However, here we are at the eleventh hour, and they cannot even guarantee that all of the measures we have been discussing this morning and over the past few days will be implemented by the next election.

It is therefore fairly safe to say this has been a total failure, even though, as I will elaborate, Bill C-76 does contain a few measures that are worth studying and implementing.

We are talking about a 230-page bill that will have to be rushed through because, as I was saying, the Liberals have been behind on all counts from the very beginning.

Worse still, this very rushed bill will likely pass thanks to the majority this government holds. This means that the broad consensus that has been the tradition in this House could once again be ignored in favour of the bulldozing effect of a government majority.

After two press releases in quick succession proposing two different names, this week we learned of the appointment of a potential new chief electoral officer. The person responsible for implementing the measures in Bill C-76 has not yet been officially appointed. It is safe to say that problems are piling up.

Let us explore some of the things in this bill that deserve a closer look, such as the issue of financing. As people generally expect more transparency in the lead-up to an election, this bill proposes a number of measures in that regard. However, while promising greater transparency, the bill also raises spending limits at the same time. This means that election campaigns will become much more about money than ideas.

I think that there is a very broad consensus in Canada and Quebec regarding the U.S. election system, because no one wants to see money take precedence over ideas. For years now, money seems to have become increasingly more important. Canadians are well aware that there is a cost to living in a democracy. No one expects elections to be free. I will get back to public financing a bit later, since this aspect is largely missing from the bill. This was an opportunity to restore the balance that was lost under the previous Conservative government led by Mr. Harper, which completely eliminated the per-vote subsidy. I am not saying that this made for a proportional government, but at least the public financing was representative of the public vote and gave additional meaning to casting a vote.

What is more, increasing election spending limits is also problematic and feeds into the trend of making money more important than ideas. In an election campaign, I would like to see people debate ideas equitably rather than see parties inundate people with ads because the rules are not the same for everyone. Conversely, one could argue that the rules are equal for everyone since everyone has the same spending limit, but when that spending limit is at a height that not every party can achieve, then clearly there is an imbalance.

I would also like to address another problem that is widely panned and does not seem to have been resolved by Bill C-76: personal information protection. That is an issue that everyone in Canada and Quebec is concerned about now and not just when it comes to elections, but also in daily life. Every move that is made on the web leaves a footprint and we cannot begin to imagine how much personal information we leave there.

Perhaps members have already had the experience of downloading an app on their cellphone or other device and reading the terms of service. I do not know whether this has ever happened to you, Madam Speaker, but I have tried a few times to read the terms of service, but I have rarely succeed in getting all the way to the end. The times I did manage to finish, I must admit that it was a challenge. However, just because I read the terms, does not mean that I understood them, but people always end up agreeing to the terms because they need the app in their daily lives. Once we accept the terms, we no longer know exactly how much personal information will be shared or how that information will be managed. Bill C-76 does nothing to address that issue.

I would like to quote what a few witnesses had to say about this. Teresa Scassa, the Canada research chair in information law and policy at the University of Ottawa described the solution proposed in Bill C-76 as “an almost contemptuous and entirely cosmetic quick fix designed to deflect attention from the very serious privacy issues raised by the use of personal information by political parties.”

Lori Turnbull, director of Dalhousie University's School of Public Administration and co-author of a document about the modernization of public funding published by the Public Policy Forum said, “It’s a step in the right direction, but it looks as if they were pressed for time and some big problems have been left on the table.”

I have used this image many times: when you take a step forward, you are not actually moving forward, you are just moving your centre of gravity. In order to move forward, you have to take at least two steps. Bill C-76 is only one step.

Funnily enough, Canada does have a privacy act. It is quite a progressive act, and it is often studied by many other countries seeking to perfect their own privacy acts and learn how a united front is needed to protect personal data in our new computer-oriented society.

However, political parties are exempt from Canada's privacy act. For example, a private company that wants to solicit customers by email has to seek their consent to store their email addresses for future correspondence. Political parties are not required to ask for consent. They can even sell the personal data they gather, which to me is an utterly absurd situation that Bill C-76, as drafted, does not address.

