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.

[Frank Baylis, Liberal, Pierrefonds—Dollard, QC]

Thank you. I'll start off with Mr. Slater.

A couple of weeks ago, we had another one of your gentlemen in, telling us that Google would not comply with Bill C-76, our new election campaign law. I asked, “Why not?” He said, “Well, we can't get the programming done in six months' time.”

I pointed out that Facebook can, and he said, “Well, our systems are more difficult and it's more complicated.”

He said, “We can't do it in six months”, so I asked him, “Okay, how much time do you need? When can you get it done?” He said he didn't know.

Can you explain that?

[Kevin Chan]

Well, sir, I have to say that we do desire very much to collaborate with the Parliament of Canada and the Government of Canada. The election that's before us is going to be an important one, and an important one for us to get right at Facebook. We want to ensure a free and fair election. That's why we have done all the things that we have done.

We're complying with Bill C-76. To my knowledge, we may be the only company represented on this panel that is moving forward with an architectured system to do this. We have moved quickly on hate figures and hate organizations in Canada, and we have signed on to the Canada declaration on electoral integrity. I would—

[Kevin Chan]

In terms of privacy we very clearly understand our important responsibility as custodians of people's data and the need for us to do better. That is why, since 2014, we have taken significant measures to drastically reduce the amount of data that third party applications can access on Facebook and why we're putting together a much bigger and muscular privacy function within the company. We've also made significant advancements to give people more transparency and control over their data.

We recognize that, while we're doing much more on privacy, we're all better off when there are overarching frameworks to govern the collection and use of data. Such frameworks should protect your right to choose how your information is used, while enabling innovation. They should hold companies such as Facebook accountable by imposing penalties when we make mistakes and should clarify new areas of inquiry, including when data can be used for the public good and how this should be applied to artificial intelligence.

There are already some good models to emulate, including the European Union's General Data Protection Regulation and Canada's Personal Information Protection and Electronic Documents Act. Achieving some degree of harmonization around the world would be desirable and would facilitate economic growth.

We also believe that the principle of data portability is hugely important for consumer choice and for ensuring a dynamic and competitive marketplace for digital services. People should be able to take the data they have put on one service and move it to another service. The question becomes how data portability can be done in a way that is secure and privacy-protective. Data portability can only be meaningful if there are common standards in place, which is why we support a standard data transfer format and the open source data transfer project.

Finally, Facebook is doing its utmost to protect elections on our platform around the world by investing significantly in people, technology and partnerships. We have tripled the number of people working on security matters worldwide from 10,000 to 30,000 people. We have developed cutting-edge AI technology that allows us to detect and remove fake accounts en masse.

Of course, we cannot achieve success working only on our own, so we've partnered with a wide range of organizations. In Canada we are proud to be working with Agence France-Presse on third party fact checking, MediaSmarts on digital literacy and Equal Voice to keep candidates, in particular women candidates, safe online.

Facebook is a strong supporter of regulations promoting the transparency of online political advertising. We think it is important that citizens should be able to see all the political ads that are running online, especially those that are not targeted at them. That is why we support and will comply with Bill C-76, Canada's Elections Modernization Act, which this Parliament passed, and will be engaging in the weeks ahead with Canadian political advertisers, including the federal political parties represented here today, on important changes for political advertising that will come to the platform by the end of June.

Finally, Mr. Chair, if I may, as you will know, Facebook is part of the Canada declaration on electoral integrity online, which sets out 12 commitments that the Government of Canada and certain online platforms agree to undertake together in the lead up to the October federal election. This is a strong expression of the degree to which we are taking our responsibilities seriously in Canada, and we look forward to working in lockstep with officials to guard against foreign interference.

Thank you for the opportunity.

We look forward to taking your questions.

2019 General Election

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

Madam Speaker, I have just recently relocated so this is the first view I have had from this corner in eight years. I have always been in another corner and my desk may have a different microphone. We have accommodated the new Green Party member for Nanaimo—Ladysmith and I have been moved to a space where I have a much better view of the Speaker and do not need my earpiece to hear discussions even with heckling all around me, as in question period.

