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.

Democratic Reform

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Mr. Speaker, the integrity of our elections is something most Canadians take for granted, but as Wendell Phillips said in 1852, “Eternal vigilance is the price of liberty.”

Vigilance and a commitment to the integrity of our elections requires us to confront the Liberals' disastrous proposals in Bill C-76, proposals that will bring the integrity of our electoral process into question and weaken our democracy.

To have confidence in the results of an election, Canadians expect three simple things: that voters prove who they are; that voters prove where they live; and that our elections are free of foreign interference. Bill C-76 would weaken all three of these. It would eliminate ID requirements, ID requirements that are already among the most generous in the world. It would allow Canadians living abroad to choose which riding to vote in, whether or not they demonstrate any plausible connection to that riding. It would introduce no meaningful safeguards on foreign interference at a time when more and more foreign actors want to manipulate our politics.

The bill is a clear and present threat to the integrity of Canadian elections. We will fight it every step of the way.

[Matthew Shea, Chief Financial Officer and Assistant Deputy Minister, Corporate Services, Privy Council Office]

Good afternoon, Mr. Chair and members of the committee. Thank you for inviting the Privy Council Office, the PCO, to review our 2018-19 main estimates and departmental plan.

My name is Matthew Shea. I am the Assistant Deputy Minister of Corporate Services and the Chief Financial Officer of PCO.

I am accompanied today by Ms. Marian Campbell Jarvis, Assistant Secretary to the Cabinet, Social Development Policy; Mr. Shawn Tupper, Assistant Secretary to the Cabinet, Economic and Regional Development Policy; and Mr. Rodney Ghali, Assistant Secretary to the Cabinet, Impact and Innovation Unit in the Privy Council Office.

As you know, the mandate of the PCO is to serve Canada and Canadians by providing professional, non-partisan advice and support to the Prime Minister and the ministers within his portfolio, and to support the effective operation of cabinet.

PCO supports the advancement of the Government of Canada's policy, legislative, and government administration agendas and coordinates responses to issues facing the government and the country.

The head of the PCO is the Clerk of the Privy Council. The clerk also acts as secretary to the cabinet and head of the public service.

PCO has three main goals: to provide non-partisan advice and support to the Prime Minister, portfolio ministers, cabinet, and cabinet committees on matters of national and international importance, including policy, legislative, and government administration issues faced by the government; to serve as a secretariat to the cabinet and all of its committees, with the exception of the Treasury Board committee, which is supported by the Treasury Board of Canada Secretariat; and to foster a high-performing and accountable public service.

Like the Department of Finance and the Treasury Board of Canada Secretariat, the PCO is a central agency, and it exercises a leadership role across government departments and agencies to provide advice to the Prime Minister and cabinet as well as to ensure the coherence and coordination of policy development and delivery.

I'd like to begin with a brief overview of the 2018-19 main estimates and the 2018-19 departmental plan. PCO is seeking $166.4 million overall for its core responsibility, which is to serve the Prime Minister and cabinet, and for its internal services.

PCO will coordinate the government's efforts to deliver policy and initiatives by using a whole-of-government approach. This will include strengthening diversity and inclusion, including support to the special adviser to the Prime Minister on LGBTQ2 issues and ensuring that perspectives of transgender, non-binary, and two-spirit Canadians inform the Government of Canada's collection, use, and display of sex and gender information.

It will also include reviewing relationships with Canada's indigenous peoples and aiding the working group of ministers' review of laws and policies, as well as the National Inquiry into Missing and Murdered Indigenous Women and Girls, as part of Canada's continuing effort to advance reconciliation, as well as bilaterally and multilaterally collaborating with provinces and territories on key priority areas in order to maintain and advance intergovernmental relations.

It will include ensuring that Canada has an open and accountable government, in part through regular non-partisan updates on the status of ministerial mandate letter commitments posted on the mandate letter tracker website and by supporting the government's commitment to open, transparent, and merit-based selection processes for Senate and GIC appointments.

It will also include coordinating and supporting international trade negotiations, including NAFTA, as well as supporting the Prime Minister's international travel and participation in summit-level meetings; coordinating the development of legislation and policies with regard to national security and intelligence, and responding to global concerns and threats to exports, investments, and the safety and security of Canadians; public service renewal and modernization, including the innovative impact Canada initiative and a commitment to the advancement of healthy workplaces that promote diversity and inclusion, are free from harassment and bullying, and foster innovation; and, finally, improving, strengthening, and protecting Canada's democratic institutions by supporting initiatives relating to political party leaders' debates, the elections modernization act, and political fundraisers.

We will continue to support the Prime Minister in his role as Minister of Intergovernmental Affairs and Youth, and coordinate the development of policy informed by engagement with youth and youth-serving organizations, in partnership with the Prime Minister’s Youth Council.