Where are the rules for increasing the number of women to a significant level? That is another issue that Bill C-76 does not resolve. In terms of women's representation in the House, we are light years away from parity, except in the NDP. Why? At the very beginning of an election campaign, the very instant the writ drops, the NDP have rules in place that require candidate nominations to be gender balanced from the get-go. If there is no parity at the starting line, how can we hope to miraculously reach parity by the finish line? We ought to thank the NDP for its efforts and make sure more women get into the House.

By voting down the bill introduced by my colleague from Burnaby South, the government missed a great opportunity to make additional strides in that regard. Bill C-76 again misses the opportunity to introduce specific measures to achieve gender parity, or at least something close to parity between 40% and 60%, by the next election. We should not have to wait decades for this. If current trends in the number of women in the House of Commons remain at the same level, it will likely take 40 or 50 years to achieve parity, and even that is not guaranteed. This is an absolutely crucial issue that has been completely overlooked in this legislation.

The bill does contain some important positive aspects, which is why, at the end of the day, I will be voting to support it at second reading, even though I may sound like I completely oppose it. I think it is important to send it to committee so that we may get some answers to relevant questions and see how we can make the most of a bill that has been reduced to the basics and does not really reform our electoral system. That is the role of all opposition members, in other words, not to simply oppose legislation but also improve it.

We do welcome the time limit for an election campaign. Having election campaigns in this era of faster travel and digital media means they can be shorter than back in the day when candidates had to travel across Canada by train, which of course took longer.

Offering a 90% refund for child care expenses is a good measure. We support that.

In closing, democracy does not belong to just the Liberals or any one party in the House. It belongs to all parties in the House of Commons.

I hope the next changes made to our electoral system are based on a consensus.

The House resumed from May 10 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.

Transportation Modernization ActGovernment Orders

May 11th, 2018 / 10:45 a.m.


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NDP

Robert Aubin NDP Trois-Rivières, QC

Mr. Speaker, thank you for that information.

I would like to begin by saying that I am not a big fan of the Winnipeg Jets, unlike my colleague who spoke before me. I must admit, however, that after their win last night, knowing they are the only Canadian team still left in the running for the Stanley Cup, I was actually happy for them. It would be great to bring the Stanley Cup back to Canada, hockey being our national sport and all. That is the end of my comments on hockey. Let us get back to Bill C-49.

Mr. Speaker, you said I will not have my entire speaking time before question period. I want you to know right away that I have deliberately chosen not to use all of my time, if only for the sake of consistency when we are talking about the urgent need for action, while the Liberals insist on just talking.

This is about consistency, and I hope there is also some symbolic value here, since one cannot speak from both sides of one's mouth at the same time. One cannot suggest, as I did with my motion here this morning, to return Bill C-49 for royal assent as soon as possible by accepting the two minor amendments that remained out of the ones proposed by the Senate and, at the same time, launch into these endless, long-winded speeches on a bill that will have a real impact on the ground for those who are waiting for this to be resolved, one way or another.

I would like the Hansard to reflect the reasons why senators are insisting on these two amendments to which the Liberal government has unfortunately closed the door.

The message is that the House respectfully refuses the amendments, but I fail to see any respect in all this, except perhaps for the wording of the message. What did the senators send us as justification for insisting on these two small amendments?

I will read their reasoning, not only because I agree with it, but also because I believe that it is important to put it on the record. Why was the Senate so emphatic about its amendment? Let me quote the Senate:

That the reasons for the Senate’s insistence on its amendment 7(c) be:

“because all regions of Canada should be treated equally, with fairness and respect. ...because shippers in the Maritimes will continue to have access to other shipper remedies in the Act. As the proposer of the Senate amendment pointed out in committee, this is unfair for the maritime region, since there are roads and therefore other modes of transportation in areas like Prince Rupert and northern Quebec where an exemption is provided.”

The House no doubt knows that NDP members are not huge fans of the Senate, and especially an unelected Senate, but since this is the way things are for now, I must recognize a job well done.

It is not true that the only job of an opposition party or member is to oppose everything, all the time. I remind members that an opposition member's job is not to oppose everything, but to point out things that could be improved in a bill, to make it as close to perfect as possible. Every bill can be improved upon, and the government that sets the legislative agenda should be open to amendments that make sense. These amendments did not pop up out of nowhere. They are the result of discussions with experts in House committees and parliamentary committees.

