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 / 1:55 p.m.


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Parliamentary Secretary to the Minister of Health, Lib.

John Oliver

Mr. Speaker, the Government of Canada is committed to strengthening Canada's democratic institutions and restoring Canadians' trust in participation in the democratic process. We believe the strength of our democracy depends on the participation of as many Canadians as possible.

By undoing the unfair aspects of the Harper government's elections act, we are making it easier and more convenient for all Canadians to vote, but we are also strengthening our laws, closing loopholes and bringing more robust enforcement regimes to make it more difficult for bad actors, such as those to which the member referred, to influence our elections.

Elections Modernization ActGovernment Orders

October 30th, 2018 / 1:55 p.m.


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Liberal

Celina Caesar-Chavannes Liberal Whitby, ON

Mr. Speaker, I have been listening to this debate for quite some time and hearing the opposition talk about time allocation and the issue with having the Chief Electoral Officer in place at a particular time.

I am hoping that my colleague from Oakville could speak to this and remind hon. members and all Canadians that we used 87% of the recommendations of the Chief Electoral Officer. We heard witnesses' testimony that amounted to over 100 hours of study of this legislation, where Bill C-23, the unfair elections act, only had less than 50 hours.

I am wondering if my colleague could speak to the dedication that we have put into this piece of legislation.

Elections Modernization ActGovernment Orders

October 30th, 2018 / 1:55 p.m.


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Parliamentary Secretary to the Minister of Health, Lib.

John Oliver

Mr. Speaker, Canadians want an electoral process that is more transparent and more accessible, that modernizes the administration of elections and that makes the electoral process more secure. As was commented on, this legislation addresses the work done by the Standing Committee on Procedure and House Affairs following the Chief Electoral Officer's report after the 2015 election, as well as the study by the Standing Senate Committee on Legal and Constitutional Affairs on third party spending in Canada. This is a very comprehensive bill following extensive consultation.

The House resumed consideration of the motion that Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments, and of the amendment, be read the third time and passed.

Elections Modernization ActGovernment Orders

October 30th, 2018 / 3:20 p.m.


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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I am very pleased to rise in debate at this point on Bill C-76. I want to take the occasion to start with a bit of a broad historical sweep, albeit going back just to 2014. It is important for Canadians to know what is being accomplished with this legislation and what remains to be done. It is not perfect. I want to stress that, but I will be voting for it. I am also gratified that at least some of my amendments were accepted in the committee that studied the bill.

I want to go back to 2014, when the current hon. member for Carleton was the minister of democratic institutions. He brought forward a bill in that Parliament, Bill C-23, that was given the unlikely title, given its content, of the Fair Elections Act. I was a member of the opposition at the time, as leader of the Green Party, but I struggled with other members of the opposition, the New Democrats and Liberals, to try to stop that piece of legislation because it clearly had less to do with fairness than with trying to create favourable conditions for the governing party, the Conservatives at that time, going into the 2015 election.

Therefore, it is with a great deal of irony that I have heard a number of times Conservative members say that the Liberals are just trying to change the terms to make them better for their party.

We cannot forget the circumstances in 2014 when the member for Carleton introduced his bill. I hope that this will now be fixed by the changes to Bill C-76.

Going back to what the so-called Fair Elections Act did, it was consumed, as some members of this place still are, with a fiction—and I want to underscore the word “fiction”.

It is completely untrue. I want to stress that Canada does not have a problem with election fraud.

We do not have a problem of people disguising themselves, taking voter cards or any number of things that have been hinted at in the chamber in the last debate on Bill C-76. We do not have a problem of Canadians voting more than once under assumed identities. We have a problem of Canadians voting less than once. That is a serious problem, and that is why we needed the things that the so-called Fair Elections Act got rid of. These were things like being able to vouch for someone and being able to provide one's voter card as a piece of ID when going to the polls.

None of this would have been necessary if it were not for changes that the former Harper Conservatives made back at the very beginning of their first mandate. For the first time, they made it a requirement that Canadians produce a piece of government issued photo ID in order to vote. That, again, hinted darkly at the idea that people were voting more than once because we did not have enough checks on this problem. It was a non-existent problem then and does not exist now. It never existed. That is the evidence of several chief electoral officers, including Marc Mayrand and Jean-Pierre Kingsley, who both testified to the PROC committee that it was a non-problem.