I want to respond to the minister's comment. The minister's speech on the subject of digital platforms and how we protect ourselves during elections is a critical issue. I want to put on the record that as leader of the Green Party, I do not suspect for one minute that the current government is trying to rig the election. I was quite shocked by the comments of my friend from Calgary Midnapore. I want to put on the record that the idea that the leaders debates are being in any way rigged must be called out right here, right now.

In the 2015 election campaign, as leader of the Green Party and member of Parliament for Saanich—Gulf Islands, I was invited to participate in those debates by the media consortium. The Conservative leader, the prime minister at the time, Stephen Harper, said that he would not participate in the debates run by the media consortium. Joined by then the NDP, he managed to get the debates, which reached over 11 million Canadians in 2011 and had been the way in which leaders debates had been run since 1968, cancelled, depriving Canadians of the opportunity to hear leaders of the various parties state their positions and appear on the same stage in the same format.

To now have a member representative of the Conservative Party attacking an attempt to create a non-partisan panel of experts, headed by our former governor general David Johnston, saying that this is an attempt to interfere and rig an election, I am sorry. I have been in too many election campaigns as leader of the Green Party. Every time, the person and the party trying to keep the Green Party off the stage was Stephen Harper and the Conservative Party of Canada. I will not stand by and pretend that it is not important for democracy that we have leaders debates and that they be televised.

I would really like to know whether the current leader of the official opposition is prepared to give his word that he will show up. The connivance and the backroom trickery around leaders debates has to come to an end. I have said this before that it would have been better if the Minister of Democratic Institutions had brought forward as a part of Bill C-76 a panel to run leaders debates.

However, I really find it offensive. I reject the notion about a panel where the debate commissioner is known to us. It is our former governor general David Johnston. That process is, by my appreciation at this moment having watched it unfold, a fair process despite missteps in not having it grounded in full consultation with all parties. It is a fair process and I want to step up and make it very clear that what the member for Calgary Midnapore said is not how I observed the process. It is an attempt at fairness after many elections that have been unfair, given connivance and backroom operations to shut down debates.

In this case, I do not see what the minister is offering as further evidence of Liberal connivance to rig the election. However, I do entirely agree with the hon. member for Elmwood—Transcona that this is not enough.

This does appear to be a request of Facebook, Microsoft and Twitter to do better. It is a request of those platforms to live up to our standards. I know those operations are trying to clean up their act. I have heard apologies in various media from the U.S. Congress where they have appeared. I have heard Mr. Zuckerberg say that he is sorry that Facebook information was misused. We are in a very serious crisis for democracy if the best we can do is hope for better from multinational digital operations that will see the Canadian election as small potatoes.

Digital platforms missed the boat. They did not pull down fake platforms, fake identities and fake users, as they should have. I recently saw that although they admitted that a video of Nancy Pelosi that has been placed on Facebook was altered to make her appear disreputable, they were not prepared to pull it down.

I do not want to go into the 2019 election trusting in the good intentions of Facebook, Microsoft and Twitter. We are going to need to actually regulate. We are going to need to make sure that they pay fair taxes. There are many things we are going to need to do.

I appreciate the spirit in which the minister has brought forward this new declaration on digital platforms, sharing of information and keeping Canadians informed and up to date. However, much more is going to be required. I do not think we will get very far with kind entreaties. We are going to need to say that election campaign ads and the placement of profiles online will start requiring cleaning up the space, from abuse, misogyny and racism and giving oxygen to white supremacists.

We have to stop allowing any of the digital platforms to provide publication rights on their platforms to people who are not transparent about their names and addresses, and they must be verifiable. We must ensure that we apply the same kind of publication identity to digital platforms that our print media have from time immemorial. We do not allow someone to write to The Globe and Mail and publish something using someone else's name and identity. The newspaper requires people to give their names, addresses and daytime phone numbers. The same thing should be required for Facebook, Microsoft, Twitter and any of the accounts out there that have the potential to steal an election.

By the way, as a small addendum, for anyone who does not understand the power of these entities to steal an election, I recommend the film Brexit. It was made as a dramatic film, not as a documentary. It is very close to being produced in real time. If members are is not aware of how dangerously these instruments can be used in a democracy to mislead and lie to people, they specifically target people who are prepared to believe a certain argument. They find out who they are. They run fake contests to collect people's information. That is why our dear friends in the Parliament of Westminster are in an ongoing hell on earth. It is because of the very actors we are talking about today.