I want to talk about another reason why the Senate asked and insisted that its amendment no. 8 be recognized, and I say “asked” because we now know that this request has been denied. I want to share the following quote from the Senate:

That the reasons for the Senate’s insistence on its amendment 8 be:

“because this amendment entitles a shipper to obtain a determination of the railway’s cost of transporting its goods to assist an arbitrator in final offer arbitration to determine whether to select the offer of the carrier or the shipper. By declaring that final offer arbitration is a commercially based process and not cost-based, the House of Commons has removed that entitlement from the shipper;”.

That explanation is as clear as can be, and it is indisputable. Anyone who has negotiated a contract or a collective agreement under arbitration knows that the parties are more likely to reach a fair agreement when there is a balance of power. If Bill C-49 makes that impossible, it is obvious which party stands to benefit the most. The purpose of the amendment was to restore a level playing field and ensure that the arbitrator making the final decision will have the tools to make an informed decision in the event that the process does come to fruition. Even that idea was rejected by the Liberal government.

In light of this morning's decision to reject the amendments, it is once again very clear that the Liberal government is always trying to cozy up to big business, which I imagine can be very generous when it is time to fill the campaign coffers. I suppose I could be wrong, but I will leave it up to everyone to observe the political game-playing. Later today, we will be debating Bill C-76, which is about new election rules. There again we will see how the Liberals want voters to make decisions based on money instead of the various parties' development philosophies. I will have more to say about Bill C-76 later. I will leave it at that for now.

I quoted the Senate's explanations so that they appear in the Hansard, but since I have a few minutes left, I would like to point out everything that this bill does not do. The matter of contracts is urgent, but so is the development of a passengers' bill of rights, which air travellers have been waiting for for years. In the previous Parliament, the NDP tabled a document—it was not even a bill—that sought to examine the possibility of putting regulations in place before the next election as the minister saw fit, but I would be willing to bet that the Liberals will wait until just a few months before the 2019 election is called to introduce the passengers' bill of rights.

It is clear that this government is not here to serve its constituents but to further its election strategy. Meanwhile, all this time, Canadians have been waiting for a real passengers' bill of rights that would ensure that they are compensated in situations like the one we saw here in Ottawa with Air Transat only a year ago. The passengers' bill of rights is also long overdue. When Bill C-49 finally receives royal assent, we will still not have a passengers' bill of rights. All we will have is the first step in a process to develop a bill of rights in the future.

Bill C-49 is absolutely unbelievable. If the Liberals wanted to take quick action on grain transportation, they could have done so. Let us remember that, at the beginning of the process, we proposed dividing Bill C-49 to quickly examine the aspects that addressed grain transportation, but this government refused to do that. We also proposed to extend the measures taken by the previous Conservative government so that farmers would not be left in limbo when the temporary measures ended and before Bill C-49 came into effect.

There are many causes for concern with this bill, and we cannot understand why the Liberal government is not more open to the amendments that are being proposed.

Elections Modernization ActGovernment Orders

May 10th, 2018 / 5:05 p.m.


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Conservative

John Nater Conservative Perth—Wellington, ON

Mr. Speaker, it is an honour to rise today and participate in the debate on Bill C-76, the amendments to the Canada Elections Act.

One of the privileges we have in Canada and as Canadians is to participate in free and fair elections. I do not think there is anyone in this House who would disagree with the importance of that privilege and honour that we have as Canadian citizens to participate in our democratic rights.

However, the government has shown its inability to properly introduce legislation to change our elections. In fact, the acting Chief Electoral Officer made it very clear to Parliament and at committee that in order for Elections Canada to make the changes necessary for the next election in 2019, legislation had to receive royal assent by April 2018. Here we are in May, only just kicking off debate on this matter.

On April 24, 2018, at committee, the acting Chief Electoral Officer, Stéphane Perrault, had this to say to the procedure and House affairs committee:

When I appeared last February I indicated that the window of opportunity to implement major changes in time for the next election was rapidly closing. That was not a new message. Both Monsieur Mayrand and I had previously indicated that legislative changes should be enacted by April 2018. This means that we are now at a point where the implementation of new legislation will likely involve some compromises.

Later in his comments he said:

However, it is also my responsibility to inform you that time is quickly running out. Canadians trust Elections Canada to deliver robust and reliable elections, and we do not want to find ourselves in the situation where the quality of the electoral process is impacted.

