Bill C-76 (Historical)

Elections Modernization Act

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

This enactment amends the Canada Elections Act to establish spending limits for third parties and political parties during a defined period before the election period of a general election held on a day fixed under that Act. It also establishes measures to increase transparency regarding the participation of third parties in the electoral process. Among other things that it does in this regard, the enactment
(a) adds reporting requirements for third parties engaging in partisan activities, partisan advertising, and election surveys to the reporting requirements for third parties engaging in election advertising;
(b) creates an obligation for third parties to open a separate bank account for expenses related to the matters referred to in paragraph (a); and
(c) creates an obligation for political parties and third parties to identify themselves in partisan advertising during the defined period before the election period.
The enactment also amends the Act to implement measures to reduce barriers to participation and increase accessibility. Among other things that it does in this regard, the enactment
(a) establishes a Register of Future Electors in which Canadian citizens 14 to 17 years of age may consent to be included;
(b) broadens the application of accommodation measures to all persons with a disability, irrespective of its nature;
(c) creates a financial incentive for registered parties and candidates to take steps to accommodate persons with a disability during an election period;
(d) amends some of the rules regarding the treatment of candidates’ expenses, including the rules related to childcare expenses, expenses related to the care of a person with a disability and litigation expenses;
(e) amends the rules regarding the treatment of nomination contestants’ and leadership contestants’ litigation expenses and personal expenses;
(f) allows Canadian Forces electors access to several methods of voting, while also adopting measures to ensure the integrity of the vote;
(g) removes limitations on public education and information activities conducted by the Chief Electoral Officer;
(h) removes two limitations on voting by non-resident electors: the requirement that they have been residing outside Canada for less than five consecutive years and the requirement that they intend to return to Canada to resume residence in the future; and
(i) extends voting hours on advance polling days.
The enactment also amends the Act to modernize voting services, facilitate enforcement and improve various aspects of the administration of elections and of political financing. Among other things that it does in this regard, the enactment
(a) removes the assignment of specific responsibilities set out in the Act to specific election officers by creating a generic category of election officer to whom all those responsibilities may be assigned;
(b) limits election periods to a maximum of 50 days;
(c) removes administrative barriers in order to facilitate the hiring of election officers;
(d) authorizes the Minister of Citizenship and Immigration to provide the Chief Electoral Officer with information about permanent residents and foreign nationals for the purpose of updating the Register of Electors;
(e) removes the prohibition on the Chief Electoral Officer authorizing the notice of confirmation of registration (commonly known as a “voter information card”) as identification;
(f) replaces, in the context of voter identification, the option of attestation for residence with an option of vouching for identity and residence;
(g) removes the requirement for electors’ signatures during advance polls, changes procedures for the closing of advance polls and allows for counting ballots from advance polls one hour before the regular polls close;
(h) replaces the right or obligation to take an oath with a right or obligation to make a solemn declaration, and streamlines the various declarations that electors may have the right or obligation to make under specific circumstances;
(i) relocates the Commissioner of Canada Elections to within the Office of the Chief Electoral Officer, and provides that the Commissioner is to be appointed by the Chief Electoral Officer, after consultation with the Director of Public Prosecutions, for a non-renewable term of 10 years;
(j) provides the Commissioner of Canada Elections with the authority to impose administrative monetary penalties for contraventions of provisions of Parts 16, 17 and 18 of the Act and certain other provisions of the Act;
(k) provides the Commissioner of Canada Elections with the authority to lay charges;
(l) provides the Commissioner of Canada Elections with the power to apply for a court order requiring testimony or a written return;
(m) clarifies offences relating to
(i) the publishing of false statements,
(ii) participation by non-Canadians in elections, including inducing electors to vote or refrain from voting, and
(iii) impersonation; and
(n) implements a number of measures to harmonize and streamline political financing monitoring and reporting.
The enactment also amends the Act to provide for certain requirements with regard to the protection of personal information for registered parties, eligible parties and political parties that are applying to become registered parties, including the obligation for the party to adopt a policy for the protection of personal information and to publish it on its Internet site.
The enactment also amends the Parliament of Canada Act to prevent the calling of a by-election when a vacancy in the House of Commons occurs within nine months before the day fixed for a general election under the Canada Elections Act.
It also amends the Public Service Employment Act to clarify that the maximum period of employment of casual workers in the Office of the Chief Electoral Officer — 165 working days in one calendar year — applies to those who are appointed by the Commissioner of Canada Elections.
Finally, the enactment contains transitional provisions, makes consequential amendments to other Acts and repeals the Special Voting Rules.