[Stephanie Kusie, Conservative, Calgary Midnapore, AB]

Mr. Speaker, the Liberal government has dismissed the importance of our democratic institutions over the last four years as it goes about its policy agenda.

Our democracy and our democratic institutions are the foundation of our system of governance and one of the primary reasons for our country's prosperity and success. Canadians deserve and expect a healthy democracy, which includes a competitive multi-party system, secure and regular elections as well as significant public access and transparency.

The Liberal government has failed to uphold these principles. Through Bill C-76, which received royal assent in December, it introduced a pre-election period whereby political parties are subject to numerous restrictions, including spending limits. However, during the pre-election period, the government is not subject to the same restrictions on activities. The government is still allowed to conduct numerous activities, such as town halls that are paid for by taxpayers instead of the Liberal Party. This will put opposition parties at a severe disadvantage.

The Liberal government knows that the Conservatives are its biggest threat leading up to the election, and that we have consistently out-fundraised the Liberal Party over the last several years. Liberals are using these spending cap provisions in Bill C-76 as a part of their attempt to rig the next election in their favour.

Foreign interference in our elections is a serious global threat. The Communications Security Establishment reported that there was foreign interference in the 2015 election, and it is expected that there will be more in this year's election. Every vote cast by a Canadian citizen matters, and the Liberal government should be working harder to keep foreign entities from undermining our democratic institutions. Unfortunately, the government is not taking the necessary steps to eliminate the possibility of foreign influence in future elections.

Omnibus Bill C-76 encompassed a vast number of reforms, but one of the key objectives of this bill was to implement policies that would prevent foreign interference in our elections through third party financing regulations. Canadians deserve to know where the money for elections is coming from, and it is up to the Liberal government to ensure that third party entities are being fully transparent. However, the government has left extensive loopholes, which would allow for foreign interference in our elections to still occur.

At the Standing Committee on Procedure and House Affairs, our party put forward numerous amendments at the committee stage of this bill to fix this. Regrettably, the Liberals used their majority to vote these amendments down. If the Liberal government were serious about preventing foreign influence or interference, it would have considered and passed these amendments. Instead, it is continuing to allow Liberal-friendly foreign special interests to interfere in our elections.

On October 31, 2018, the Liberal government announced the creation of a debates commission, which is to be implemented for the 2019 election. It has essentially created a new and unaccountable office to oversee elections and interpret vague and poorly worded regulations. By unilaterally imposing new rules around televised leaders' debates, the Prime Minister is once again attempting to rig the election in his favour.

There is absolutely no reason or precedent for the executive branch of government to impose election regulations without even a debate in the House of Commons. It is an affront to our democracy.

A debates commission, as long as it is under the prerogative of the government, will have difficulty remaining entirely independent from the government of the day. Elections must be decided by Canadians in a transparent electoral system that is fair for all parties. This is not what is happening under the Liberal government. It unilaterally chose the commissioner for the debates' commission when it was recommended that it be chosen through consensus of the House of Commons.

The criteria to participate in the leaders' debates was also determined by the Liberal government, when it was recommended to be determined by an independent advisory board. How debates are formatted has a tremendous impact on elections and on how Canadians view their potential leaders. It has been made evident that the leaders' debates are best left in the hands of parties, candidates, the press and Canadian voters to negotiate, not the government.

The federal government has named the eight Canadian organizations that will sit on a special advisory panel tasked with determining the eligibility to receive part of the Liberal government's $600-million media support fund. A healthy democracy relies on an independent press, free of political influence. It should never be up to any government to determine which media outlets receive government support and which media outlets do not.

The Prime Minister is compromising both the independence of the media and the integrity of our electoral process with this election year bailout.

Including Unifor in the panel that will determine eligibility for a $595-million bailout package will also greatly undermine the credibility of this panel's work. In the 2015 general election, Unifor was a registered third party that conducted massive amounts of partisan advertising. It is an extremely partisan group and has campaigned extensively against the Conservative Party. In November, it even published tweets calling itself the “leader of the official opposition's worst nightmare”. This is just the latest example of the Liberal government trying to stack the deck in its favour to get re-elected in October.

