Elections Modernization Act

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

This bill is from 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. The Library of Parliament has also written a full legislative summary of the 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.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-76s:

C-76 (2024) Law An Act to amend the Canada National Parks Act
C-76 (2005) An Act to amend the Citizenship Act (adoption)

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

December 13th, 2018 / 1:35 p.m.

Conservative

Joël Godin Conservative Portneuf—Jacques-Cartier, QC

Mr. Speaker, I thank my colleague from Cypress Hills—Grasslands. I am wondering the same thing. I think that the government is ramming this through. This is yet another example of the amateurism, and I emphasize the word amateurism, of this government, which is always improvising.

As we said, the illegal migrant situation is going to cost $1.1 billion. Yesterday, the government had its chequebook out and was giving out $25,000 for those who are living at the camp at Roxham Road, $10,000 for those who live a little further away, etc. It is unacceptable.

Fortunately, 2019 is just around the corner, and it is an election year. Canadians will finally be able to vote in a responsible government.

Elections Modernization ActGovernment Orders

December 13th, 2018 / 1:35 p.m.

Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, we are in a beautiful building that has so much meaning to Canadians from all regions of our country. It is such a privilege to be an elected representative. We know today will be our last sitting day. When I think of some of the institutions we have in Canada, number one on the list for me is the Parliament Building. This is the centre of our democracy. I appreciated the words yesterday from the Prime Minister.

It is significant that we are debating another aspect of democracy on our last sitting day in this beautiful room inside the Parliament Building. It is about democracy and how wonderful Canada is, which I and many others would argue is the best country in the world. We owe it to the individuals who have fought the wars. We owe it to the individuals who have filled this chamber. Most important, we owe it to Canadians from coast to coast who recognize the importance of our democracy, who get out and get engaged, whether they are volunteers, candidates or contributors, whomever they might be.

It is such a touching day that this will be our last day inside this hall. Perhaps I might be afforded an opportunity, depending on my constituents and my family, to give another speech inside this chamber 10 years from now. It is tough to say, but I do look forward to the future.

As this will be the last time I rise this year, I would give my thanks to some special people, including the individuals who record everything that is said. We call them our Hansard people. I also thank the individuals up in the TV room. For those who have never been in the TV room, it is quite the grouping up there. They do a fantastic job in ensuring we all look relatively well in our presentations and in delivering our speeches. My thanks go to the individuals who provide the security of this building and this chamber; to the table officers for the fine work they do in supporting members of Parliament, including you, Mr. Speaker; to the individuals such as our pages who play a very important role for all of us members of Parliament. I expect some speeches are a bit more challenging than others to listen to, but at the end of it, we do appreciate the efforts of the pages. I thank our support staff as well. We have amazing individuals who participate in our House leadership teams, from the ministers and the staff who are there to provide us often the type of speaking notes that are necessary in order to participate and be engaged in the debates.

So many individuals contribute to the functionality of this place. I extend my thanks, and also on behalf of many, if not all, members, and express how much I truly appreciate them.

Having said that, I want to get to the core of the issue. Having listened to the debate so far, there are many things that come to mind. In listening to what members have said, I sometimes wonder whether we are even debating Bill C-76. Someone posed a question as to what the government had actually achieved over the last three years. Others have talked about specific things that have occurred in the last three years. Then there has been some discussion from the Conservatives in regard to Bill C-76, and that is where I would like to start.

A few years back, when I was sitting in opposition, we had Stephen Harper's Fair Elections Act, as the Conservatives called it. In opposition, we called it the “unfair elections act”.

I remember that individuals, stakeholders and Canadians from coast to coast to coast recognized the many flaws in Stephen Harper's attempt to reform our elections. People were greatly discouraged. We made a commitment to make changes to our Canada Elections Act and that is what we are talking about today.

When I reflect on the days we debated it when we were in opposition, there was something in common with today. Back then, those in opposition to the Conservative legislation included the Liberal Party, the New Democratic Party, the Green Party, political stakeholders and individuals who followed politics from virtually every region of our country. Letters were written, appealing to prime minister Stephen Harper at the time not to move forward on a number of fronts. In its presentations to committee, there was no doubt that Elections Canada felt very frustrated because the government seemed to disregard it. Elections Canada, as an institution, is recognized around the world as an agency that performs exceptionally well when it comes to democracy. The Conservative government had no real respect for Elections Canada.