Bill C-23 did a few other things. It took away some of the abilities of our Chief Electoral Officer to speak to us as voters when we needed information. One of those critical moments was, for instance, the election in 2011. The Chief Electoral Officer sent out a press release and got on the phone and radio. Robocalls were going on. Canadians were being misdirected, being told that their polling stations had changed. None of that was true. We had an investigation. I do not think it was ever adequately investigated. We know it took place, but we do not know who did it. That is a mystery that remains unsolved, but I think we know there was a gun lying on the floor, it was smoking, and several people standing around appeared to have used it. We have no conclusion, but we know for sure that voters who did not intend to vote Conservative were being told to go to polling stations that did not exist.

The Chief Electoral Officer then had the power to get on the radio and say “If you get a message on the phone that tells you it's Elections Canada on the line and your polling station has changed, ignore it. We have not changed any polling stations”. That was important.

What Bill C-23 did in 2014 was to take away the ability of the Chief Electoral Officer to do exactly that. It took away the ability of the Chief Electoral Officer to reassure Canadians that their polling stations had not changed.

There were a number of other things that the so-called Fair Elections Act did. One was to say that if there were a particularly long writ period, more spending would be permitted. That meant that the really big parties, like the Conservatives or the Liberals, and this was certainly to the advantage of the Conservatives in that election, could spend more money if the writ period were longer. They spent a lot of money. In that election, they spent just shy of $42 million. The people of Canada gave them half back, because of the way the so-called Fair Elections Act operated to their benefit.

Moving quickly, we had two pieces of legislation tabled in this 42nd Parliament to deal primarily with fixing all of the things that had gone wrong or were perverse under Bill C-23 in the 41st Parliament. In December 2016, we got Bill C-33. I was thrilled to see it, but it never got to second reading. Everything in Bill C-33 was added to Bill C-76, which emerged this year.

Let me just go through the great things that were in the original Bill C-33 and are now before us in Bill C-76. It gave the Chief Electoral Officer back the powers to warn people, to talk to Canadians, and to educate people in a non-partisan fashion. It got rid of the extended period in which parties could get more money out of the whole system. That is now in Bill C-76. It actually shortened up the period and restricted how much money big parties could spend, which means that the taxpayers will reimburse them less at the end, which is great.

The first part of Bill C-33, which has now come forward within Bill C-76, brought back the basics, namely that people are allowed to bring someone with them to the polls to say, “I know Joe. He's my brother-in-law. We live in the same neighbourhood. He's missing a driver's licence because his driver's licence has been taken away from him. I am here to vouch for him.” Students voting at university have a very difficult time proving where they live and thus that they have the right to vote.

Far too many people were denied their constitutionally enshrined right to vote in 2015. The Conservatives said that voter turnout went up. Sure it did. Voters were desperate to get rid of Stephen Harper, and they showed up in large droves. However, the reality is that hundreds of thousands of Canadians were denied the right to vote because of the changes to the Elections Act that we are now getting rid of.

What is also really good and entirely new is the concept that the Chief Electoral Officer, that is, Elections Canada, can go into schools and try to encourage 14-year olds to register to vote for when they turn 18. They can start, right away, knowing that they are registered so that they can begin to think about their civic duty to vote.

The lack of voter turnout among our youngest citizens is a real problem. I would love to see us reduce the voting age to 16. That is not in this bill, but a good first step is allowing Elections Canada to go into the schools to talk to the young people when they are in high school. Their civics education will feel far more real when they are personally registering to vote. It is not that they have the right to vote, but they are pre-registered for when they turn 18 and do have the right to vote.

Bill C-76 does a number of other things. I do not think we will ever do enough to deal with the threats to social media, things like Cambridge Analytica, the way that Facebook information can be mined, the way that Facebook ads can be targeted, and the use of fake news. Bill C-76 attempts to deal with this. I think we are going to have to come back to it and do more. I certainly support what they have done in this bill.