Elections Modernization Act

[Alistair MacGregor, NDP, Cowichan—Malahat—Langford, BC]

Mr. Speaker, I was in Saskatoon a couple of weeks ago with the agriculture committee. It is a very lovely town and is certainly a hub for agricultural innovation and technology.

In my riding, a fair section of the population does not have access to voter ID cards. They are Canadian citizens, and they are guaranteed the right to vote. That is what makes this whole process different from getting a licence to drive a car. Driving is a privilege; voting is a right.

The claim about voter fraud has been going on for decades. In fact, Harry Neufeld, the former chief electoral officer for British Columbia, heard horror stories throughout his entire career, but not one of those stories was ever substantiated with evidence. With all due respect to my hon. colleague, this is the theory the Conservatives are presenting to the House and to Canadians.

I am wondering if my colleague could inform the House of any known cases of voter fraud he is aware of. I would certainly like to hear about them, given that we have had testimony from people who have been involved in this for decades, and they have yet to substantiate any evidence of widespread abuse or fraud going on in Canada.

[Kevin Waugh, Conservative, Saskatoon—Grasswood, SK]

Mr. Speaker, the government admitted that in the election of 2015, 986,613 voter information cards were issued with incorrect information and had to be revised.

As I mentioned, I worked for Elections Canada. I was one of those people who would be in an electoral situation in a room. It was in Saskatoon. Many people in the early 2000s did not have proper identification. We went through the process, and we gave them, at the time, the right to vote.

The fraud situation is hard to prove. However, we know that third parties in this country are getting a bigger say than they should. This legislation would strengthen third parties, which is something I think all Canadians are very concerned about. We have seen what third parties have done in the United States. We have seen what third parties did with Brexit in Britain. We are all concerned about third parties. The money they are pouring into this country is a concern for all Canadians for 2019.

[Ali Ehsassi, Liberal, Willowdale, ON]

Mr. Speaker, I will be splitting my time with the member for Toronto—Danforth.

I am honoured to rise in the House today to join other colleagues in the debate before us and in support of Bill C-76, an act to amend the Canada Elections Act and other acts.

Since the very first ballots were cast in Canada more than 150 years ago, Canadians have pushed for change, demanding that elections in our country be fairer, more inclusive, and more accessible. At first, it was only men who could vote, until women fought for their right to have a voice. Indigenous communities bravely stood up to ensure that they were heard at the ballot box. Over 20 years ago, it was mandated that all voting places be accessible to all Canadians.

The evolution of voting rights in this country has always proceeded in lockstep with the forward march of civil rights. As a government, we are committed to continuing this legacy and to moving forward.

Canada's democracy is made up of all citizens and what they have to say about the country they seek to create. The measures in Bill C-76 would be bold and important steps along this path of empowering Canadians and strengthening our electoral process, which benefited from the recommendations of the Chief Electoral Officer after the 42nd general election.

Voting has to accommodate people's busy lives. Bill C-76 would help Canadians vote when and how it works for them. These measures would reduce wait times at polling places. Bill C-76 would also increase advance polling to 12 hours a day so that Canadians could easily vote ahead of election day if they so wished. It would also make voting more convenient by letting people use their voter information cards, as was previously the norm.