The government tabled Bill C-76 in April 2018, the same day legislation was supposed to be in place. The government botched the entire process for implementing changes to the Canada Elections Act. As a result of its mismanagement, the government had to introduce this omnibus bill in order to play catch-up and distract from past failures.

The Chief Electoral Officer provided recommendations for legislative reforms following the 42nd general election in 2015. The Standing Committee on Procedure and House Affairs was reviewing the recommendations and preparing a report for this House. Then, on November 24, 2016, before the committee had completed its work, the former minister of democratic institutions introduced Bill C-33, an act to amend the Canada Elections Act and to make consequential amendments to other acts. She introduced an incomplete bill and demonstrated a blatant disregard for the committee's work.

Then, after rushing to create a bill and, in their haste, creating a flawed bill, the Liberals stalled. They have been sitting on the bill and have still not brought it forward for debate at second reading a year and a half later. If we add to that their failed attempt to change Canada’s electoral system to favour their party, the tremendous delay to appoint a permanent Chief Electoral Officer, and the incomprehensible action to perhaps create a debates commission, this government's democratic reform has been a colossal disappointment. The Liberals waited well beyond the April 2018 deadline to introduce Bill C-76.

What is more, Bill C-76 is an omnibus bill. It is 350 pages long and contains hundreds of different sections. At best, it contains seven vastly different elements. Many of these elements are flawed, and not only will they not improve our elections, but in some cases they will actually weaken them.

This brings me to one of the key points contained in the bill, which is the subject of identification. The government is clearly out of touch with what is reasonable in the 21st century.

Today, photo ID and identification with one's address is commonly and routinely used for interactions with governments at all levels, whether federal, provincial or municipal. Under the current law, nearly 50 different types of identification are permitted to allow a Canadian voter to prove his or her identity and address.

Canadians are used to using identification. In Canada, no one bats an eye when he or she is required to show ID to board a plane. No one bats an eye when he or she is required to show ID to prove his or her age to purchase alcohol or tobacco. Students are regularly required to show ID when they take VIA Rail to get the student discount. When we drive a car, we need a driver's licence. When we go fishing, we have a fishing licence. When we go to get a prescription for medication, we show identification. Even to borrow a library book, we need a library card, which, I might add, in most municipalities is free. What is more, when we get that library card, we can also use it as one of the acceptable forms of ID with Elections Canada.

I am proud to have a library card for both the Wellington county libraries and the libraries in Perth county, and I use them regularly. I encourage all Canadians to go to their local libraries and get a card.

Let us look at the list of some of the identification that is currently approved by Elections Canada. Of course, there is the driver's licence or a provincial or territorial ID card. In Ontario, that includes both a photo ID as well as an address on those cards. Also, there is the Canadian passport, a birth certificate, and a label on a prescription container.

It has been mentioned before that perhaps those living in a retirement home or a long-term care home may have a challenge finding identification. However, I would challenge anyone to show me a senior who may be living in a long-term care home who does not have perhaps a pill bottle or prescription that has his or her name and identification on it. Another case would be an identity bracelet issued by a hospital or long-term care facility. Also, one could use a credit card, debit card, or employee card.

The minister talked about students. Nearly every student in high school, college, trade school, or a university has a student card. Most students also have a bus pass or public transportation card. It is unfortunate that the Liberals got rid of the public transit tax credit but, nonetheless, most students do have a transit card, particularly if they do not have a driver's licence.

One could also use a licence or card issued for fishing, trapping, or hunting, one of the great pastimes in Canada. One could use a utility bill, whether that be for electricity, water, telecommunications, cable, or satellite. What is more, Elections Canada also accepts either e-statements or e-invoices for that type of ID. In a growing technological world, I know many of us receive our bills solely online, which is an acceptable form of ID.

One could use a personal cheque, a government statement of benefits, or an income tax assessment. All Canadians are required to file their taxes every year. April 30 was just upon us, and I am sure all Canadians remember that well, with the Liberal government in power.

One could use correspondence issued by a school, college, or university. Again, a student going to college or university in Canada would potentially have that letter. Barring that, it could be a letter of confirmation of residence from a place such as a student residence, for those attending university, or a seniors residence, a long-term care home, a shelter, or a soup kitchen, so that those who may not have a permanent fixed address would still have confirmation of their eligibility to vote.

There is also a third option, in which an oath can be taken to provide confirmation of one's address from someone within the same electoral district undertaking that confirmation.

