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. The Library of Parliament often publishes better independent summaries.

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

May 11th, 2018 / 1:20 p.m.
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Conservative

Martin Shields Conservative Bow River, AB

Mr. Speaker, I will be sharing my time.

There are few things as fundamental to democracy as the integrity of its elections. Elections are the bedrock upon which many of the tenets of democracy rest, so when we discuss changes to our election laws, we are talking about changes to a cornerstone of our political system.

There are some good things in this bill. The measures to accommodate those with disabilities seem well intentioned and could do a lot of good. They would be a good way to facilitate participation in the democratic process. However, I am opposed to some other measures proposed in Bill C-76.

I would first like to discuss is the status quo and why much of it just does not deserve to be changed. I am not opposed to changing our election laws if it means real improvement. I agree with Ronald Reagan that sometimes “status quo” is Latin for “the mess we're in”.

I have in fact supported past changes to Canada's election laws. In 2014, our former Conservative government passed the Fair Elections Act. It made much-needed changes that helped ensure the integrity of Canadian elections, common sense changes that worked, such as showing pieces of ID in order to vote. This was a basic, logical requirement that worked.

We need to identify ourselves before boarding a plane, which I will do later today; before buying alcohol, and I am not going to do that before I get on the plane; and before buying tobacco, and soon marijuana, if the government follows through on its misguided plan. In fact, in many instances in everyday Canadian life we are required to identify ourselves, so the question is, why does the government not believe our elections deserve to be safeguarded in the same way?

We currently have many ways to prove our identity when we go to vote. This bill would implement amendments to our voter identification rules. It would open the door to a re-implementation of the voter information card as ID. The voter information card is simply not an identification card. It is not. It provides information to the voter; it is not a means of verifying the voter's identity.

As the member for Perth—Wellington noted yesterday, in the 2015 election 986,613 of these voter information cards had inaccurate information—I received an inaccurate one myself—were sent to the wrong address, or were not complete. I do not know why that number does not give the members opposite pause.

Maybe the members opposite do not realize how many legitimate ways there are to prove identity under the current system. We think they would remember, given that three years later they still try to blame their scandals and errors on our former government. Those seem fresh in their minds. However, I have done them the favour of compiling a list, which I am sure they will appreciate. It will refresh their memories of the ways people can prove their identity.

They can use a health card, which we all seem to have; a Canadian passport, which many have; a birth certificate, and we seem to have a lot of those; a certificate of Canadian citizenship; a citizenship card; a social insurance number card; an Indian status card; a band membership card; a Métis card; a card issued by an Inuit local authority; a Veterans Affairs health card; an old age security card; a hospital card—

Elections Modernization ActGovernment Orders

May 11th, 2018 / 1:20 p.m.
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An hon. member

The list goes on and on.

Elections Modernization ActGovernment Orders

May 11th, 2018 / 1:20 p.m.
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Conservative

Martin Shields Conservative Bow River, AB

The list goes on. People can use a medical clinic card; a label on a prescription container, and a lot of seniors have those; an identity bracelet; a blood donor card, and that is a good one; a CNIB card; a credit card or debit card; an employee card; a student identity card; a public transportation card; a library card—I have one of those, and we all should have one of those; a liquor identity card; a parolee card; a firearms licence; a licence or card issued for fishing, trapping, or hunting, which many of us have; a utility bill; a bank statement; a credit union statement; a credit card statement; a personal cheque; a government statement of benefits; a government cheque or cheque stub; a pension plan statement—

Elections Modernization ActGovernment Orders

May 11th, 2018 / 1:20 p.m.
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An hon. member

The list goes on and on.

Elections Modernization ActGovernment Orders

May 11th, 2018 / 1:20 p.m.
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Conservative

Martin Shields Conservative Bow River, AB

It is a long list that they could be using, including a residential lease; a mortgage contract; an income tax assessment; a property tax assessment; a vehicle ownership; an insurance certificate; correspondence issued by a school or college; a letter from a public curator, public guardian, or public trustee; a targeted revision form from Elections Canada to a resident of a long-term care facility; or a letter of confirmation of residence.

It is an unending list of things that could be used for identification. They are not information cards.

There are a lot of options, and voter identification ensures the integrity of our elections. It certainly has not hindered voter participation.

In fact, the last election had one of the highest voter turnouts in Canada's history. As members opposite repeat constantly, it was because Canadians wanted to change the government. If they got them out by record numbers, what is the issue?