Although the Liberal government is fighting hard against the opposition and abusing its powers, we will use every tool at our disposal to continue to hold the Prime Minister accountable when he fails to protect our democratic institutions. We will fight his desperate and pathetic attempts to rig the next election in his favour.

[Karina Gould, Liberal, Minister of Democratic Institutions]

Mr. Speaker, it is my pleasure to rise in the House today to share an update with Canadians on our efforts to safeguard the 2019 federal election.

As everyone knows, Canada's 43rd general election will take place this October.

Elections are an opportunity for Canadians to be heard and for Canadians to express concerns and opinions through one of the most fundamental rights, the right to vote. However, this election will also experience an unprecedented amount of scrutiny.

In recent years, we have witnessed foreign actors looking to undermine democratic societies and institutions, electoral processes, sovereignty and security.

Their malicious, multi-faceted and ever-evolving tactics constitute a serious strategic threat. Tools that were once used to strengthen civic engagement are being used to undermine and disrupt democracy.

Such malicious activity strikes at the heart of trust. It threatens to erode faith in democratic institutions. We must be prepared for this. We cannot allow this trust to be broken.

I can assure the House that our government takes this issue very seriously. A growing awareness of global cyber-threats has, if anything, strengthened our resolve to preserve the things we treasure.

We have taken steps to understand the possible threats to our democratic institutions, where they come from and how they could affect our electoral process.

We have a comprehensive and solid plan to anticipate, recognize and respond to these threats.

This plan is based on four pillars: enhancing citizenship preparedness, improving organizational readiness, combatting foreign interference and expecting social media platforms to act.

The plan builds on the important legislative changes made in Bill C-76 regarding the online ad registry, banning platforms from knowingly accepting foreign funds for ads, strengthening enforcement provisions, and clarifying the language around false statements and impersonation of candidates, parties and electoral officials.

It is impossible to halt all attacks, but we must work together to mitigate the impact of interference in our democratic processes.

This includes governments, political parties, social media platforms and citizens.

Canada has one of the most-connected populations in the world. Almost three-quarters of Canadians use online platforms regularly like Facebook, YouTube, Instagram, Twitter and LinkedIn.

Online platforms have had a revolutionary impact on Canadians’ lives. They bring us together in ways unimaginable to previous generations. They make possible the sharing of ideas on an unprecedented level.

Yet, throughout the world's democracies, we see an online threat environment where malicious actors interfere with and try to influence the outcome of elections. These attacks are malicious. Sometimes they can be well masked and hard to detect. These threats can weaken our confidence in our democratic system and processes.

In January, as part of our plan of action to protect the election from foreign interference, we announced our expectation that digital platforms would step up their efforts to combat cyber threats and foreign attempts to manipulate their communities.

I am here today to update Canadians on our progress in securing voluntary action from major platforms. We have been engaging digital platforms in ongoing, good-faith discussions.

We have attempted to reach consensus on a common set of expectations to protect the integrity of the 2019 election.

We have had productive conversations, but these discussions have not come without challenges. Our guiding objective throughout these discussions has been simple. We want to see meaningful action to protect our democracy and our citizens.

The best way to do that is to be transparent, to be transparent about what we as a government are doing, but also insisting that platforms be more transparent with Canadians about where their information is coming from, who is behind the information they consume and with whom they are engaging online.

The better we understand the information we are consuming, the more empowered we are with how we use that information.

That is why today I am presenting Canada's declaration on electoral integrity online. It details basic responsibilities for digital platforms and the government.

To ensure the integrity of online content, we expect platforms to intensify efforts to combat disinformation and inform Canadians about efforts to safeguard the Internet ecosystem, to promote safeguards to address cybersecurity incidents, to protect against misrepresentation of candidates, political parties and key electoral officials and to ensure privacy protection.

For its part, the government will ensure that platforms have clear points of contact for election-related matters during the pre-election and election periods.

To promote greater online transparency, we expect platforms to help users to understand when and why they are seeing political advertising and to ensure that terms and conditions are easily accessible, communicated in a manner that is easy to understand and enforced in a fair, consistent and transparent manner.