It is somewhat offensive to hear Conservative members talk about how, through this legislation, we are trying to jig the election in any way whatsoever. It is misinformation and that is something Conservatives are fairly good at, that Conservative spin, and it does not have to be truthful. They continue to spin things even though they are not true. They are often very misleading, and I am being generous when I say “very misleading”.

The legislation before us today is supported by other political entities. It is only the Conservative Party that does not want this legislation to pass. It has gone through first and second reading, it went to committee, it came back at report stage and had third reading in the House. Then it went to the Senate, where it was thoroughly debated again and all sorts of stakeholders made presentations. A relatively minor technical amendment was made and now it is back before the House. The Conservatives, once again, have taken the approach that, without the government applying time allocation, this bill will never see the light of day.

Let there be no doubt that at every stage of the bill in Parliament, the Conservative official opposition, which I would argue is still spearheaded by Stephen Harper himself, at least one would think that, continues to frustrate the House, attempting to ensure that Bill C-76 never sees the light of day. I suggest that is most tragic. Bill C-76 would enhance democracy in Canada. It would enable more people to participate in the democratic process. Ministers, parliamentary secretaries, many members and even some New Democrats have stood in their places and talked about the importance of this legislation becoming the law of the land. The reason is that at the end of the day, it would improve the system.

People who might be following this debate should be aware that if the government did not bring in time allocation on this motion, it would not pass. The Conservatives have no intention of seeing this proposed legislation pass. They talk about this being a historic day and, yes, this is a historic day, as it is the last day we will have debate inside this chamber. However, it is somewhat disingenuous to refer to the government's desire to use time allocation in order to fulfill a commitment to Canadians in making these changes, because the Conservatives do not want to see this bill pass.

We made a commitment in the last federal election to pass this legislation. In fact, there is wide support for it, and for a very good reason. We can take a look at some of the things the bill would do, such as the treatment of expenses related to the provision of care. This would be of great benefit for those individuals with children going through an election where there are spending caps. Under the bill, candidates would be able to have care provided, which would not be applied under the spending cap, and a healthy percentage of that cost would be rebated. This is widely supported in every area for anyone who talks about improving democracy, not only in Canada but in the world.

There are many aspects of this proposed legislation that would make our democratic system better. For example, there is assistance for electors with disabilities, transfer certificates for electors with disabilities, enhanced voting at home opportunities and level access for polling places. The bill would allow for pilot projects to be conducted through the Chief Electoral Officer and refers to costs to accommodate electors with disabilities. There are things within the proposed legislation that would enhance democracy for members of the Canadian Forces. It would revise who is entitled to vote under division 2, again with the idea of enhancing our democracy. It would put new voting integrity measures into place. There are requirements to provide service numbers with respect to the Canadian Forces. There is a lengthy list of actions that would be put into place as a direct result of this proposed legislation.

One of the issues when Stephen Harper brought in electoral reform was the voter identification card. The card was a valuable piece of identification that could be used with other identification in order to enable a person to vote. The Conservatives got rid of that. There was widespread objection to the Conservative government at the time for getting rid of it. Bill C-76 would reinstate it, with the support of organizations such as Elections Canada; many stakeholders; political parties including the Greens, New Democrats, and obviously the Liberals; and others. We are doing that because we recognize the value of enhancing our democratic system.

Bill C-76 is good legislation. I do not understand why the Conservative Party does not support the bill.

I would invite people to listen to what the Conservatives said today in addressing Bill C-76. I would suggest that 50% of the time, or more, they did not focus on the legislation. Rather, they talked about the last three years and they used the words “failure after failure”. Let us talk about the last three years.

One of the very first speeches I gave was on the first piece of legislation our government introduced in this beautiful chamber. We are talking about the last one today. The first one dealt with the tax breaks for Canada's middle class. Not only are the Conservatives voting against Bill C-76, they also voted against that tax break for Canada's middle class.

Elections Modernization ActGovernment Orders

December 13th, 2018 / 1:50 p.m.

Some hon. members

Shame, shame!