In 2011, Elections Canada conducted a pilot project on using the voter information card as voter ID and recommended that Canadians be able to use their voter information cards to vote. The findings were hugely important. Among students, the cards were used by 62% of voters. In seniors residences, the number was 73%, and on first nations reserves, they were used by 36% of voters. It is clear that this measure is important in helping Canadians participate in our democracy. Based on a Statistics Canada study, over 160,000 Canadians could not vote because they did not have the ID they needed. I am proud that our government would be addressing this.

These changes would also reintroduce vouching so that a voter could allow another Canadian to vote as well. As has been the case with many of the initiatives undertaken by our government, this would not represent a radical departure from the norm but rather a return to standard Canadian practices and ideals.

Undoing the unfair parts of the previous government's so-called Fair Elections Act would mean that more Canadians would be able to participate in our democracy.

Participating by voting is more difficult for some people than others, and that is simply not fair. The men and women in uniform who risk their lives to protect the rights of all Canadians deserve to have their right to vote protected. Bill C-76 would bring changes that would give Canadian Armed Forces members greater flexibility in how they cast their ballots, while also making sure that it is a secure process, whether they are voting abroad or at home. Additionally, Bill C-76 would extend the right to vote to approximately one million Canadians who live abroad, ensuring that they would have their say.

We would also remove barriers to Canadians with disabilities by increasing assistance at polling places and by allowing voting at home. Bill C-76 would provide incentives for parties and candidates to make their activities accessible to and inclusive of people with disabilities. I am confident that all my colleagues in this House will welcome new resources for positive and common-sense steps, such as having flyers in Braille and ramps at campaign offices. These are small changes that would have a huge impact on fellow Canadians.

I am proud that while our government is taking steps to empower voters today, we are also looking to the next generation. There can be no question that the young people of Canada are engaged, and they are shaping our future.

In my own riding of Willowdale, the members of the youth council are already grappling with our country's most pressing issues. They have gone to the G7 youth summit with the Minister of Foreign Affairs to ask questions about challenges facing the international community. Over the last months, they have also had debates on everything from how Canada can engage in meaningful reconciliation with our indigenous communities to what policies are needed to protect the environment.

The future of our country is in good hands. I know that youth from coast to coast to coast have just as much to say about politics as the young people of Willowdale.

By creating a register of future electors, Bill C-76 would allow Canadians between the ages of 14 and 17 to register with Elections Canada, which would allow them to be added to the voter list automatically when they turn 18. This would have a huge impact on our youth. Provisions in Bill C-76 would make it possible to contact approximately 1.5 million young people as part of civic education initiatives in high schools.

I remember the first time I voted, and how important it was to me. When I put an X on my ballot, I was excited to be weighing in on issues that mattered to me. I want to make sure that all of our youth have the same positive experience I had.

When our youth are empowered, they create change, and that leads to a brighter future. Studies have repeatedly shown that voting at a young age encourages lifelong voting and participation in the democratic process. Given that Canada ranks an uninspiring 23rd among OECD countries in voter turnout, encouraging habitual voting among the next generation of Canadians is a noble goal and a meaningful step forward.

Just as Bill C-76 looks to our youth as the future of our democracy, it also addresses changing realities and what our world will look like tomorrow. Cyber-threats pose a real and serious danger to the integrity of democratic processes everywhere. Canada must be prepared to meet these challenges with strength and determination to keep our elections secure and transparent. I am proud that Canada consistently ranks as one of the countries with the freest and most transparent elections, but this is no mere coincidence. It is because we have dedicated citizens and officials hard at work.

Democracy is at the heart of our communities and at the heart of our country. I know that Bill C-76 would strengthen Canada's democracy, not just for today but for many years to come.

[Alupa Clarke, Conservative, Beauport—Limoilou, QC]

Mr. Speaker, the member for Willowdale has spoken quite eloquently about Canada's past, our history. Canada marked its 150th birthday recently. He told us the truth, that throughout history we have increased the enfranchisement of voting rights, which is great. I would like to remind the member that Borden's Conservative government gave women the right to vote. It was a great movement in history for this country.