I certainly support having pre-writ election spending limits. This was a big vacuum in our laws. I think it is because the last time we looked at the Elections Act, no political party was spending money pre-writ. They kept their money and started spending it after the writ fell. It was not until Stephen Harper's attacks on Stéphane Dion in January 2007 that we started having attack ads outside of a writ period with no spending controls at all. Now we have spending controls.

What is missing? Here is the big gap. This was our opportunity to put political parties under our privacy laws. This legislation says that political parties must develop privacy policies and table them, but that is a far cry from having them under our privacy laws. It is a voluntary scheme. We need to put political parties under our privacy laws.

Back when Bill C-23 was going through the House in 2014, during clause-by-clause consideration of the bill, I did try to get an amendment passed that would make political parties subject to the Privacy Act. No party supported that then. I really want to thank the New Democratic Party for supporting my amendment, which did not succeed, to set out that parties must adhere to the Personal Information Protection and Electronic Documents Act, PIPEDA. We did not succeed, but I thank the NDP for being with me on that.

We need to keep working for fair elections in Canada. Bill C-76 gets us a long way toward them.

Elections Modernization ActGovernment Orders

October 30th, 2018 / 3:35 p.m.


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Liberal

Larry Bagnell Liberal Yukon, YT

Mr. Speaker, I always appreciate the member's comments in the House, as they are very well reasoned.

I do not want to debate, but to add some facts to make sure that people are clear about them. One is related to the voting card. That card is only a proof of address, so the person has to have identification anyway. If I were to pick up a voting card in Toronto that said “John Smith” and tried to vote with it and then showed my personal identification, obviously it would not say I am John Smith. That is why the Chief Electoral Officer said there was no fraud.

The second point is related to the robo scandal case that the member brought up. One of the measures in the bill is to withdraw the commissioner from the Public Prosecutions Office and to make him independent again, including giving the commissioner the ability to compel testimony. If there were such cases in the future, the commissioner would not only be independent, but could also compel testimony and actually research those mishaps or inappropriate actions during an election.

Elections Modernization ActGovernment Orders

October 30th, 2018 / 3:35 p.m.


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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I very much appreciate the hon. member for Yukon's wonderful work as chair of PROC. It is a tough job and I am not a member of PROC. I am in a strange situation as a result of every committee having passed a motion that if I have amendments, I am required to show up there instead of exercising my rights at report stage. Nevertheless, I really enjoy appearing before PROC during clause by clause, as well from the discretion of the chair in allowing me to ask questions when I show up and it is not during clause by clause.

In the debate today, I have heard ridiculous claims made about the risk to voting and the security of voting if voting cards go astray. The member for Yukon is absolutely 100% correct. There is no threat of someone showing up to vote using a voting card to gain an erroneous privilege.

Elections Modernization ActGovernment Orders

October 30th, 2018 / 3:35 p.m.


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NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Mr. Speaker, toward the end of my friend's speech, she talked about an issue that the committee heard about in great detail from the Chief Electoral Officer and from the Privacy Commissioner. We have seen reports out of the United States and the U.K. about elections or referenda or anything in which a democratic society these days goes through a vote. I say “these days” because what is significantly changed from a generation ago is the existence of the Internet and social media. Time and time again from the Chief Electoral Officer on down, the recommendations were clear that Bill C-76 did not do much of anything on privacy. My friend moved an amendment. It was strong. We moved one that we thought was not quite as strong but that might be more acceptable to the Liberals, and they voted both of those down.

Can the member describe for us what the risks are if the political parties as they are constituted right now have no obligations to protect the private data they collect from Canadians or have no obligations not to then leak that data to nefarious actors or to be stolen. The only thing the Liberals have left in Bill C-76 is that each party must have a non-enforceable statement on their website somewhere. That is the sum total of all the privacy requirements in this bill.

Having watched Brexit and the last U.S. presidential election and all of the threats described by our own intelligence agencies about the risks to our fundamental rights as Canadian citizens, I wonder whether Bill C-76 does enough to address these serious concerns.

Elections Modernization ActGovernment Orders

October 30th, 2018 / 3:35 p.m.