More indigenous Canadians voted than ever before, as in my riding. Despite the fearmongering from members opposite, the simple fact is that record numbers of Canadians voted in the last election, under the current system with voter information cards, not voter identification cards.

Beyond the changes the bill would make to voter identification, it also targets campaign financing. Interesting timing on that one.

The Liberals failed in their plan to change our electoral system to their preferred option without a referendum. They failed in their attempt to change our parliamentary rules to silence the opposition. They were caught accepting cash for access to the Prime Minister. Now that their poll numbers are sliding a bit and their fundraising is falling considerably behind our party, they are making a last-ditch effort to change the way campaign financing works to benefit themselves.

The closer we get to the 2019 election, the more interesting tactics start to show up. They are really the same Liberals Canadians have become tired of time and again, and they will try to cover their actions with empty platitudes.

This brings to mind a quote from General Oliver P. Smith, who said, “We're not retreating, we're just advancing in a different direction.” Well, it is time to call the real retreat now. Canadians will not stand for the Liberals' attempts to tilt the democratic process in their favour.

Our party may have a fundraising advantage, but that is because Canadians are sick of the Liberal government's policies. Many more Canadians are willing to contribute their hard-earned money to ensuring we replace the government in 2019.

This legislation also leaves a lot to be desired in combatting foreign influence in our elections. During the new pre-pre-writ period this legislation would establish, foreign contributions still would be allowed. Foreign money can be pumped into Canada and disseminated to numerous advocacy groups intent upon influencing our election. It is not just enough to limit direct foreign spending; it is this huge, gaping loophole that is the problem. There are still numerous allegations circulating about foreign influence in the last election.

The Tides Foundation, a radical group based out of San Francisco, is opposed to Canadian energy, yet it donated $1.5 million to Canadian third parties in the last election year alone.

How can we even have a meaningful debate on this aspect of the bill without knowing the status of any ongoing investigations, or without knowing if anything has been done to address foreign interference in the 2015 election? If the government were actually committed to ending foreign interference, this would have been resolved with this legislation, but it is not. The election is next year.

The bill would do our electoral process a disservice.

Elections Modernization ActGovernment Orders

May 11th, 2018 / 1:30 p.m.
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Liberal

The Assistant Deputy Speaker Liberal Anthony Rota

As we have hit 1:30 p.m., the hon. member will have two minutes coming to him, if he wants to take them up, and then questions the next time this topic comes up.

It being 1:30 p.m. the House will now proceed to the consideration of private members' business as listed on today's Order Paper.

The House resumed from May 11 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, be read the second time and referred to a committee, and of the amendment.

Elections Modernization ActGovernment Orders

May 22nd, 2018 / 10:20 a.m.
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Conservative

Scott Reid Conservative Lanark—Frontenac—Kingston, ON

Mr. Speaker, I apologize for having to ask about the time I had available to me a few minutes ago. We switched between two different items, and I was not sure whether I had 10 minutes or 20 minutes. I have since confirmed with the table, and I see you signalling as well, that it is 10 minutes this time. I will adjust my speaking matter accordingly.

Earlier I took a few moments to congratulate the minister on being back in the House and being a new mom. It was wonderful to see her. I think everyone is as pleased as I am.

I want now to dwell on an issue on which I think the minister and I may not yet be on the same page. I am hopeful that I will be able to convince her and her House leader, through my words, of the merits of the position I am going to put forward. This is an argument as to the importance of electoral law and the detail involved in it and the importance of not rushing through debate on it.

In my remarks a few moments ago, I pointed out that our electoral law is unusual in that items that would normally be dealt with through the regulatory power, that would be written up through orders in council or ministerial orders and put on the books that way, having the force of law but not having been debated in the House, are, in fact, debated in the House and in committee. Because of the unique nature of electoral law, we are all interested parties. If the government, which is ultimately represented by only one party, were to have charge of those rules, it might very well change the rules in its own interest. Therefore, this law, unlike other laws, has never been moved from its original position of being dealt with entirely in the House.

At one time, we dealt with all legislation this way: in the House. We did not send it off to committee. We did not have regulatory powers. That all came later, with the development of what we call the bureaucratic state, or the administrative state, in the 20th century. We never moved this over for that reason. That means that we have to give this material the time it needs.

I am well aware of the argument being presented, or that I suspect will be presented, on the government side that we should move to some form of time allocation, because time is of the essence. Time is of the essence because an election is looming, a year and four months from now. The Chief Electoral Officer has indicated that we will not be able to enact that legislation and put in place the administrative procedures necessary to make it happen in the new ways that have been laid out in this bill unless it is passed very soon.