However, I would also like the member to reflect on the fact that today we have legitimate questions. These are not questions about the fact that the Liberals are trying to help more handicapped persons or military members have access to voting. We have specific questions regarding how we can trust the government, which in the last year has shown disregard for electoral fundraising with cash for access, and disregard for a fundamental promise made during the election to reform the way people vote. How can we trust the government going forward?

As well, we are hearing the Elections Canada director telling the government that it is too late now to implement those changes for the next election. What is the main goal of the government? How can we trust it going forward?

[Ali Ehsassi, Liberal, Willowdale, ON]

Mr. Speaker, I obviously took note of my hon. colleague's comments. However, it is important to bear in mind that before drawing up all the initiatives that were part of this bill, we did actually listen to the Chief Electoral Officer.

It was quite clear to us that some of the changes that had been made previously would impede the ability of various individuals to partake in the election process. As members will note, there is the issue of the voter information cards. The evidence is quite clear that the use of such cards allowed an increase in the participation of seniors, students, and first nations communities. In addition to that, as I cited in my remarks, it is quite obvious that the evidence is telling us that we rank 23rd among OECD countries.

We thought it was incumbent upon us to honour our undertaking in the platform to do something about this, and that is exactly what Bill C-76 would do.

[Alistair MacGregor, NDP, Cowichan—Malahat—Langford, BC]

Mr. Speaker, I agree with the member that there are a lot of good things to unpack in this bill. I particularly like the fact that we are going to be registering young people. Over the last two months, I have had some great conversations in high schools in my own riding, and I am very proud to report to the House how engaged the youth are in those classrooms. It makes a lot of sense to start setting up the process so that when they turn 18 they are able to participate in our democracy.

I want to go back to the question I posed earlier to the parliamentary secretary regarding the timing of this bill. We know from the previous acting Chief Electoral Officer that Elections Canada really wanted to have these changes implemented by April 2018, and here we are, having had this bill introduced on April 30. Furthermore, the government let Bill C-33 languish at first reading for 18 months. Given that Elections Canada needed this time to have the legislation implemented, and the bill still needs to travel through the House of Commons and the other place and receive royal assent, I would like to ask the member why his government waited so long to introduce this bill.

I do not agree that we have debated the particulars of the bill. I know that the PROC committee has been debating the issues, but that debate is separate from the debate on the legislation. The House really needs to have its time to examine the legislation. Why did his government wait so long to introduce this very important piece of legislation?

[Ali Ehsassi, Liberal, Willowdale, ON]

Mr. Speaker, my hon. colleague is absolutely correct. We take everything that the Chief Electoral Officer says very seriously. As I indicated, some of the changes in the bill were actually based on things that were brought to our attention by the Chief Electoral Officer. However, it was important that we take a good, long, and close look at the legislation and try to make it as comprehensive as possible to make sure that more and more Canadians can take advantage of voting, and that they actually partake in the electoral process. Bill C-76 is obviously a reflection of that comprehensive approach.

The House resumed consideration of the motion that 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.

[Julie Dabrusin, Liberal, Toronto—Danforth, ON]

Mr. Speaker, it is a pleasure to rise today to speak to Bill C-76, the elections modernization act.

In my own family, one of the things I have always placed a lot of importance on is to take my children to the voting booth with me when voting, and to keep emphasizing the importance of people being involved in the electoral process and getting out to vote. This bill goes to that very point, so it speaks very strongly.

Among the bill's provisions are measures that affect the Commissioner of Canada Elections. The commissioner is a non-partisan official responsible for investigating potential electoral issues, such as voter fraud or financial irregularities. He or she is supported by an investigations directorate made up of investigators, lawyers, and communications and administrative personnel.

Our government made a commitment to Canadians in the last election to reverse the changes in the former Harper government's so-called Fair Elections Act that made it harder for Canadians to vote, or made it harder for our elections laws to be enforced. Bill C-76 delivers on that commitment.