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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I commend my hon. colleague and friend from Skeena—Bulkley Valley for his diligence on this matter. There is a fairly chilling level of information about Canadians that is kept by political parties. Of course, we do not know all of it.

I remember the former Conservative member Garth Turner who published a book called Sheeple about his experience as a member of Parliament. He referred to the database held by the Conservative Party as FRANK, standing for friends, relatives and neighbour's kids. He related in the book how they collected data by going door to door and found out if someone hated a certain party and made note of that. If they found out that a person subscribed to a certain magazine, that information was kept. Canvassers tried to find out as much as they could about everyone, but that was just typical data collection taken to a new level, because now we are also looking at a new capacity to slice and dice the information and computer records. Then parties are able to start targeting riding by riding where the swing voters are.

Add to that the use of Facebook, the ability of the social media providers and others who are hacking into those systems to say they can tell us exactly who responded with likes to Facebook posts and use that information and post fake news that gets people to think they have to vote a certain way to protect something we know they care about. In other words, targeting voters with lies is made possible by keeping political parties from being subject to privacy protection.

Elections Modernization ActGovernment Orders

October 30th, 2018 / 3:40 p.m.


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, I will be sharing my time with the member for Lethbridge.

The first thing I want to say is that the Conservative Party believes democracy is an important institution. Democracy is important because it is how the people hold the government to account for its decisions. Democracy safeguards citizens' rights, such as the right to freedom of expression, the right to vote, and other democratic rights. Members on this side of the House believe that each and every Canadian should be empowered to exercise their democratic rights.

We also believe that we must protect our democratic institutions by ensuring that foreign entities do not interfere with our elections. As we have seen elsewhere in the world, such as in the United States, foreign entities have tried to interfere with democratic institutions.

The Liberal government's bill does not include a single clause to prevent foreign entities from interfering with our democratic institutions. For example, even if this bill is passed, foreign entities will still be able to send money to Canadian entities before an election, and that money can be used to influence election outcomes.

Last Thursday, I asked the Minister of Democratic Institutions why the government had not included this type of provision in the bill, but she did not answer.

In addition, the Liberals complained that we had proposed too many amendments. Apparently, the Liberals are okay with introducing a mistake-ridden bill of more than 200 pages, but not with us proposing so many amendments. That attitude shows that the Liberals do not take democracy seriously and that they do not want to take the time to follow the parliamentary process properly and ensure that we make the right decisions on this important issue.

When it comes to protecting our democratic institutions, we cannot limit debate. On the contrary, when we debate an issue as important as this, we must have as many amendments as possible and more time to debate them.

Moreover, Elections Canada will not have enough time to implement the changes stipulated by this bill. In fact, on April 24, 2018, the acting Chief Electoral Officer, Stéphane Perrault, said that in order for Elections Canada to have enough time to implement these changes, the bill would need to have royal assent in April. We are now October.

If the Liberals were really serious about addressing this issue, they should have introduced the bill much sooner. That way, we could have examined the bill more thoroughly, and we would have had time to present more amendments and study the amendments.

Instead, the Liberals decided to wait until the last minute before introducing the bill. Now they are trying to make up for their mistake by limiting debate on an incredibly important bill.

We seem to cycle through this process over and over again. The Liberal government tables an incomplete bill and then complains when the Conservatives try to make significant amendments to it.

I hope Canadians are aware of this process and see how the Liberals flout their duty to protect our democratic institutions.

We see with this bill so many problems in terms of the way that the Liberals approached these issues, their hypocrisy and the substantive problems with this legislation. I want to make a number of points in response to some of the things that have been discussed thus far.

First of all, we repeatedly hear this trope from the other side about how Conservatives want lower turnout allegedly and they also say that the changes that were previously made prevented Canadians from voting in the last election.

The government goes on and on about the data and evidence-based policy, though, so let us look objectively at the evidence. Let us look at Canadian elections over the last 60 years. If we consider a 60-year time horizon, a 40-year time horizon and a 25-year time horizon, and compare the elections won by Conservatives and won by Liberals, we will consistently see on average the elections Conservatives win involve higher turnout. As a bright-eyed staffer when I came to Parliament Hill, I was told that Conservatives want more people to vote because it is the right thing when more Canadians vote, but that there is also a practical reason. If we look historically, when more Canadians vote, Conservatives are more likely to win those elections. Anyone who disagrees can look at the numbers and do the averages. It is very clear.