With regard to the point that we must now hurry, I will point out that, number one, it is not actually necessary to put this legislation through to have a successfully conducted election. We had a successfully conducted election that involved the true test of all elections. It involved the incumbent government being relieved of power in 2015. Therefore, this is not absolutely essential. It would be nice, but it is not essential.

It is not essential that this bill be passed in its original form. In particular, a bill that gets into this kind of detail ought to be looked at with a view to making such changes as would make it better. This is largely administrative law, detailed law, the kind of thing where slight wording changes can make a substantial difference. It is not the sort of broad, sweeping principle we see in some shorter pieces of law, certainly in motions in the House, and in the Constitution. This is at the exact opposite end of the bell curve of potential legislation. It is detail-oriented and requires detailed study. That is part of the reason a convention has developed that one ought not apply time allocation to electoral legislation.

The other reason it ought not happen is that the devil is in the details, by which I mean not merely that there could be omissions that might occur when dealing with detailed legislation, and I am not suggesting, implying, or insinuating that this is the case here, but it can happen that provisions written specifically for the purpose of privileging the incumbent party are written into legislation.

That was exactly the situation a little over a year ago when we were dealing with the electoral reform issue. We were dealing with a series of hearings that were to produce legislation, and it became evident that the government had been spinning its wheels for 18 months to create a crisis, a rush, which could only be dealt with by changing the electoral system in the particular way that would benefit the Liberal Party of Canada.

There is only one system, other than the current system, that can produce a better result for the Liberal Party of Canada, which is the preferential ballot. That is the system the Prime Minister favoured. I assume he favoured it all along. He claimed to have an open mind. However, when it was all over, he said he would never consider proportional representation as an alternative to the status quo, the first past the post system, and would only ever consider a preferential system. He went on to describe the scenarios of the public policy disasters that he imagined would arise if we had a proportional system, the system that was favoured by virtually every person in the public hearings across the country who wanted change.

Creating a crisis by spinning one's wheels does not mean that the rest of the country needs to feel in crisis on order for us to pass the government's legislation. The fact is that the government could have introduced this legislation earlier. It might have been fewer than 300 pages long and dealt only with some of the subject matter, but as far back as the last election and the throne speech, the government was very specific in saying there were things that it did not like in the Fair Elections Act, the bill that passed by the last Parliament to change the Elections Act.

The opposition then indicated it was unwilling to proceed, that it thought it was wrong for us to proceed via time allocation. Now, I should say that time allocation was indeed applied. I am sure the other side will make that point. However, it was not as aggressive a time allocation as being advocated in this case. As well, if the Liberals believed that time allocation was wrong then, and they seemed very sincere about that when they were in opposition, then I have to believe that if time allocation were introduced now, they would regard that as a breach of their own de facto promise to the Canadian people that they would not impose electoral reform or new elections legislation in violation of the convention that has developed that time allocation not be introduced to make changes to the Elections Act.

That is to say, it is not appropriate for the Liberals to say that when they were in opposition they were opposed to time allocation, that when the Conservatives were in power they abused this convention and, therefore, that the convention does not exist. I think the Canadian people, those who voted for the Liberals because they were unhappy with this sort of thing, said something to the effect that they were not happy with the Conservatives and would like to elect the Liberals because they would do things differently. I do not think Canadians would have been happy if they realized that the plan was for the Liberals to say that since the Conservatives had rolled back a convention, they could now regard it in the same way.

Whatever the Liberals said about the Conservative government trampling democracy would be true in the same measure of the Liberals now in power. Let me make this point by quoting the member of what was then Bonavista—Gander—Grand Falls—Windsor, now Coast of Bays—Central—Notre Dame. At the time, in debate in this place he said:

If we are actually debating on second reading, third reading, or reports stage any changes to the Elections Act or the Parliament of Canada Act, time allocation and closure need not apply. It basically codifies a convention in this House, [here he was speaking to his own motion] a tradition we should respect....

He went on to say:

I hope every member of this House will agree with us that closure and, specifically, time allocation would be set aside because of something of this importance.

This was a convention that had arisen. It ought to be re-established.

Albert Venn Dicey, the great 19th century English legal philosopher, developed the idea of conventions. He said that a convention comes into force in practice when parties on both sides have respected it. I suggest that if the Liberals thought the convention was in danger in the last Parliament, they may very well be on the verge of destroying it by acting again in that way. Presumably, a convention can be removed by two parties acting in sequence.

