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

Elections Modernization ActGovernment Orders

October 30th, 2018 / 1:15 p.m.


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The Deputy Speaker Bruce Stanton

Before we resume debate, I do recognize there are members on the government side who are trying to get in on questions and comments. We are going back to speeches on the opposition side now, so there will be ample opportunity to do that. I know members have been quite talkative today and sometimes it is hard to rein that in, but in any case, we will resume debate and make sure that members to my right have an opportunity to get into the debate.

Resuming debate, the hon. member for Edmonton Griesbach.

Elections Modernization ActGovernment Orders

October 30th, 2018 / 1:15 p.m.


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Conservative

Kerry Diotte Conservative Edmonton Griesbach, AB

Mr. Speaker, today I am splitting my time with the member for Perth—Wellington.

Fair and free elections are the bedrock of our democracy, something which all Canadians can and should be proud of. We all know that every Canadian citizen is entitled to vote and ensuring the fairness of the system is a civic duty that all parliamentarians and Canadians have an interest in. That is why Bill C-76 is so troubling, because instead of strengthening the integrity of our electoral process, it actually weakens it.

What is especially concerning is the proposal to allow voter information cards to act as acceptable voter identification. In the 2015 election, there were serious issues with voter information cards with some one million voter information cards having inaccurate information. That included cases of voter information cards having the wrong name or directing voters to the wrong polling station. There were even cases of voter information cards being mailed to people who were ineligible to vote, which is a very serious matter.

The 2015 election was also not a one-off problem. According to Marc Mayrand, the then chief electoral officer of Canada, these problems were normal and they were in accordance to past history.

More recently, the Toronto Sun reported that a female asylum seeker who has been in Canada only 18 months was urged by Elections Canada to register to vote. The Elections Canada letter told the woman to register by October 23, saying that registering in advance will ensure she is on the voters list. The problem is the woman should not be on the voters list because she is ineligible to vote. Her husband, who is also not a citizen, said that this is not an isolated incident. He told the Toronto Sun that some friends of his here on work permits have also been urged to register to vote even though they too are ineligible.

Elections Canada continues to have serious issues in ensuring that its information is accurate. It makes absolutely no sense to rely on voter information cards as acceptable identification especially considering there are multiple alternative sources of identification that are readily available and that are not prone to such errors.

Under the current system used by Elections Canada, there are more than 30 acceptable forms of identification. One can use as the sole source of identification a driver's licence, a provincial or territorial ID card, or any other government issued photo ID with an address. In combination, a person could use a health card, a passport, birth certificate, certificate of Canadian citizenship, a bank statement, government statement of benefits, income tax assessment, residential lease or sublease, a utility bill, a label on a prescription container, or a letter of confirmation of residency from a school, shelter, seniors residence or first nation. Those are just a few of the possible options.

This legislation also fails to deal with foreign interference in Canadian elections. All Canadians can agree that foreign influence in any democratic election is a serious concern and we must absolutely forbid it. It is really disappointing that the government would leave such a large omission with respect to its legislation.

Ironically, Canadians probably have heard more about allegations of interference in the 2016 U.S. election than the very real foreign influence that happened in the last Canadian federal election. During the 2015 federal election, left-wing lobby groups, one by the name of Leadnow, with the support of the U.S.-based Tides Foundation, targeted 29 federal ridings and spent scads of money to influence the outcome of our election. The Tides Foundation also provided support for more than 14 other registered third parties.

The problem is that under the current rules this is somehow acceptable due to a loophole in the law. But again, according to former chief electoral officer Marc Mayrand, “Once the foreign funds are mingled with the organization in Canada, it's the Canadian organization's funds. That's how the act is structured right now, and they can use those funds between or during elections.”

What this ultimately means is under the current rules, third parties have no limitations on the use of foreign funds during elections. I assure the House that everyday Canadians in my constituency do not think this is acceptable in any way.

I am left wondering why my hon. colleagues across the way are leaving this loophole in place at all. I have a funny feeling this loophole would be a much higher priority for them if the money had not directly benefited them in the last election.

If a registered third party would like to intervene in a Canadian election, it should do so only with money raised by Canadians. This is especially important because of the marked increase in registering third parties and their role in Canadian elections.

Comparing the 2011 and the 2015 elections, registered third parties more than doubled from 55 to 115 organizations and third party advertising spending increased sixfold from $1.25 million to $6 million. Instead of tackling this issue, Bill C-76 would actually make the problem worse in several ways.