Unfortunately, there is a downward trend in terms of turnout over the last 50 years in Canadian elections, but there are some aberrations to that. What we saw in the last election was actually a significant increase in voter turnout. If the government wants to claim that people were prevented from voting, it would have a hard time making that case since in the last election, after the changes that were made, there was a significant spike in turnout.

When the government says that somehow the Conservatives were trying to disenfranchise people, that people were prevented from voting, I would like to know what evidence it has to support that claim, and if it can find any indication of who those people are and what that situation would be. It talks about the issue of ID, and it does not seem to understand the reality that there are so many different options people can use for ID. What about a student? Maybe a student can use their student card. What about a person who is homeless? A person who is homeless can get a letter from a shelter. What about a senior? A senior using medication can use a prescription label as part of their ID. There are so many different options.

If there are Canadians out there who have none of these ID options available, then I would suggest that a better fix would be for us to look for ways to help those Canadians get access to ID. Even outside of voting, there are many benefits to having identification. There are many things that are very difficult to do if one does not have identification. If the government really thinks there is a population with none of the IDs we have listed, then I welcome a strategy from it on how we can ensure everybody in Canada has some means of ID, some ability to identify themselves. That is a much more logical solution. One listens to the speeches from the government, and it is clear it has a very difficult time identifying who could not have one of the IDs mentioned by Elections Canada. Again, if somebody does not, let us fix that issue rather than calling something ID which very clearly is not. I am referring to the voter information card, which we know is full of errors.

It is important to underline the failure of the government to address the issue of foreign interference in our elections. I am repeatedly frustrated by how naive the government seems to be in terms of its engagement in the world. Top of mind is a recent meeting between this Prime Minister and the leader of Turkey discussing the issue of how journalists can be protected. There are real issues in many countries that need to be addressed, but the pretense now seems to be to pretend the Turkish government is a champion of the rights of journalists, which is obviously pretty far off the mark given the realities happening in Turkey today.

There are so many different countries and actors around the world that want to influence the direction of Canadian policy and are actively trying to do so. This is something I hear about repeatedly when I talk to Canadians in cultural communities. They see and hear about efforts by other governments or by other foreign entities to try to influence the direction of policy in Canada, and yet there are no meaningful measures in this bill to address foreign interference in our elections. The Conservatives proposed those amendments, but unfortunately they were rejected. There are many problems with this bill. The government needed to do better, and we are opposing this legislation on that basis.

Elections Modernization ActGovernment Orders

October 30th, 2018 / 3:50 p.m.


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Liberal

Darrell Samson Liberal Sackville—Preston—Chezzetcook, NS

Mr. Speaker, I want to thank my colleague for his speech. I have to give him credit for being able to see the upside in everything. He has a talent for always finding the silver lining. I also want to compliment him on his French, which keeps improving.

It is funny that he started his speech by talking about democracy and voting rights, since we know that 1 million Canadians were unable to vote because of something called the Fair Elections Act. I thought it was really interesting that he would bring this up.

He went on to say that some amendments had been accepted. He should give our government the credit, because we accepted a total of 70 amendments, including 16 from the Conservative Party.

I would like my colleague to tell us about two areas where this bill will have a positive impact. First of all, the bill will make the electoral process more accessible for people who had trouble voting in the past. Second, it will give members of the Canadian Armed Forces more flexible voting options, in accordance with the Chief Electoral Officer's recommendations.

Could my colleague comment on accessibility for Canadian Armed Forces electors?

Elections Modernization ActGovernment Orders

October 30th, 2018 / 3:50 p.m.


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, I thank my colleague for his question and his compliments on my French. I am practising hard.

He spoke about some of the aspects of this bill, which is obviously an omnibus bill because it touches on so many different things. This is interesting because the Liberals were certainly against omnibus bills when they were in opposition. When they find themselves back in opposition after the next election, they will be able to once again oppose such measures.