I would like to see us not break that convention. I would like to see us re-establish the convention that time allocation is never applied to changes to the Elections Act. I hope the Liberals will come to agree with me. There is still time for them to do so.

Elections Modernization ActGovernment Orders

May 22nd, 2018 / 10:30 a.m.
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Winnipeg North Manitoba

Liberal

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

Mr. Speaker, I appreciate the comments by my colleague across the way, but surely he would recognize that the Conservatives, as an opposition party, have already concluded they do not want to see this legislation pass. It appears that the Conservatives are prepared to do whatever it takes to prevent this legislation from passing, yet it has been fairly widely debated. In fact, we have had reports and studies by the procedure and House affairs committee that this would improve democracy in Canada.

Would my colleague not recognize that in advancing democracy through this legislation, we do need to go to the tool box at times to ensure that such legislation does pass in a timely fashion and that Elections Canada will have the opportunity to implement it? If we listened to the Conservatives, this legislation would never pass and Elections Canada would never have the opportunity to implement it. This is legislation that Canadians as a whole support.

Elections Modernization ActGovernment Orders

May 22nd, 2018 / 10:30 a.m.
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Conservative

Scott Reid Conservative Lanark—Frontenac—Kingston, ON

Mr. Speaker, there has been a tendency on the part of the current government, which it has happened so often that I find it hard to believe it is not a deliberate pattern of behaviour, of not introducing important legislation for a considerable length of time, and then when it is introduced, insisting that we have to rush it through.

This happened with the assisted-dying legislation, which was dealt with far too late and created a whole series of problems, including the “elbowgate” fiasco. That was caused by government having spun the legislation so much that it was no longer possible to get it through by a court-imposed deadline unless we had a vote before a certain hour that night.

We saw the same thing with the cannabis legislation and the electoral reform legislation, and we are seeing it with this legislation as well. If the Liberals choose to try to do this sort of thing to forestall debate, obviously we on the opposition side would want to frustrate that attempt to forestall the debate that Canadians deserve on this important legislation.

Elections Modernization ActGovernment Orders

May 22nd, 2018 / 10:35 a.m.
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NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Mr. Speaker, I share my colleague's concerns about the way Bill C-76 has been introduced, particularly at this moment in the parliamentary calendar. We also had Bill C-33 languish at first reading for 18 months. For a government that is all about electoral reform and attaches such importance to it, I would have thought that we would not be debating such an important bill on the back nine of the golf course. I certainly hope that the government honours its promise to allow this place to fully debate this bill.

One part of the bill that I do like is that it would adopt what my private member's bill, Bill C-279, sought to do, which is to put a hard limit on the length of elections. Many of us felt that was a reasonable amendment to put into the Canada Elections Act, because it would prevent future governments from going through another 78-day marathon campaign. I would appreciate hearing my colleague's thoughts on that particular aspect of the bill.

Elections Modernization ActGovernment Orders

May 22nd, 2018 / 10:35 a.m.
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Conservative

Scott Reid Conservative Lanark—Frontenac—Kingston, ON

That is a good question, Mr. Speaker. The reference of course is to the very long campaign that took place in 2015.

In general terms, it is advantageous to have as little discretion as possible with the length of a campaign, particularly as we now have moved to fixed election dates. There might be different circumstances in the event of a minority government, which can fall unexpectedly. We would want to leave enough time to adjust, for example, if an election happens over the Christmas break, which actually occurred in 2005-2006. Therefore, in general it is a good idea, but there has to be some kind of limit to it.

One thing that does concern me, and I would invite my colleague to think about it, is the fact that in addition to the writ period, we have kind of a pre-writ period when certain restrictions are placed on freedom of speech by this bill. We are simultaneously shrinking the maximum length of the writ campaign and introducing a kind of different campaign that is much longer and did not exist previously. I am not sure what the consequences of that would be. We would want to investigate that. It is a good example of the sort of thing we cannot rush a discussion on; hence, our desire not to have time allocation.

Elections Modernization ActGovernment Orders

May 22nd, 2018 / 10:35 a.m.
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Parkdale—High Park Ontario

Liberal

Arif Virani LiberalParliamentary Secretary to the Minister of Canadian Heritage (Multiculturalism)

Mr. Speaker, I will be splitting my time with the member for Willowdale this morning.