Under the legislation, third party spending limits during the writ period will be doubled for each registered third party. That also means there is more foreign money that could be used in Canadian elections.

This legislation is also silent on unlimited contributions from individual donors. Donations to political parties now, as we are all aware, are limited to $1,575 a year. Corporate and union donations, as we know, are banned entirely, as they should be. However, there are no limits whatsoever to donations to registered third parties outside the pre-writ and writ periods and that seems totally wrong. During those periods they can receive unlimited amounts of funding from individuals, corporations and unions, whether foreign or Canadian.

If the purpose of the limits to political donations is to ensure all Canadians can have an equal say in elections, should those contribution limits not be equally applicable to registered third parties? One would think so. By not limiting donations to registered third parties, some donors, even foreign donors, will be able to have significantly larger voices than other Canadians, and that is simply not acceptable.

To put it simply, Canadian elections should be about Canadians, by Canadians and for Canadians. Bill C-76 would not further that goal and should not be supported.

Canadians deserve and demand fair elections.

Elections Modernization ActGovernment Orders

October 30th, 2018 / 1:25 p.m.


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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I just want to let the hon. member know that the allegations that were just made on the floor of the House relating to the organization Leadnow were investigated and dismissed. I was just searching for all of the details. There was an investigation under Elections Canada which found that no foreign money whatsoever was used in the Canadian election by the organization Leadnow.

That is a finding of fact. The member may not like to hear it, but those are the facts.

Elections Modernization ActGovernment Orders

October 30th, 2018 / 1:25 p.m.


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Conservative

Kerry Diotte Conservative Edmonton Griesbach, AB

Mr. Speaker, it is entirely because there is such a big loophole and it is going to remain a loophole. We know that this money was spent, and it is just wrong.

We hear all the time about the foreign influence in the U.S. election and so on, but this was a wake-up call. There was an editorial in the Liberal-leaning Toronto Star that decried foreign influence in Canadian elections. When the Toronto Star starts getting up on a soapbox and decrying, we know we have a problem. That problem still exists under the legislation and it is not going to be fixed.

Elections Modernization ActGovernment Orders

October 30th, 2018 / 1:25 p.m.


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Sherry Romanado Parliamentary Secretary to the Minister of Seniors, Lib.

Mr. Speaker, I had the great pleasure of sitting on the Special Committee on Electoral Reform with some of my colleagues in the House. During that time, we heard from many witnesses that, unfortunately, the civics education in Canada is not where it should be in terms of enticing young people to be involved in politics, whether it be participating in politics by voting or presenting themselves as candidates in elections. I did not hear anything in the member opposite's speech with respect to increasing voter participation and interest among our youth in our democratic institutions.

I would like the member's opinion on whether he feels that increasing the registration of young people to prepare them to vote would help increase the presence of younger people here in the House of Commons.

Elections Modernization ActGovernment Orders

October 30th, 2018 / 1:25 p.m.


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Conservative

Kerry Diotte Conservative Edmonton Griesbach, AB

Obviously, Mr. Speaker, that would be a target market for all political parties. We would all like to have more youth involved, and I believe that they are getting more involved. I go to campus clubs all the time, and they are starting to get involved.

The matter at hand is that the act, as presented, is not going to help youth or seniors or any Canadians. It is still going to allow foreign interference in our elections, and that is a very serious concern. That is a very serious concern that would undermine our absolute democracy. That is far more troubling.

Of course, we would all love to have more youth involved. I would love to see the voting turnout percentage be 90%, which we can all work toward. It starts with education in schools. If there were a more balanced education in schools that considered the right, left and centre arguments instead of merely the left arguments, youth might get more engaged and come out to vote.

Elections Modernization ActGovernment Orders

October 30th, 2018 / 1:25 p.m.


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Liberal

Larry Bagnell Liberal Yukon, YT

Mr. Speaker, I will ask for a quick clarification on the first part of the member's speech, when he spoke about voter cards. I am wondering if he believes, the way the legislation is written now, that a voter card would be the only piece of identification the general voter would need to vote.

Elections Modernization ActGovernment Orders

October 30th, 2018 / 1:25 p.m.