In his question, the member spoke about important aspects of the bill that I agree with, such as the flexibility the government wants to give soldiers to participate in elections. However, I want to point out that we were able to get more Canadians to vote, in the last election. That means that we have very effective tools. The results are clear. There was a significant increase in the number of Canadians who voted in the last election.

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October 30th, 2018 / 3:50 p.m.


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Liberal

Linda Lapointe Liberal Rivière-des-Mille-Îles, QC

Mr. Speaker, I commend my colleague for practising his French. That is to his credit.

In 2014, the previous government changed the Elections Act and did away with voter information cards. All of the parties opposed that. Bill C-76 would bring back the voter information card. All of the parties agree that that is a good idea, except my colleague's party.

Why are the Conservatives opposed to this measure, when Canadians have always liked getting voter information cards?

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October 30th, 2018 / 3:50 p.m.


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, I spoke at length about ID cards in my speech. We are the only party that is defending the integrity of Canadian elections. That is the reality, and Canadians will choose their preferred party after realizing this.

Clearly, there are several options that allow voters to prove their identity. Whether it is a student card or a letter from a soup kitchen or shelter, there are several options that allow people in different situations to prove their identity.

If the government believes that some Canadians are unable to obtain an identification card, we could address the problem directly by implementing measures to ensure that Canadians have an identification card. However, whether they use a library card or a credit card, Canadians have many options.

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October 30th, 2018 / 3:55 p.m.


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Conservative

Rachael Thomas Conservative Lethbridge, AB

Mr. Speaker, I am honoured to stand in the House today in order to speak in defence of Canadians and the democratic system that we hold dear.

The Liberal government is doing all that it can to ram Bill C-76 through the House of Commons and into full effect before the next election. In ramming it through, it is shutting down debate and not allowing us the opportunity to engage in a thorough discussion. It is also ignoring the testimony that was brought forward at committee. There was much testimony brought forward from expert witnesses whose backgrounds are on this subject. Instead, the Liberals are ramming the bill through. In doing that, they are actually rigging the system in their favour for the next election. My Conservative colleagues and I are committed to holding the government to account and, of course, we will engage in this discussion as much as we are allowed.

For Canada's democratic system to function properly, every Canadian citizen over the age of 18 must be granted fair and equal access to the voting process. Under our current leader, Conservatives will continue to hold the government to account with regard to these things. We watch as the government acts in its own self-interest and fails to protect Canada's democratic institutions. It needs to be held to account in this regard. Multiple measures introduced in Bill C-76 will prevent Canadians from engaging in a free and fair election and it is our responsibility to highlight those concerns here today.

As important as it is to ensure that all Canadian citizens have equal access to voting, for our democracy to be upheld, we must also ensure that voters can cast only one ballot, that they are citizens and that they are over the age of 18. These are our laws and this is what helps protect our democratic system.

Our entire system is undermined when individuals vote in the wrong riding, when they vote more than once or when they vote under a false identity. In fact, it undermines our electoral system so substantially that it is actually called a crime if one engages in fraudulent behaviour like that. Contrary to what the Liberals are trying to make Canadians believe, if Bill C-76 is passed, it will actually increase the opportunities for these crimes to be committed.

Instead of working to prevent voter fraud, Bill C-76 actually amends Canada's current voter identification rules to create a loophole by which non-citizens will be able to vote and some citizens will be able to vote more than once. Bill C-76 would make it acceptable to simply produce a voter information card received in the mail as some form of acceptable ID. There is a problem with this because, according to Elections Canada, the cards have an error rate of about 16%. This means that in the 2015 election, approximately one million Canadians received an incorrect card. Those cards had a name illegitimately attached to an address, or an address illegitimately attached to a name, or they were sent to someone who was not even a Canadian citizen, or to someone who was not over the age of 18. One can quickly see how this would threaten the integrity of our electoral system.

It is easy to see that once Bill C-76 is in effect, there is a good chance that voter fraud will take place at a greater rate than it does currently. The Liberals make it seem like the current requirements for identification are unnecessarily burdensome, but in reality, there is a broad range of already accepted documents that make it possible for every eligible Canadian to vote.