For its part, the government will implement the critical election incident public protocol to ensure that public communications on potential incidents are clear and impartial.

To provide greater authenticity, we expect platforms to remove fake accounts and inauthentic content from their platforms, assist users to better understand the sources of information they are seeing and block and remove malicious bots.

In return, platforms and the government will work with civil society to support efforts aimed at improving critical thinking, digital literacy and cybersecurity practices and will facilitate the sharing of information within relevant legal mandates on emerging developments and practices that help to protect Canada's democracy.

We are encouraged that Microsoft and Facebook have agreed to support this declaration, and on behalf of Canadians, I urge other platforms to follow suit in the coming days.

I wish to stress that the wild west online era cannot continue. Inaction is not an option. Disinformation must not stand.

Our citizens demand and deserve no less.

In recent years we have seen foreign powers strive to manipulate online platforms to achieve their narrow disruptive goals.

We have seen false information presented as fact. We have seen divisions stoked. We have seen concerted efforts to undermine democracy and unravel social cohesion.

The government has a responsibility to protect Canadians from such foreign threats. We will continue our work with platforms over the next few months to measure progress against the expectations set out in this declaration. I commit to keeping Canadians informed of that progress.

This is a call to action for digital platforms, the latest call amid a growing international demand that platforms do more to protect their users.

I call upon digital platforms that are operating in Canada and that care about protecting our election to join Microsoft and Facebook and publicly commit to meeting these expectations.

Democracy is rooted in the trust people have in the process and in the legitimacy of the outcome. Canadians are knowledgeable and engaged.

Canadians can be reassured that as they prepare to exercise their right to vote, we are working hard to prepare for a free, fair and secure 2019 federal election so that we can continue to uphold the trust and confidence we all share in our democracy.

[Karina Gould, Liberal, Burlington, ON]

I think the ad registry that this committee brought forward in Bill C-76 will play a very important role in that. Facebook has stated that it will have an ad registry for the pre-writ and writ period. I think that's a really important measure, because Canadians will be able to see all of the advertisements that political actors are putting forward during that period. I think that is very important.

I also think you raise an interesting point with regard to micro-targeting. It's an ongoing conversation we're having. It's one that I imagine will also come up during the grand committee event that will happen in a couple of weeks about what that means in terms of different political actors using that and not having a full picture. One of the interesting things I always think about is that if you're advertising through more traditional means, whether it's on the radio, on TV or in newspapers, you are going to see all of the different political ads, because that's the one venue you have to look at it. On social media, you may see only one party's ads, for example, because maybe you're not part of the target demographic. That's certainly something that I think we need to reflect on further in terms of whether or not that fits within the spirit of our elections legislation.

Democratic Reform

[Arif Virani, Liberal, Parliamentary Secretary to the Minister of Justice and Attorney General of Canada and to the Minister of Democratic Institutions]

Madam Speaker, we categorically reject the premise of that entire question.

First, Bill C-76 was fundamental to ensuring the stability of the democracy in this country in response to the unfair elections act.

Second, when we are talking about elections and electoral fairness, we need to talk about online platforms, including social media companies.

Third, regarding notice to those companies, they have had adequate and ample notice.

Fourth, the resources of those companies are larger than those of most nations on this planet, for goodness' sake. To purport that they have not had the ability to address these issues is absolutely and categorically false.

[Arif Virani, Liberal, Parliamentary Secretary to the Minister of Justice and Attorney General of Canada and to the Minister of Democratic Institutions]

Madam Speaker, in all fairness, we will take no lessons from the other side about making changes to the electoral system. The legacy of the unfair elections act has been long, and we heard about it extensively in 2015. We acted promptly to deal with it.

With respect to the social media platforms and the position they are taking today, we find that disappointing. We know these social media platforms have the resources and the ability to take action, and to take action now. We know that Bill C-76 was given first reading well over a year ago and its long endurance within this Parliament is largely due to the blockage of that legislation by the Conservative Party at PROC.

[Jason Kee]

There are several things there.