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Conservative

Kerry Diotte Conservative Edmonton Griesbach, AB

Mr. Speaker, that is not the understanding, but the voter card is a very powerful piece of identification. As I pointed out, even Elections Canada says that there have been serious issues in the past with it, so why should we continue to go down that path, when it is so unreliable? It is a major issue. Let us face it. Do we not all want a system that is perfect, with less of a chance for fraud? I certainly want that. I assume that the party across the floor wants that as well, but from the legislation that has been tabled, it does not appear that it is quite as keen on that.

Elections Modernization ActGovernment Orders

October 30th, 2018 / 1:25 p.m.


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Conservative

John Nater Conservative Perth—Wellington, ON

Mr. Speaker, free and fair elections are a fundamental part of our Canadian democracy. Unfortunately, the entire democratic institutions file has been a failure since the Liberals took office.

One of the greatest promises they made in the last election was that the 2015 election would be the last election under first past the post. There was no asterisk. There was no disclaimer. There was no fine print that said it would be the last election under first past the post unless, of course, they did not get the type of electoral system they wanted that would benefit them, “them” being the Liberal Party.

There was no such asterisk. There was no such small print. Nonetheless, the Liberals walked it back, and they blamed everyone else for their failure. They blamed the opposition. They blamed the committee itself. They blamed the multi-party committee, which came to a general consensus. They blamed that committee, which included Liberal members, for its failure. They blamed the general public for not having a clear consensus on what an alternative electoral system ought to be. However, the failure rests with the Liberal Party. It is, and it continues to be, the Liberal Party's failure.

While the Liberals were failing at the electoral reform committee, they also introduced Bill C-33, which they claimed would implement many of the recommendations from the Chief Electoral Officer following the 2015 election. Here are the facts. Bill C-33 was tabled at first reading on November 24, 2016, nearly two years ago. Today that bill remains at first reading, unmoved and unloved. We have to question the motivation of the current Liberal government in introducing that bill, then allowing it to sit at first reading and never once bringing it forward for debate in this august chamber.

In testimony at committee, when the eminent political science scholar, Dr. Paul Thomas, questioned the very motive of the Liberal Party, he said:

The government's management of this file has been very poor, in my opinion. If [Bill C-33] sits on the Order Paper for 18 months, it says something about the commitment of the government to get this moving ahead

However, that is exactly what has happened. The Liberals introduced legislation for window dressing and allowed it to sit idly by.

There are other failures in the democratic institutions file. Take cash for access, for example, and the ethical lapses of the current Liberal Party when it comes to fundraising. The Liberal government had barely been sworn in when it was already using its ministers to fundraise, using lobbyists who were registered to lobby their own ministers to fundraise from them. Rather than admitting that they were wrong to be fundraising from access to federal ministers, the Liberals tried to legitimize this practice by introducing Bill C-50. Of course, being Liberals, they left a great big loophole, what we call the Laurier Club loophole, allowing their well-funded Liberal donors to continue to have unfettered access to Liberal decision-makers, as long as it happened at Laurier Club events. They might as well have named that clause the Laurier Club loophole, because that is exactly what it is. Rather than dealing with the issue, rather than dealing with the unethical nature of selling access to senior ministers of the Crown, the Liberals simply used legislation to try to legitimize their bad practices.

The Liberals' failures do not end there. The Liberals even failed in the appointment process for the Chief Electoral Officer, the person in charge of ensuring that our elections run smoothly and appropriately, free from all interference.

The former chief electoral officer, to his great credit and foresight, announced that he would retire early from his position. He announced this in the spring of 2016 to allow whoever succeeded him as CEO to have enough time to get familiar with the job and to prepare for the 2019 election. However, at the end of December 2016, when he formally resigned and retired as chief electoral officer, there was no replacement in the offing. In fact, there was no replacement until this spring, nearly two years after Mr. Mayrand announced his retirement.

Even when they finally replaced the Chief Electoral Officer, they could not do it without failing. The media reported that a new Chief Electoral Officer had been chosen on April 4, 2018. They noted that someone had been selected, that the consultation had been done with the Leader of the Opposition and the leader of the third party.

Lo and behold, weeks later, we found out that the original name circulated in both the media and to the opposition was in fact not the new Chief Electoral Officer. Rather, the very competent interim Chief Electoral Officer was appointed as the permanent replacement. I have to wonder how the Liberals could have waited nearly two years to appoint the person who was already doing the job. It is yet another example of the Liberal government's failing on the democratic institutions file.