Most people over the age of 18 likely have a driver's licence or a provincial or territorial identification card. Most have a passport, an Indian status card, a band card or a citizenship card. However, let us just say that some people may not have one of those, which is correct and I will acknowledge that. However, Canadians need not worry as there is a second option. Voters are also able to bring in two separate pieces of ID as long as one has the voter's current mailing address. These IDs can range from a person's blood donor card, a hydro bill, a rental agreement, a credit card statement, a library card, a public transportation card and the list goes on and on. However, let us assume that there is a chance that voters still cannot produce any one of these options. There is a third option. Voters can bring in two pieces of identification and individuals who know them are able to vouch for them that they are in fact who they claim to be and live at the address that they claim to live at.

With all of these options available to voters, why would the government add the voter information card which Elections Canada acknowledges has a high error rate?

Canadians need to show legal identification when buying a case of beer or a package of cigarettes or to board a plane. It should be all that much more important for Canadians to show proper identification when they vote, when they participate in Canada's democracy that selects the women and men who stand in this place and represent Canadians. It matters and an identification card must properly be shown for that.

When this is not the case, it dilutes the value of ballots that are cast legitimately. It demeans our democratic system. Bill C-76 is an attack on our parliamentary system as we know it. It is an attack on our democratic system altogether and, therefore, a direct attack on Canadians.

I am proud of the previous Conservative government and the work that was done to create the Fair Elections Act in 2014. Our legislation upheld the democratic right of each and every citizen to vote while also protecting this country against voter fraud. In fact, in 2015, under the new Fair Elections Act, there was a record turnout of voter participation, one of the highest percentages in Canadian history. With knowledge of increased participation under the current system then, why would the Liberals rush to pass legislation that enables an increase in voter fraud and risks undermining the integrity of our current democracy?

After the 2015 election, the current Prime Minister tried to change Canada's election laws to benefit the Liberal Party. It was the Canadian people who pushed back time and time again over a series of months in a tremendous way to try to stop what the current government was trying to push through. Again the government is trying to push through this legislation, trying to make this change to the system, which will ultimately act in its favour and against the well-being of Canadian citizens.

In addition to creating an opportunity for voter fraud, the second issue I want to draw attention to today is foreign interference. Now more than ever in recent history, we must be vigilant. We must. We must be vigilant about protecting the authenticity and independence of our elections. Sadly, under this legislation, the Prime Minister has failed to take the necessary steps to eliminate the possibility of foreign interference.

Bill C-76 allows for, and I would say even encourages, creating loopholes for foreign interference in Canadian elections. This legislation would allow unlimited foreign donations outside of the pre-writ and post-writ periods and would double the total amount of third party spending that is permitted during the writ period. Bill C-76 would allow foreign money to be funnelled into Canada and then disseminated to numerous advocacy groups during a new pre-writ period. The money donated by foreign entities would be used for the purpose of influencing Canada's elections outcome. We have to be concerned with that.

An example of this practice occurring is the Tides Foundation. This is an organization based in San Francisco that is totally opposed to Canada's energy sector. In the 2015 election, this organization funnelled $1.5 million to Canadian third parties and is currently under investigation by the CRA. Many allegations like this are still circulating and are yet to be investigated. Meanwhile, the Prime Minister wants to do nothing to prevent these things from happening in the future.

A government that puts Canadians first would be doing all that it could to protect elections from being hijacked by foreign investment groups. If the government were really concerned with the integrity of Canada's democratic system, it would be fixing the problem by closing these loopholes rather than creating more of them. The Conservatives tried to put forward a number of amendments at committee, but each and every one of them was shot down. Instead, these loopholes were safeguarded. I have to ask a question in that regard. Why safeguard these loopholes? Why allow foreign investment in our electoral process here in Canada?

With the election less than a year away, the Prime Minister is choosing to turn a blind eye to this. Canadians deserve a government that will protect the integrity of our elections. The Prime Minister is failing to crack down on foreign influence and voter fraud while, arguably, encouraging these practices in the legislation as it is outlined in Bill C-76.

As an elected official, it is my responsibility to hold the government to account and to insist on integrity within the voter system. It is clear that Bill C-76 undermines the very basic principles of democracy, so I urge members of the House to vote no to this legislation.