When it is passed, this legislation would return the office of the commission to Elections Canada. This relationship would create several advantages for the commissioner. This change would help increase the independence of the commissioner from the government of the day. It would also help ensure that the commissioner and the Chief Electoral Officer are better coordinated in enforcing our election laws. Not only does Bill C-76 deliver on this important election commitment, but it goes further in providing new tools and powers to the commissioner.

Currently, the staff of Elections Canada are ineligible for consideration for appointment as commissioner. Elections Canada offers an obvious recruiting ground for personnel who are very familiar with the issues that arise in our democracy. Bill C-76 would restore Elections Canada's status as a source of candidate recruitment.

At the same time, however, I would emphasize that it is also important that the Commissioner of Canada Elections be independent, not only from the government of the day, but also from the Chief Electoral Officer. The bill before us adds an explicit statement that the commissioner's investigations occur independently of the Chief Electoral Officer. The bill also explicitly authorizes the commissioner to independently publish an annual report.

Under the bill before us, rather than having to first obtain authorization from the director of public prosecutions, commissioners would be able to lay a charge of their own initiative. The police and almost all federal regulatory investigators have such a power. As with most federal offences, the investigator would be the one to lay the charge, and the director of public prosecutions would be the one to prosecute. Giving the commissioner the power to lay charges would reduce the likelihood that delays might detract from the effective enforcement of the Canada Elections Act. Such delays present risks that witnesses may not be available or that their memories may fade.

The bill before us also provides the commissioner with the power to compel witnesses to provide testimony. Most Canada Elections Act offences are effectively enforced without recourse to a power to compel testimony. However, there are exceptional cases, such as allegations of electoral fraud, where the commissioner may need to secure a court order to compel witness testimony because some electoral offences are extraordinary in nature and enforcement is time-sensitive. Safeguards such as protection against self-incrimination, a statutory recognition of the right to counsel, and a requirement for an examination to be conducted in private would help ensure compliance with the charter.

The Canada Elections Act, as it stands, provides almost exclusively criminal sanctions for contraventions of the act. This approach is costly, time-consuming, and procedurally onerous. As a result, violations of Canada's electoral law are often not being dealt with in an efficient and timely manner.

For example, the act stipulates that the official agent of an electoral district association must file information within 30 days following the election. Filing such a return just a few days after its due date is an offence under the act, despite the fact that neither the amount of harm caused, nor the degree of wrongdoing in such circumstances would be likely to make a criminal prosecution worthwhile. As a result, such minor contraventions of the act may not be acted upon, or there may be a delayed response to them.

Administrative monetary penalties, or AMPs, would give the commissioner the option to enforce the act through penalties that would more suitably match the infraction. The AMP could be increased if the offence is repeated or is of a continuing nature. The bill would also allow the commissioner to enter into compliance agreements with entities such as political parties or municipalities instead of with persons only, as is currently the case. It would also broaden the terms and conditions that may be negotiated, thus lending further flexibility and effectiveness to the commissioner's use of this important compliance tool. I would point out that a number of these changes have been called for by the current commissioner himself, as well as by the Chief Electoral Officer.

I have been dealing with the proposed changes to the authorities assigned to the Commissioner of Canada Elections, but let me turn briefly to some of the measures in the bill that would affect Elections Canada.

In his report on the 42nd general election, the Chief Electoral Officer proposed changes to political finances that would streamline reporting and harmonize rules among the various political entities. Further, this bill would deliver on the Minister of Democratic Institutions' mandate commitment to review the spending limits on political parties and third parties. Our government is proposing a new regime to bring transparency and fairness to spending, not just during the electoral period but also in the run-up to the election.

Bill C-76 would deliver on our government's commitment to protect, strengthen, and improve our democratic institutions. It would deliver on important election commitments made by our government. Bill C-76 would also go further in providing Elections Canada and the Commissioner of Canada Elections with new powers and tools to better enforce our rules.