As part of ongoing modernization efforts, we will measure performance using the departmental results framework, an approach that will focus on results rather than activities. We will also employ such analytical tools as gender-based analysis to assess policy and program implications for women, men, and gender-diverse people.

We will continue to replace and upgrade current IT infrastructure and systems as part of our information management and information technology project.

This brief summary of PCO's 2018-19 departmental plan touches on a few of the means by which PCO will continue to support the clerk as head of the public service, the Prime Minister, and cabinet as part of a whole-of-government approach.

Mr. Chair, members of the committee, thank you for the opportunity to provide you with this context.

We would now be pleased to answer your questions.

[Gérard Deltell, Conservative, Louis-Saint-Laurent, QC]

Mr. Speaker, all Canadians know that the Liberal Party and the Prime Minister have zero credibility when it comes to talking about electoral reform, since they broke a key election promise on electoral reform. Nevertheless, Bill C-76 contains some pretty bad ideas, such as doing away with photo identification in favour of just a voter card. During the last election, one million voter cards contained errors.

Why are they playing games with democracy?

[Scott Brison, Liberal, President of the Treasury Board]

Mr. Speaker, Bill C-76 would actually protect the integrity of our electoral system. It would also help protect the personal and private information of Canadians, and it would encourage and help more Canadians to participate in the electoral system and to vote in elections. Beyond that, there are actually measures in Bill C-76 that would ensure that foreign money is not spent in Canadians' electoral system.

We would urge the Conservatives to support Bill C-76 and to help move forward with an even stronger electoral system for Canadians.

[Blake Richards, Conservative, Banff—Airdrie, AB]

Mr. Speaker, we all know the Liberal government's record on electoral reform, and it is not pretty. The Liberals have continuously tried to use every trick in the book to quash opposition debate and to tip the electoral scales in their favour. They tried to quell debate by introducing a motion that would allow unprecedented and undemocratic Liberal control over the ins and outs of parliamentary business. They broke their promise to Canadians on electoral reform when they could not push through an electoral system that experts said would have only benefited the Liberal Party. They have tried to force through changes in committee that would have had the Liberals skip work on Fridays and the Prime Minister show up to work only one day a week. They have used the ministers' offices and Prime Minister's Office for partisan cash for access fundraisers. Now, they are trying to force through changes in Bill C-76 that would make up to one million votes susceptible to fraud in the election. Do the Liberals not know that Canadians can see through their tricks, and simply do not trust them to make electoral changes that are in the benefit of Canadian democracy and not just of the Liberal Party?

[Andy Fillmore, Liberal, Parliamentary Secretary to the Minister of Democratic Institutions]

Mr. Speaker, the main challenge for our electoral democracy is not voter fraud but voter participation. Eliminating the voter ID card does not improve the integrity of the system. It only takes away the ability of many qualified voters to vote.

In Bill C-76, we are not only restoring the use of voter identification cards and vouching, but we are also giving back the mandate for Elections Canada to promote participation. The Conservative Party's so-called Fair Elections Act was simply cover for a government determined to wring political gain from every measure.

We will take no lessons from the party opposite. We believe Canadians have a right to vote and we will continue to fight for that.

[Andy Fillmore, Liberal, Parliamentary Secretary to the Minister of Democratic Institutions]

Mr. Speaker, we are committed to strengthening Canada's democratic institutions and increasing Canadians' trust and participation in our democratic processes.

Bill C-76 is a great example of that. The bill would increase the transparency of our electoral process. It would make elections more accessible to all Canadians. It would make the electoral process more secure and ensure political parties protected Canadians' privacy.

We believe that a whole-of-government approach is required to protect Canada's democratic institutions. We look forward to working with all members in the House to build a more open and transparent system for Canada.

Business of the House

[Bardish Chagger, Liberal, Leader of the Government in the House of Commons and Minister of Small Business and Tourism]

Mr. Speaker, this afternoon we will resume third reading debate on Bill C-48 on the oil tanker moratorium. The debate shall continue tomorrow.

On Monday, we will start report stage and third reading of Bill C-65 on harassment. Tuesday will be an allotted day.

Next Wednesday, in accordance with the order adopted on April 26, the House will resolve itself into a committee of the whole following question period to welcome the athletes of the 2018 Pyeongchang Olympic and Paralympic Games. Afterward, the House will proceed with debate at report stage and third reading of Bill C-21, an act to amend the Customs Act.

Next Thursday, we will only begin the debate of Bill C-76, an act to amend the Canada Elections Act. As members have heard in this House numerous times, we are committed to seeing more people participate in democracy. I have always committed to ensuring that there is a reasonable amount of time to debate and also to ensure that the committee can do its work. Therefore, I look forward to hearing from all parties how much time is needed so that we can continue to ensure that legislation is advanced in a timely fashion.