Most Canadians would see these rules as reasonable and fair. The rules ensure that only those who are eligible electors vote, and that they vote in the correct riding. Canadians are rule-loving people. We respect the rules. When we are asked to prove that we are in fact legitimate voters within an electoral district in Canada, we are happy to do so.

This brings me to the government's decision to use the voter information card as identification. It is an information card, not an identification card, as is often said by members across the way. These are information cards because that is what they provide, information. It has been stated before that, in the 2015 election, 986,613 of these voter information cards had inaccurate information, were sent to the wrong address, or were not complete, yet the Liberals are okay with nearly a million voter information cards being used as identification.

Canadians know that things change. Addresses change, and the voters list is not always entirely up to date. Nonetheless, the Liberals are relying on that information to be used to confirm residence within a riding.

One of the challenges with using the voters list and the voter information cards is that much of this information comes from the Canada Revenue Agency. I will cite a couple of examples where the CRA has mistakenly declared people dead, yet this information is now being used to inform the voters list, and then the voter information card, which entitles people to vote.

I would draw the members' attention to an article from November 2017 in which a Scarborough woman was declared dead and her estate was sent her tax refund of nearly $2,800. Another example recently from CBC, in April 2018, talked about a Cape Breton man whose error on a tax return declared both him and his late wife dead, despite the fact that he never submitted a death certificate for himself. Again, this information is being used to inform the voter information cards, which the Liberals now want to use as a confirmation of an address.

The minister also said that the Liberals would be removing the voting restrictions for those living outside of Canada, removing the five-year limitation and the intent to return to Canada. There are two points on this matter. First, it might be reasonable for Canadians who want to see this country prosper and thrive to at least give an indication that at some point in the future they wish to return and live in this great country we call Canada.

Second, when we look at our Commonwealth cousins and the example of Commonwealth countries around the world, we see that they have similar provisions in place. In the United Kingdom, a national who leaves for more than 15 years is not eligible to vote in a national election. In Australia, the length of time is six years.

I want to talk briefly about foreign financing. The Liberal government tries to claim it is shutting the door on foreign financing, that it is blocking foreign influence in elections. What is actually happening is it is opening up a great big loophole that will allow foreign influence to funnel large amounts of money into U.S.-style super PACs to be distributed within Canada during an election campaign.

In a recent article, John Ivison writes:

In the last election, foreign money wielded by political advocacy groups targeted Conservative candidates—Leadnow claimed its 6,000 volunteers helped defeat 25 Tories.

Leadnow said no international money went towards the campaign. However, the New York-based Tides Foundation donated $795,300 to a B.C.-based non-profit called the Sisu Institute Society, which in turn donated to Leadnow.

Leadnow acknowledges Sisu contributed grants for its “other campaigns” but said the election campaign was funded entirely by Canadian sources. Yet, as Duff Conacher at Democracy Watch pointed out, this is nonsense. “Any grant frees up other money, if it’s all in one pot.”

There is nothing in the new bill to stop this from happening again.

Another example comes from our good friend Andrew Coyne, who wrote:

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

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

This is wrong, and Canadians understand that this is not the way that Canadian elections ought to be run. Creating loopholes that we could drive a Mack truck through, allowing foreign influence in Canadian elections, is wrong, and Canadians understand that. They understand that so much of what the Liberal government is doing in the bill is wrong. Canadians believe that voters should be required to prove their identity before they vote. Canadians believe that proper identification is necessary before they vote in an election. They believe that foreign influence in Canadian elections is wrong and that loopholes should not be allowed in the bill, as the Liberals have done.

Canadians also wonder about the lack of urgency of the Liberal government. We have known for a year and a half that we would need a Chief Electoral Officer, and yet the Liberals waited 18 months. They introduced Bill C-33 and let it languish on the Order Paper, and now, at a point in time when the Liberal government has been told directly by the Chief Electoral Officer that they do not have time to implement the changes, the Liberals are proposing to go ahead anyway with this information.

It is for this reason that I move:

That the motion be amended by deleting all the words after the word “That” and substituting the following:

the House decline to give second reading to Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments, since the Bill fails to address the high error rate in the National Register of Electors, and the high rate of erroneous Voter Identification Cards, reported at 986,613 instances in the 2015 election, and does nothing to deal with foreign interference in Canadian elections because the Bill proposes to double the total maximum third party spending amount allowed during the writ period and to continue to allow unlimited contributions in the period prior to the pre-writ period.