That brings us to this bill itself, Bill C-76. Both the former and current Chief Electoral Officers were very clear about the need to have this legislation tabled and implemented early so that they could be prepared for the next election. In fact, when the acting, now permanent, Chief Electoral Officer, Stéphane Perrault, appeared before committee, on April 24, 2018, he stated:

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.

What did the Liberals do? They sat on their hands for nearly three years and then finally tabled Bill C-76 on April 30, 2018, the same day the Chief Electoral Officer said he needed legislation fully enacted, with royal assent. The Liberals only introduced it on April 30 and then expected the opposition and the third party to simply roll over and allow this legislation to pass expeditiously.

We cannot ignore the fact that this very debate we are having in this chamber is under the guillotine of time allocation. Frankly, I am shocked, because it was the Liberal Party and the Prime Minister who introduced and supported a motion that would have amended Standing Order 78 so that:

No motion, pursuant to any paragraph of this Standing Order, may be used to allocate a specified number of days or hours for the consideration and disposal of any bill that seeks to amend the Canada Elections Act or the Parliament of Canada Act.

Here we are with a bill that has 401 clauses and 352 pages. It is a bill the Liberal Party itself accepted as being flawed by introducing 65 amendments during the committee analysis, because it recognized that despite waiting nearly three years, it was rushing at the last minute to try to get some legislation on the books, and it tried to correct its own legislation this past summer.

We see that work has yet to be done in the Senate, in the other place. I am intrigued to see what amendments it will be relying on to fix some of the concerns expressed about this piece of legislation.

This legislation is flawed, and we will be voting against it.

Elections Modernization ActGovernment Orders

October 30th, 2018 / 1:40 p.m.


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Liberal

Larry Bagnell Liberal Yukon, YT

Mr. Speaker, I have great respect for the member opposite. I think he is more knowledgeable about the bill than a vast majority of people in this Parliament. He expressed this very accurately and cogently, and he cannot use this in his election material.

Therefore, I am disappointed with his speech. He is one of the few people who knows the details, yet he spent his entire speech not making one substantive comment on what was wrong with the bill. It was more crying over spilled milk about past schedules, which is fine.

However, it would be great if he could use his answer to say something substantive about what is wrong with the bill. I know he has a good appreciation of both the positive and negative things in the details of the bill.

Elections Modernization ActGovernment Orders

October 30th, 2018 / 1:40 p.m.


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Conservative

John Nater Conservative Perth—Wellington, ON

Mr. Speaker, the member for Yukon chairs the procedure and House affairs committee. I have to give him credit. He is an exceptional chair when it comes to a very difficult file and ensuring the committee remains on track, especially during clause by clause. Therefore, I thank him. and I say that legitimately. It is a tough job.

The member asked for a specific example. I will use the issue of foreign financing. We heard recommendations at committee from none less an authority than Dr. Lori Turnbull, who was at one point a senior adviser to the Privy Council Office on democratic institutions. She recommended that there be segregated bank accounts for third parties to ensure that every dime spent in Canada by third parties would be from domestic sources, from Canadian sources that were legally entitled to donate to Canadian political entities, including third parties. The Conservative opposition introduced that amendment and it was voted down. It would have ensured a high degree of transparency and an appropriate usage of funds by a third party to ensure foreign actors would not unduly influence Canadian elections.

That is one major concern. If I had 20 minutes to talk, I could list off a number of amendments that were not approved but ought to have been approved.

Elections Modernization ActGovernment Orders

October 30th, 2018 / 1:40 p.m.


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, I thank my colleague for his important work on the issue. I want to follow up on his comment about foreign influence in our elections. Working in the foreign affairs area, I find that the government is often dangerously naive about the kinds of threats we see around the world.

I hear from Canadians, from cultural communities especially, about the number of foreign governments trying to influence the direction of debates on politics in Canada. It is a regular concern and it connects with the reality we see in other countries, where authoritarian regimes and other powers with particular interests want to try to shape the direction of our discussion. At one point, the government seemed to verbally acknowledge this problem, but it failed to put in place some obvious concrete mechanisms that would protect Canada from this kind of influence.

The member spoke about a segregated bank account so money could not be transferred before an election and would then be used during an election. Could he talk more about the naivety of the government when it comes to foreign policy and foreign interference in our elections and what Canada can do to respond to that?