Elections Modernization ActGovernment Orders

December 13th, 2018 / 1:50 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, my colleagues are right. One would think they would be somewhat shamed.

When we talk about this whole idea of what has happened in the past three years, let me tell my Conservative friends across the way—

Elections Modernization ActGovernment Orders

December 13th, 2018 / 1:55 p.m.

Conservative

Michelle Rempel Conservative Calgary Nose Hill, AB

Mr. Speaker, I rise on a point of order. I would be remiss if I were not to point out the fact that perhaps my colleague might have strayed a bit from the relevance of the topic at hand. I would invite him to come back to the topic. Especially since this may or may not be the last speech given in this place for the next 15 years. he might want to make it relevant, and perhaps wish everyone a very merry Christmas.

Elections Modernization ActGovernment Orders

December 13th, 2018 / 1:55 p.m.

The Assistant Deputy Speaker Anthony Rota

As I mentioned earlier, hon. members do deviate and go on different courses, but sometimes they come back and make a lot of sense, and make it work. Therefore, I will leave it to the hon. parliamentary secretary.

However, this is my last chance, so I would like to wish everyone a merry Christmas and a happy holiday.

The hon. parliamentary secretary.

Elections Modernization ActGovernment Orders

December 13th, 2018 / 1:55 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, people are chewing up my time here. I have a lot to say. This is my last speech this year.

I would ask my friend to talk to the member for Cariboo—Prince George about the issue of relevance on this particular bill, and I do wish her a very merry Christmas.

Conservative after Conservative stood in their place and wanted to talk about what has happened in the last three years. That is what I want to spend my last three minutes on, because there have been lots of wonderful things in the last three years. There was the break for Canada's middle class, and what about that special tax on Canada's wealthiest 1%? That is something the Conservatives voted against.

On many occasions I have talked about the Canada child benefit increase and how that has lifted tens of thousands of children out of poverty. What about the guaranteed income supplement? It has lifted tens of thousands of seniors out of poverty. What about a government that has worked with other governments to achieve agreements, such as a price on pollution? Only the Conservatives, and they brought it up today in their speeches, believe that there should not be a price on pollution, and we still await their plan. What about the agreement between the provinces and territories on the CPP, which will put more money in the pockets of individuals when they start retiring in the years ahead? What about the reduction from age 67 back to 65 to collect OAS? I would also mention the hundreds of millions of dollars in historic investments in Canada's infrastructure that our government has put into place.

Our government has done more in the last three years than Stephen Harper did in 10 years. Our government, by working with Canadians in every region of our country, has generated over 700,000 jobs. We have an economy that is doing far better than most countries within the G7.

Elections Modernization ActGovernment Orders

December 13th, 2018 / 1:55 p.m.

The Speaker Geoff Regan

Order, order. The time for debate has expired.

Elections Modernization ActGovernment Orders

December 13th, 2018 / 1:55 p.m.

Conservative

Scott Reid Conservative Lanark—Frontenac—Kingston, ON

Mr. Speaker, on a point of order. We are down to the very last moments of the member's speech. This is his last chance in this House for the next decade to get back on topic under discussion.

Elections Modernization ActGovernment Orders

December 13th, 2018 / 1:55 p.m.

The Speaker Geoff Regan

He does not have another chance because the time for debate has, in fact, expired.

Elections Modernization ActGovernment Orders

December 13th, 2018 / 1:55 p.m.

Some hon. members

Oh, oh!

Elections Modernization ActGovernment Orders

December 13th, 2018 / 1:55 p.m.

The Speaker Geoff Regan

Sorry. The time is up.

The hon. parliamentary secretary to the Leader of the Government in the House of Commons has said a word or two in this place, and I suspect he might in the next location.

The House resumed consideration of the motion in relation to the amendment made by the Senate to Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments, and of the amendment.

Elections Modernization ActGovernment Orders

December 13th, 2018 / 3:25 p.m.

The Speaker Geoff Regan

Pursuant to an order made earlier today, the House will now proceed to the taking of the division on the motion to concur in the Senate amendment to Bill C-76.

The question is on the amendment. Is it the pleasure of the House to adopt the amendment?

Elections Modernization ActGovernment Orders

December 13th, 2018 / 3:25 p.m.

Some hon. members

Agreed.

No.