Elections Modernization ActGovernment Orders

May 10th, 2018 / 5 p.m.


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Québec debout

Gabriel Ste-Marie Québec debout Joliette, QC

Mr. Speaker, I thank the President of the Treasury Board for his speech.

Obviously, we would have preferred the bill to have been tabled sooner. The President of the Treasury Board says he would like the bill to be passed quickly so that it is in place for the next election. We would have liked the bill to be more substantial, especially by including a proportional voting option. That option was abandoned in spite of a unanimous report from the committee that was supported by every party in the House. We would also have liked to see public financing included in this bill, which it is not. Enhanced public financing of political parties could help our elected officials avoid the appearance of acting in their own financial interests.

My question is about the youth vote. Students are often registered to vote in their parents' riding, but they live near their college or university. This makes it hard for them to vote.

What measures does Bill C-76 provide to make voting easier for students who do not live in the riding where they are registered?

Elections Modernization ActGovernment Orders

May 10th, 2018 / 4:35 p.m.


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Kings—Hants Nova Scotia

Liberal

Scott Brison LiberalPresident of the Treasury Board

moved 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.

Mr. Speaker, I am pleased to begin the debate at second reading of Bill C-76, the elections modernization act.

Our democracy is stronger when more Canadians, not fewer, are able to participate in our elections. Our government believes that democratic institutions and election rules must keep pace with changes in society and the expectations of our citizens. The elections modernization act is an important step forward for our democracy and for the ability of Canadians to participate in and trust our democratic institutions.

The changes we are proposing under the elections modernization act will make the electoral process more accessible to all Canadians, will help modernize the administration and enforcement of election rules, will make the electoral process more secure and transparent, and will protect the integrity of the Canadian electoral system, while better protecting the personal information and privacy of Canadian citizens.

We believe that our democracy is stronger when as many Canadians as possible participate in it.

In 2014, the previous government passed the Fair Elections Act. This was a regressive piece of legislation that former chief electoral officer Marc Mayrand said contained measures that would “undermine [its] stated purpose and won’t serve Canadians well.” One hundred and sixty academics signed a National Post editorial stating that the Fair Elections Act would “damage the institution at the heart of our country’s democracy: voting in federal elections.” The Globe and Mail ran five editorial board pieces, pleading with the Conservatives to reconsider that legislation.

The Harper Conservatives did not listen to reason. They did not pay attention to evidence, and Canadians paid the price. After the passage of the so-called Fair Elections Act, we saw the disenfranchisement of more than 170,000 Canadian voters who lacked sufficient identification. That is according to Statistics Canada. We saw it become more difficult for Canadians to get information about where, when, and how to vote. We saw it became easier for elections lawbreakers to actually evade punishment.

Unlike the Conservatives, we are listening to Canadians. We want Canadians to be able to participate in our democracy.

By repealing the unfair provisions of the Harper government's Fair Elections Act, we are making it easier for all Canadians to vote.

In April, I was pleased to introduce the elections modernization act on behalf of our government. Not only would it undo the controversial aspects of the Conservatives' so-called Fair Elections Act, but it would strengthen our democratic institutions by making voting more accessible to millions of Canadians who have previously faced unfair barriers.

I will illustrate some of the proposed changes by focusing on four groups of voters: Canadians with disabilities, women and men of the Canadian Armed Forces, Canadian citizens living abroad, and those who do not have the identification required under the Fair Elections Act.

To ensure Canadians with disabilities are better able to participate in our democracy, Bill C-76 confirms existing accessibility practices and further requires a combination of measures to be available to all persons with disabilities, regardless of the nature of that disability. Bill C-76 creates financial incentives for political parties and candidates to accommodate electors with disabilities. These could include providing election material in accessible formats or adding wheelchair ramps to campaign offices, as examples. It makes changes to election expense provisions so that candidates with disabilities or candidates who are caregivers for young, sick, or disabled loved ones would find it easier to run for office.

For these individuals, costs related to this caregiving could be paid from either personal or campaign expenses and would not count against spending limits. These expenses would be reimbursed at up to 90%.