Number one, if that were the case, it's puzzling as to why we would take a decision that is costing us money, insofar as we're no longer earning revenue from a class of ads. More importantly, vis-à-vis our publisher partners, vis-à-vis YouTube creators, we operate under a partnership model where we actually share revenue. In the case of websites, for example, that use Google's infrastructure—which is what has generated our challenges for complying with Bill C-76, because they show Google ads against their content—they earn more than 70% of the revenue for every single ad that shows because they're the ones providing the content.

[John Nater, Conservative, Perth—Wellington, ON]

I want to go back to Bill C-76 for a minute.

When we talk about technology, innovation, the digital economy, the first people I think of are not public servants at the Privy Council Office; they are not public servants at Elections Canada. When I think of the digital economy and things like that, I think of companies like Google, Facebook, Twitter—those that are innovating.

In your testimony, you mentioned that you weren't consulted by the drafters of the legislation. I find that troubling. Government is probably one of the worst offenders for keeping up with technology, especially when drafting legislation, when they're not consulting with those within the industry.

You mentioned that the decision not to advertise was largely a technical decision, based on the requirements of obtaining that by June 30, July 1. I can accept that, and I want to put on the record the reason why I accept that.

Elections Canada themselves said that the provisions in Bill C-76 ought to have been in law with royal assent by April 30, 2018. On April 30, 2018, the legislation was only just tabled in the House of Commons. It did not receive royal assent until December 2018.

If Google, YouTube, your private businesses decide tomorrow that you no longer want to stream cute cat videos, there is nothing that the Government of Canada can do force you to do so. I would assume it would be the same with any type of advertising. If you decide not to advertise for any reason outside of human rights violations, there is nothing requiring you to do that.

What I find fascinating, though—and it is more of a rant than a question—is that the Government of Canada, in their rush to implement this legislation at the very last minute of the time period they're able to do it within, never consulted with those who would be implementing a large portion of this legislation.

The changes were done in clause-by-clause. There were 200-plus amendments in clause-by-clause. I was part of those discussions. I missed a few of them for the birth of a child, but I was there for most of the discussions. Then, they were table-dropped at the very last minute, after the witnesses had the opportunity to discuss....

It's not a question, but you're welcome to comment on that. I am just incredulous that the government would rush this legislation—the very last possible period of time to have it implemented before the election—and then expect every private business to comply with the rules for which they have had no opportunity to, (a) be consulted or (b) make suggestions during the period that clause-by-clause happened.

I'd be happy if you have any comments on that.

[David Graham, Liberal, Laurentides—Labelle, QC]

I appreciate your point.

Mr. Kee, I talked in the last round of questions about the 15 word changes. Between rounds, I've been looking through my notes, because I do sit on PROC and I was involved with the Bill C-76 process from beginning to end. We had numerous witnesses and numerous submissions, but I cannot find any from Google. On those 15 words, how would—

[Colin McKay]

I believe the conversations around GDPR took upwards of four years to deliberate on the legislation itself and then its implementation. It's still going through implementation. The focus we had on GDPR from the outset was both on participating in the discussion about the content, the tone and the objectives of the legislation, working closely with the European Commission and their staff, and then on also ensuring we had the systems in place to be able to comply with it. That's still an ongoing process.

If you're drawing an analogy, there's an extreme distinction between the way the amendments to Bill C-76 were considered and implemented and the way legislation normally is considered and implemented.

[David Graham, Liberal, Laurentides—Labelle, QC]

Thanks.

I want to build on other questions on timelines. At the very beginning, in the first round of questions, we were trying to get a sense of whether you would be ready for the next election in 2023. That seemed to be a difficult question to answer. I never got an answer that said “yes, Google will be ready to implement Bill C-76, by the 2023 federal election”, assuming it happens at that time.

If we know that it's going to be ready for 2023 and we know it's not going to be ready for June 30, 2019, do you know? Are you actively working on it now? Do you know if it's going to be ready at some point between those two dates?

[Frank Baylis, Liberal, Pierrefonds—Dollard, QC]

Thank you, gentlemen.

I want to follow up a little bit on what my colleague Nate was saying. We are clearly struggling to believe you about the aspect of you being able to meet the requirements of Bill C-76. Facebook says they can meet them. Are you aware of that?