Elections Modernization ActGovernment Orders

October 30th, 2018 / 1:40 p.m.


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Conservative

John Nater Conservative Perth—Wellington, ON

Mr. Speaker, a little know fact is that I and my colleague from Sherwood Park—Fort Saskatchewan went to university together. We were classmates at Carleton University back in the day. Therefore, it is an honour to now be a colleague of the hon. member.

The member talked about the very important issue of foreign influence. We do not want to see the challenges we have seen in other countries around the world being brought to Canada. We would have hoped that the Liberal government would have taken the issue of foreign influence seriously. Our Conservative opposition introduced a number of amendments that would have dealt with this, including one that would have had an outright ban on all foreign funding to third parties that were acting in our electoral process. Unfortunately, those were denied.

However, the government needs to take this issue seriously. It needs to realize that this is not a problem that will go away on its own. In fact, this problem will get worse. A number of amendments introduced by the Conservatives were voted down. The would have added safeguards for things like foreign influence with respect to social media financing and funding to third parties. It is unfortunate, but that was the reality. Now it falls to our opposition to hold the government to account and ensure that there are meaningful safeguards to prevent the foreign influence of Canadian elections.

Elections Modernization ActGovernment Orders

October 30th, 2018 / 1:45 p.m.


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John Oliver Parliamentary Secretary to the Minister of Health, Lib.

Mr. Speaker, I will be sharing my time with the member for Saanich—Gulf Islands.

I am pleased to speak to Bill C-76, the elections modernization act.

I would be remiss if I did not highlight the importance of the legislation to my riding of Oakville. One of the most significant issues that was raised at the doors in 2015 was how voters felt disenfranchised by the unfair changes to the Elections Act made by the Conservatives. Voters were unhappy with the additional complications and requirements for voting. My office still hears from expats who cannot exercise their civic duty from abroad.

The proposed legislation delivers on the promises our government made to strengthen our democracy. I am proud to stand in support of legislation that would make voting more convenient and more accessible for all Canadians. Our democracy is stronger when we see the participation of as many Canadians as possible.

The bill includes proposed legislative changes that will reduce barriers to participation for specific groups of Canadians. That includes members of the Canadian Armed Forces and more than one million Canadians living abroad. We are changing the rules for Canadians living abroad by removing the requirements set by the Harper government that non-resident electors must have been residing outside of Canada for fewer than five consecutive years and that non-resident electors intended to return to Canada to resume residence in the future.

It is astounding to me that some Canadian citizens remain unable to vote in our current system despite being fully eligible. It is high time these changes are made to the Canada Elections Act to bring our electoral system into the 21st century.

In my remarks today I would like to focus particularly on the measures contained in the bill, which I believe will help in reducing barriers for Canadians with disabilities and those individuals caring for a young, sick or disabled family member who would like to run for public office. Our legislative process is stronger when we have a diversity of perspectives and backgrounds present in the House of Commons. These measures would help encourage the participation of new voices.

Running for federal office, as I think everyone in the House will agree, is an incredibly challenging effort. On top of the intense demands of a campaign, some of our colleagues from all sides of the House ran for office while raising young children or caring for sick or disabled family members. The additional pressures of this kind of responsibility may make running for office out of the question for many qualified, smart and passionate Canadians. This is a great loss to the House and to our country. By helping Canadians with the cost of care for young, sick or disabled family members, we can help ensure that every Canadian has more opportunity to put him or herself forward to represent his or her community at the federal level.

I look forward to seeing how these changes will bring new and under-represented perspectives to the House of Commons. We as parliamentarians are responsible for creating laws for all Canadians. It only makes sense that the House of Commons is comprised of people who represent the diversity of experiences Canadians face.

I would remind the House that in 2010, Canada ratified the United Nations Convention on the Rights of Persons with Disabilities. One of the obligations of the convention is to ensure that people with disabilities can effectively and fully participate in political and public life on an equal basis with others. That includes the right to vote and the right to be elected.

In his report on the 2015 general election, the Chief Electoral Officer noted that electors with disabilities were a growing percentage of the voting population and faced particular hurdles when seeking to cast their vote. Working with an advisory group for disability issues, Elections Canada has developed and researched various tools and procedures to help electors with disabilities cast their vote in secret and as independently as possible. The Chief Electoral Officer has also reported on ways to increase the broader participation of Canadians with disabilities in democratic life, such as attending debates and running for office.