I am proud to rise today to speak in favour of Bill C-76, which would empower more Canadians to vote and would ensure that elections are protected from interference. This legislation would give more Canadians the opportunity to vote by reducing the number of barriers to casting a ballot and would limit interference by ensuring the integrity of our voting process.

I would like to take this occasion today to welcome back to the House the Minister of Democratic Institutions, who has just returned from maternity leave, and to offer my congratulations to the minister.

In terms of an overview, let us turn back the clock to 2014, the year Stephen Harper's Conservative government enacted the so-called Fair Elections Act. In a blatant attempt to secure re-election, the Harper government at the time sought to impede rather than enhance access to voting. That legislation made voting at the polls more difficult and, amazingly, even prohibited the Chief Electoral Officer of this country from educating Canadians about the importance of getting out to vote.

In addition to that, the Harper Conservative government made elections longer and more expensive, in a blatant attempt to crush opposing political parties by simply outspending them. The self-serving rules imposed by the previous government should not be tolerated by any member of the House regardless of their political stripe. This is the very reason we introduced Bill C-76.

Plainly, Mr. Harper's plan backfired. Rather than keeping voters away in 2015, they came out in droves to vote him and his party out of office. In doing so, they also sent a very clear message that affronts to our democracy should not and will not be tolerated.

I recall very specifically the campaign of 2015 when engaged citizens in my riding spoke to to me about what they called the “unfair elections act”. They demanded change. The folks in Parkdale—High Park said that loudly and clearly to me. I heard from those constituents and communicated their concerns here in Ottawa. Our government is responding today with Bill C-76, legislation that would enable Canadians to come out and vote and prevent the manipulation of our democracy.

There are two broad categories. The first category is about access. As a fundamental principle, our government believes in the notion of making it easier, not harder, for people to vote. Unlike the Conservatives, we do not regard a larger number of people participating in elections as a threat to democracy, but a manifestation of a healthy democracy. That means giving Canadians the tools to be able to participate in our voting system.

For all Canadians, regardless of their background or their station in life, a participatory democracy means giving every Canada an equal chance to obtain a ballot and to cast a vote. As the Parliamentary Secretary for Multiculturalism, I take seriously the issue of access and inclusion, and I am most proud of the fact that Bill C-76 will increase the ability of diverse Canadians across a wide array of demographics to participate in our democratic process. Allow me to explain.

First, let us speak about low-income Canadians. For those who may not have the wherewithal to obtain government issued photo identification, Bill C-76 would allow them to use the voter information card as a legitimate form of identification at the polls. This will ensure that fewer voters are turned away at the polls, allowing more Canadians to exercise their democratic right to cast a ballot in federal elections, reversing one aspect of the unfair elections act.

Second, for Canadians who may not even have the wherewithal to possess a voter information card, we will reintroduce the old, pre-Harper system of vouching, which allows a registered voter to vouch for the identity of another person. Mr. Harper's legislation eliminated vouching and was strongly criticized at the time by the Chief Electoral Officer of Canada. In 2015, a whopping 172,000 people, particularly youth and indigenous persons, cited their lack of identification as the reason they did not vote. On this side of the House, we do not fear youth and indigenous voices; we encourage them. With this change in Bill C-76, we will re-enfranchise such people.

Third, we are taking significant steps to increase the access and participation of young Canadians. With this bill we will create a national list of pre-electors, so that Elections Canada can pre-register Canadian youth aged 14 to 17 to vote. Elections Canada will administer the list and sign up young people to receive information about voting until they reach voting age. The evidence has demonstrated clearly that once a person votes, they are more likely to continue to vote in subsequent elections. Our goal is to help, not impede, young people so that they make voting a lifelong habit.

Fourth, for Canadians with disabilities, we are taking vital steps to increase their access to and opportunity to cast a ballot. We currently have accommodations for persons with physical disabilities to vote from home.

Disabilities can be both physical and intellectual. To include more Canadians in the pool of potential voters, we are expanding the provisions for voting at home for any elector with a disability, irrespective of the nature or extent of his or her disability. The same concept would apply to transfer certificates. Right now, only a voter with a physical disability can apply to vote at a different accessible polling station. Under this bill, we will extend the same accommodation to those with intellectual disabilities. This is meaningful inclusion in action.

Bill C-76 goes even further. It provides funding for important initiatives so that Canadians with disabilities can vote. This bill encourages candidates and political parties to take specific measures to accommodate voters with disabilities and reduce the barriers to their participation in the democratic process by offering financial reimbursement for their efforts.