Canadian Forces members make tremendous sacrifices defending our democracy. It only makes sense that we make sure they are able to participate in it as well. In the most recent election, 68% of Canadian electors voted. Among members of the Canadian Forces, the participation rate was only 46%. The bill would give Canadian Forces personnel the same flexibility as other Canadians in choosing how to cast their vote.

Canadians living abroad are no less dedicated to our country than those who reside within its borders, yet many are not able to vote. The bill restores voting rights to more than a million Canadians living abroad by removing the provisions that electors cannot have resided outside of Canada for more than five years and must have an intent to return.

Debates in the last Parliament highlighted a fourth group of Canadians who have challenges when it comes to participating in elections. These are citizens who do not have the required identification. The previous government stopped the use of voter information cards as an allowable piece of ID to establish residency. This happened despite Elections Canada's observation that some four million Canadians do not possess a driver's licence. Canadians impacted most by the Conservatives' regressive law change included university students, indigenous peoples, and in some cases seniors who live in long-term retirement facilities.

We will restore voting rights to these Canadians and we will also restore the practice of vouching for identity and residence. This will help bring eligible voters back into our electoral process. Those who vouch for others would continue to be required to make a solemn declaration and would not be able to vouch for more than one person.

Conservatives may try to say that this would make it easier for non-citizens to vote, but that is simply not the case. In his 2011 compliance report for Elections Canada, Harry Neufeld, an independent elections expert, recommended “widening use of the Voter Information Card as a valid piece of address identification for all voters.”

To ensure that only Canadian citizens are able to vote, the bill would authorize the Minister of Immigration, Refugees and Citizenship to provide the Chief Electoral Officer with information about permanent residents and foreign nationals living in Canada. This would help ensure that only Canadian citizens are included in the register of electors and would help to create a more accurate and up-to-date list of voters. The bill would also grant the commissioner of Elections Canada the ability to impose a financial penalty on individuals who vote when they are not able to do so.

Today Canadians are busier than ever. They work irregular hours. They do shift work. They travel for business and pleasure, and they have parenting or caregiver responsibilities that start before dawn and end late in the evening. As a result, more and more Canadians vote at advance polls. We would increase the hours during which these polls are open to provide more flexibility and enable more Canadians to participate in the electoral process.

The bill would restore the Chief Electoral Officer's authority to conduct public education and information activities to help inform Canadians about the voting process. Through the bill, we would empower young Canadians to pre-register for elections so that when they turn 18, they are automatically registered to vote. As well, the bill would make it easier to hire Canadians aged 16 to 18 as election officers, giving them an opportunity to get engaged earlier in the electoral process.

While we are making it easier for Canadians to vote, we are also making it more difficult for elections lawbreakers to evade punishment. The bill sanctions the powers of the Commissioner of Canada Elections and offers a wider range of remedies for enforcement.

Through the bill, the commissioner would again report to the Chief Electoral Officer and would have new powers to impose administrative monetary penalties for minor violations of the law, have the authority to lay charges, and be able to apply for a court order to compel testimony during investigation of election offences.

Budget 2018 would also provide $7.1 million to support the work of the Office of the Commissioner of Canada Elections. This funding would help ensure that the Canadian electoral process continues to uphold the highest standards of democracy.

In 2017, the Prime Minister expressly gave the Minister of Democratic Institutions a broad mandate to enhance the openness and fairness of Canada's public institutions. Part of that mandate is to deal with foreign influence and emerging technologies.

Last year, the member for Burlington, my predecessor and soon-to-be successor in the role of Minister of Democratic Institutions, asked the Communications Security Establishment to conduct a study on cyber-threats to our democratic processes. This first-of-its-kind public report found that there was no evidence of nation states interfering in the 2015 Canadian election, but that there has been an upward trend in cyber-threat activity against democratic processes globally.

We take that report seriously. It found that over a 12-month period, 13% of elections globally had some level of foreign interference. We recognize the seriousness of this threat. We cannot afford to ignore these threats and we have a responsibility to defend the integrity of our electoral system.

We are moving forward to protect our democratic institutions from cyber-threats and foreign interference. In budget 2018, the Government of Canada provided approximately $750 million for the creation of a new Canadian centre for cybersecurity. Budget 2018 also sets aside more than $100 million over the next five years for the creation of a national cybercrime coordination unit. These organizations will bring together expertise from across government, coordinate investigations, and protect and defend our government and democratic institutions from cyber-threats.