The report of the Chief Electoral Office on the 42nd election was studied very carefully by the committee on procedure and House affairs. Many of its recommendations, agreed to unanimously by the standing committee, are reflected in the bill before us.

Currently, the act provides that assistance to voters by an elections officer is only available to persons with physical disabilities. The act states, for instance, that “The deputy returning officer shall, on request, provide a template to an elector who has a visual impairment to assist him or her in marking his or her ballot.” This bill would make assistance available to electors no matter the nature of their disability, whether it be visual, intellectual or cognitive.

The current act uses the term “level access” to define accessibility at polling stations, for example, providing ramps for wheelchairs. This concept addresses the needs of the mobility impaired. Under the bill before us, “level access” would be replaced by the concept of accessibility, which would include a broader range of difficulties, including vision impairment.

The act would continue to allow the use of venues which would not be accessible, if the returning officer were unable to secure suitable premises. In these cases, electors with disabilities could take advantage of a number of measures. For example, transfer certificates could be made available for electors with a disability. These would enable electors to change the polling station where they would be able vote. Under the current law, transfer certificates are available for people with a physical disability when the polling is not accessible. The amendment in this bill would make the certificates available no matter the nature of the disability and irrespective of whether the polling station would be accessible.

Further, the Chief Electoral Officer would have the flexibility to determine how the process would be applied. People with disabilities would also have an option to vote at home. This bill would expand that option to include any elector with a disability no matter its nature or extent.

The Chief Electoral Officer sometimes undertakes pilot projects to explore better options for providing service to Canadians, such as greater accessibility to the polls. With this bill, we would return to the process in place prior to the Harper government's Fair Elections Act, when pilot projects required the approval of appropriate committees of both the House and the other place rather than the full chambers of both.

The bill would expand the assistance which could be provided by a person of the elector's choosing. Under the current law, the elector with a disability may choose a friend or family member to help him or her at the polling station. The same support is not available if the elector wants to vote at the office of the returning officer. Under this bill, when voting at the returning officer's office, an elector with a disability could rely upon the assistance of the person of his or her choosing.

Finally, the bill would implement the Chief Electoral Officer's recommendation that would give Elections Canada a more explicit mandate to explore assisted voting technology for the use of electors with disabilities.

I have been detailing the measures designed to remove barriers to voters on election day, but this bill goes further by introducing measures that would help people with disabilities participate more broadly in the democratic life.

Political parties can play an important part in helping persons with disabilities play an active part by making their campaigns accessible. Sign language interpretation could be provided at campaign events, for example. Campaign material could be provided in Braille. A ramp could be installed to access campaign headquarters. However, these come with costs. To encourage political parties and candidates to make these accommodations, the bill would reimburse the cost to make campaign materials and events accessible, up to $250,000 for political parties and $5,000 for candidates.

There are other measures in the bill that would encourage more candidates with disabilities or candidates who must care for people with disabilities to run for office. Currently, the additional personal expenses associated with these disabilities must be treated as campaign expenses. Under the bill before us, candidates would have the option to pay with their own funds, including child care expenses and other relevant home care or health care related expenses. The reimbursement rate for these expenses would be increased to 90% and be exempted from campaign spending limits.

I want to commend the Minister of Science and Sport for her work, in partnership with the Minister of Democratic Institutions, to see these important provisions included in the bill.

Elections Modernization ActGovernment Orders

October 30th, 2018 / 1:50 p.m.


See context

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, I want to follow up on a question I asked one of my colleagues earlier. It was about the issue of foreign interference in elections. Seeing news around the world, all members should agree this is a concern and something we should take seriously. In fact, it is something the Minister of Foreign Affairs herself has raised with respect to various issues, for instance, things which have been said about her and her family in messages put out by other governments.

Why did the government not accept a simple fix to this issue, which would ensure there would be segregated bank accounts? If foreign funding is coming in for political activity, then it cannot go into the same bank account that will then be used during an election for third party campaigning type of activities. If we have money from abroad, perhaps from another government with its own hostile or simply distinct interest from Canada, putting money into a bank account that is then to be used during an election period will surely create all kinds of opportunities for foreign influence. A simple meaningful fix would have been to require that separation.

Why did that member's party oppose a meaningful measure to prevent foreign interference in Canadian elections?