Fifth, for trans and non-binary Canadians, we are taking important steps to boost voter access and participation. Under Bill C-76, requirements to indicate a voters sex on the list of electors or other documents is being deleted. Trans and non-binary Canadians will no longer be required to explain or confirm their gender identity at the polls before they are given a ballot. This type of measure will ensure that all LGBTQ2 Canadians are welcomed at voting stations and encouraged to cast a ballot.

Sixth, for Canadians abroad, Bill C-76 would restore the access to the democratic process that Stephen Harper severed. Under the unfair elections act, Mr. Harper took away the right to vote from one million Canadians who had been living abroad for more than 5 years, a decision which prompted a charter challenge all the way to the Supreme Court of Canada. The case was Frank v. Canada, which was heard on March 21 of this year.

Our government is not waiting for the court to render its decision about the charter protected voting rights of Canadians abroad. We are acting now with this legislation to restore such rights. We are saying to the one million Canadians around the globe, in the 21st century, in an era of mobile work and mobile workers, that their right to have a say in the election of their national government should not be fettered by the international demands of their employment.

Seventh, as I said at the outset, our government does not fear citizen participation in the democratic process; we encourage it. That is why, in an effort to improve access of all Canadians, we are removing what was one of the most egregious instances of abuse on the part of Stephen Harper's previous government. Under that government's unfair elections act, it prohibited the Chief Electoral Officer of our country from educating adult Canadians about voting and the importance of casting a ballot.

Not discouraged, the Harper government prohibited the Chief Electoral Officer from doing his job, from building civic literacy and educating Canadians about why it was important to participate in our electoral system. I am as incredulous today as I was in 2014 when I first learned about this aspect of Stephen Harper's legislation. To prohibit a non-partisan officer like the Chief Electoral Officer of Canada from informing Canadians about the merits of casting a ballot in our system of government is nothing short of anti-democratic. It was at the very core of why Canadians responded so resoundingly against Mr. Harper in the 2015 election, and why we are restoring such a basic aspect of the Chief Electoral Officer's duties with Bill C-76.

My final point on access relates to indigenous persons. It is connected to the broad measures we are taking under this legislation to facilitate more people being able to cast a ballot.

The structural changes in Bill C-76 would make voting faster and less time consuming, thereby increasing the number of Canadians likely to cast a vote. The changes include being more flexible with where one can vote at a given polling station; enhancing the use of special ballots; keeping advance polls open longer; and using mobile polls more frequently to reach those in low density, remote, and isolated communities.

The impact on access will be tangible. Many indigenous persons in our country live in more remote and isolated communities. By making this important change, we are empowering indigenous persons' voices to be heard and counted within our democratic process.

With respect to the second category, it talks about the integrity of our democratic process. The bill speaks for itself with respect to placing important limits on things like the length of an electoral campaign and the power to enforce against breaches of the act and electoral fraud.

The previous unfair elections act passed under the Harper government impeded instead of improved access to the ballot box. As a government, we believe that when more Canadians vote our democracy is strengthened, not threatened. That is why we have tabled Bill C-76, legislation that would increase access for all Canadians of diverse backgrounds to the ballot box. That is why I will be voting in support of the bill. I urge all parliamentarians to do the same.

Elections Modernization ActGovernment Orders

May 22nd, 2018 / 10:45 a.m.
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Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Mr. Speaker, right off the top, the member said something about the Conservatives not liking it when large numbers of people voted. However, under the last election, I believe an unprecedented number of people voted. It may have had something to do with the fixed election date. It may also have been because this place undertook a large study to pick a particular day of the year when most people would be home and would be able to vote. That may have had something to do with the large number of people who voted. What are his thought on that?

Elections Modernization ActGovernment Orders

May 22nd, 2018 / 10:45 a.m.
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Liberal

Arif Virani Liberal Parkdale—High Park, ON

Mr. Speaker, I will address that in two parts. There is no doubt that fixed election dates have been proven to demonstrate that when we pick a date that is more convenient to the masses, more people will come out to vote. I applaud that initiative. This bill retains that initiative. Fixed election dates will not go anywhere under Bill C-76.

For my hon. friend opposite, and this has come up in repeated instances in the chamber, the reason we had an unprecedented number of people voting in the 2015 election was not because of the legislative initiatives by the previous government; it was specifically in spite of those legislative initiatives. It was in spite of the actions of Mr. Harper that people came out to vote him and his party out of office.