Bill C-76 takes a step forward in addressing potential manipulation of social media by prohibiting the malicious use of computers where there is an intent to obstruct, interrupt, or interfere with the lawful use of computer data during an election period.

Current provisions of the Canada Elections Act that deal with publishing false statements are, according to the Commissioner of Canada Elections, unenforceable. The bill before us would narrow the focus to information about criminal records and biographical information. A new provision would prohibit distribution of material intended to mislead the public as to its source.

Most importantly, we are closing the loophole that has previously allowed foreign entities to spend money in Canadian elections.

As a result of news reports earlier this year, Canadians are rightly concerned about the way private corporations use their personal information for political ends. I want to reassure Canadians that in Canada these corporations are already regulated under the Personal Information Protection and Electronic Documents Act, PIPEDA, but that does not mean our work is done. Through this bill, we are requiring for the first time that political parties be transparent about the steps they are taking to protect Canadians' personal information.

Bill C-76 requires political parties to have a publicly available privacy policy addressing a series of privacy issues in terms of how a party collects or gathers data, how it uses data, how it shares data. A party that does not meet these criteria will face deregistration by Elections Canada.

I also hope that colleagues on the procedure and House affairs committee, PROC, will revisit their study on privacy and political parties and provide recommendations on the issue. It was less than a year ago that PROC took a look at this issue and recommended no changes, but I think all members would recognize that the ground has shifted on this issue and that it bears revisiting by PROC. PROC represents all parties, so it makes a great deal of sense for it to be the vehicle to do a deeper dive into this.

Some of the measures in this legislation may be familiar to members of the House, as they were introduced previously in Bill C-33. This underscores the breadth and depth of input and advice that has gone into the bill before us.

This legislation has also benefited from the input of the Minister of National Defence and the Minister of Sport and Persons with Disabilities. I would like to thank them for their work. I want to thank parliamentarians who contributed to this at PROC, and I also want to thank Elections Canada. Eighty-five per cent of the recommendations from Elections Canada after the last election were incorporated into the bill. The report's findings after the last election are very much at the heart of the bill. Again, I want to thank the members of PROC, who conducted a detailed analysis of the Chief Electoral Officer's report.

Our government is committed to strengthening Canada's democratic institutions. We are committed to maintaining the trust of Canadians in our democratic processes. Bill C-76 would advance that agenda, and I urge hon. members to move expeditiously on it so that it can be in place for the October 2019 general election.

Business of the HouseOral Questions

May 10th, 2018 / 3:10 p.m.


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Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons and Minister of Small Business and Tourism

Mr. Speaker, this afternoon we will begin debate on Bill C-76, the elections modernization act. This debate will continue tomorrow, and the following week will be a constituency week.

However, if we receive a message from the Senate this afternoon about Bill C-49, the transportation modernization act, this bill will get priority.

Upon our return following the constituency week, we will resume debate on Bill C-76 on Tuesday.

On Wednesday, we will start debate at report stage and third reading of Bill C-57, an act to amend the Federal Sustainable Development Act.

On Thursday, we will begin debate on Bill C-75, the justice modernization act.

Finally, pursuant to Standing Order 81(4), I would like to designate Tuesday, May 22, for consideration in committee of the whole of the main estimates for the Department of Finance, and Thursday, May 24, for the Department of Citizenship and Immigration.

Opposition Motion—Production of Documents on Carbon PricingBusiness of SupplyGovernment Orders

May 8th, 2018 / 3:15 p.m.


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Liberal

Jody Wilson-Raybould Liberal Vancouver Granville, BC

Madam Speaker, I would like to table, in both official languages, a charter statement on Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments.

Democratic ReformOral Questions

May 8th, 2018 / 2:55 p.m.


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Kings—Hants Nova Scotia

Liberal

Scott Brison LiberalPresident of the Treasury Board

Mr. Speaker, the biggest challenge for our electoral democracy is not voter fraud, it is voter turnout. Bill C-76 will bring back voter ID cards and vouching, and we are also giving Elections Canada the mandate to promote turnout.

In the last Parliament, it was a Conservative MP who had to rise to apologize for falsifying stories about electoral fraud. I would urge the Conservatives to move on and recognize that what we should be doing is encouraging people—