Modernizing our elections should be a priority for all members and I hope they support this legislation. I know it is an important issue for so many people in our communities and that it is so important that we maintain the integrity of the way our elections are held.

I am very pleased to have had this opportunity to speak in support of Bill C-76 and in favour of modernizing our Elections Act. This is an important step for all of us and I know that members will be in favour of it, because it is important to many of us that we maintain a system of integrity, create opportunity for people to vote, and bring down some of the barriers put in place and hindrances created by the previous government. We need to encourage people to get out to vote. Rather than trying to suppress voting, we need to make sure that people have these opportunities and use them. I have been very pleased to speak in favour of this bill.

[Alupa Clarke, Conservative, Beauport—Limoilou, QC]

Mr. Speaker, I thank the member for her speech, but I think she is mistaken and has some philosophical conflicts. She talked about the integrity of the voting system, but the main goal of this bill is to permit voting by people who have no identification, but only the identification cards given by Elections Canada. The main goal of this bill is not the integrity of the action of voting, or which government is chosen by the people. The goal is to permit people to vote without government identification. This in itself bears with it the great danger of disrupting the integrity of the voting system.

How can the member address the House and talk about the integrity of the voting system when one of the major changes this bill would bring to that system would be very dangerous to its integrity?

[Julie Dabrusin, Liberal, Toronto—Danforth, ON]

Mr. Speaker, when I was speaking about maintaining the integrity of our system and encouraging people to vote, I was talking about how this bill actually reaches out to people to make sure they will feel safe within the electoral system. For example, there is a provision for electors in danger. The act would be clarified to specify that electors who have a reasonable apprehension of bodily harm may use an alternative address for both their place of ordinary residence and mailing address so they can feel safe when they go to vote and do not avoid voting because they feel they are in danger. I am talking about making sure that we have advance polls that are open for a number of days so that people do not have to miss work or run into difficulties of that sort. I am talking about making sure that our elections are held in a restricted period of time. There is much that can be done and much that would be done by this act to improve the integrity—

[The Deputy Speaker, Conservative, Bruce Stanton]

The hon. member for Cowichan—Malahat—Langford.

[Alistair MacGregor, NDP, Cowichan—Malahat—Langford, BC]

Mr. Speaker, I want to ask the member for Toronto—Danforth about some of the opportunities this bill has missed. I am thinking specifically of a move toward a per-vote subsidy, because if we look at the tax dollars already expended during our elections, people get generous tax credits for the donations they make to political parties. I know that registered political parties are also reimbursed for 60% of their eligible expenses. Therefore, taxpayer dollars are already funding political parties to a fairly large extent. However, if I look at the constituent base in my own riding, and indeed across Canada, there are many people who cannot afford to make massive donations. Maybe this could be an opportunity to give recognition to their voices on an equal footing to those who can afford to donate $1,500 per year to a political party.

[Julie Dabrusin, Liberal, Toronto—Danforth, ON]

Mr. Speaker, it would be mistaken to believe that the only way people can have their voices heard within the political and electoral system is through financing. We need to emphasize all of the ways that people can get involved in the political process, and to ensure that their voices are heard. When we keep focusing on dollar amounts, we are misreading the situation and not allowing people to understand all of the opportunities they have and should take advantage of to make sure they are heard by their candidates and the people running in elections. They do have those opportunities.

[Celina Caesar-Chavannes, Liberal, Parliamentary Secretary to the Minister of International Development]

Mr. Speaker, we have heard that diversity is our strength. I honestly believe that strength comes when we choose to be inclusive. I am proud of this piece of legislation for a number of reasons. The first is that it will delete references to the sex of individuals who choose to not disclose it. It will engage young people, like members of the Whitby Federal Youth Council and many students in the high schools across Whitby, to become involved in the voting process. Also, there is vouching, increased access for those with disabilities, and increased civic engagement.

We know that 80% of this bill is based on recommendations by the Chief Electoral Officer. I look forward to its passing this House, because it does involve inclusivity in our most basic and fundamental forms of our democracy.