Just quickly, Mr. Speaker, I want the opposition House leader and all colleagues to know that this is our parliamentary family, and we are always going to be here to work together. We know that in the days and weeks and years to come, there might be times that we need to lean on each other, and we will always be here to do that, and I know the opposition does the same. We sincerely appreciate those kind words today. Our thoughts and prayers are with the members.

[Candice Bergen, Conservative, Portage—Lisgar, MB]

Mr. Speaker, before I ask the Thursday question, I do want to just express my gratitude to the government House leader and to all our Liberal and our other colleagues for the way they responded yesterday after the sudden passing of our colleague, Gord Brown. I thank them for their response.

In regard to the business coming up, I want to specifically ask, if I could, about Bill C-76. There are some rumours that the government may be deciding to try to fast-track the bill in some way or another, so I hope that the government House leader can please clarify that the government will indeed not do that. Given the potential impact of Bill C-76 on our democracy, it is very important that sufficient time be allotted. In fact, the House would welcome a commitment from the government that respects the intent of a Liberal motion introduced and previously proposed by the House leader's colleague, the Liberal member for Coast of Bays—Central—Notre Dame. This Liberal motion, proposed on April 10, 2014, sought to limit the government's ability to shut down debate on a bill regarding elections and our democracy.

That was a Liberal motion. I would ask if the government House leader could give us the update on what the business of the week will be, keeping that in mind and respecting the need we all have to debate important bills around democracy with sufficient time.

Democratic Reform

[Scott Brison, Liberal, President of the Treasury Board]

Mr. Speaker, we are strengthening Canada's democratic institutions with Bill C-76, and we are increasing Canadians' trust and participation in our electoral process. We are increasing the transparency of the electoral process. We are making elections more accessible to Canadians, including Canadians with disabilities. We are making the electoral process more secure and ensuring that political parties protect the privacy of Canadian citizens. Our government is strengthening the democratic institutions that the Conservatives actually attacked throughout their time in government.

[Scott Brison, Liberal, President of the Treasury Board]

Mr. Speaker, I am awfully glad the hon. member had a supplementary question, because there are so many things the Conservatives did to attack our electoral system that I needed more time. In fact, the parliamentary secretary to their prime minister went to jail for breaking election rules. The Conservatives attacked our democratic system; the Liberals are strengthening it. That is what Bill C-76 would do, making it easier for Canadians to vote, while strengthening our democratic system. More people voting is good for our democratic system.

[Scott Brison, Liberal, President of the Treasury Board]

Mr. Speaker, with Bill C-76, our government is making it easier for Canadians to vote, and tougher to break the rules. The defeated Harper Conservatives, on the other hand, made it tougher for Canadians to vote, and they broke the rules. We will not take lessons from the defeated Harper Conservatives—

[Scott Brison, Liberal, President of the Treasury Board]

Mr. Speaker, I thank the New Democrats for what they said yesterday, that they actually agree with some of the provisions in Bill C-76. In fact, they agreed broadly with the principle that Bill C-76 could actually strengthen our democratic process.

Eighty-five per cent of the recommendations of Elections Canada are in fact proposals in Bill C-76,, so we have every confidence that Elections Canada can make this work before the next election.

[Scott Brison, Liberal, President of the Treasury Board]

Mr. Speaker, Bill C-76 would strengthen Canada's electoral system and increase the participation of Canadians in our electoral process. Yesterday, I spoke to the acting Chief Electoral Officer about the legislation. The potential to increase the transparency of our electoral process, and to make elections more accessible and the electoral process more secure, is important. That is why it is important that we pass the bill through Parliament and the Senate, and make sure it is in place for the next election. I have every confidence that it will be.

Elections Act

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

moved for leave to introduce Bill C-401, An Act to amend the Canada Elections Act (voting age).

Mr. Speaker, it is my great honour to introduce a new bill today. Bill C-401 will lower the voting age in Canada and create a system in which young people can vote once they turn 16.

The objective of this legislation is to increase voter turnout among young people in Canada. Across a number of western democracies, voter turnout is the weakest in the demographic where voting matters the most, the people on whose lives the decisions will have the most impact. Young people in Canada, ages 18 to 24, vote the least. Research has shown that if they start voting at a younger age they will continue voting longer. If someone has not started voting before the age of 25, that individual will not start voting at 30. The evidence is clear.

The goal of this amendment to the Canada Elections Act is to give young people the right to vote at the age of 16, knowing that in the context of still being in high school, still being at home, and being in their own community, they are more likely to vote.

I hope the House will look on this bill favourably. Some small adjustments will need to be made based on Bill C-76, which was tabled in the House yesterday.

(Motions deemed adopted, bill read the first time and printed)