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

[Blake Richards, Conservative, Banff—Airdrie, AB]

Mr. Speaker, I am not sure exactly what the member is trying to get at, because I did not see that there were any issues in the last election with anyone being able to exercise that right. In fact, as I have said many times in this debate in this House today, there was certainly no indication that it was in fact a problem in the previous election.

While we are on the topic of things that were said during debate on the Fair Elections Act in the previous Parliament, I will note that the Liberal member for the riding of Bonavista–Gander–Grand Falls–Windsor made the following comment:

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, a tradition we should respect.... 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.

I certainly hope the current government will live up to those words, which many of its members said in the past, and not break one more election promise, as we have seen with a multitude of election promises the Liberals have already broken.

[Earl Dreeshen, Conservative, Red Deer—Mountain View, AB]

Mr. Speaker, I was struck by what the hon. member said, that only Canadians should be able to determine Canadian elections. We started to talk about foreign money coming in to affect the hearts and minds of individuals. We saw what happened with northern gateway. We saw what happened with energy east. We have seen all these different actors that are actually putting wedges between Canadian provinces and between Canadians. A lot of those types of things have taken place. I remember in the last election when they had Vote Compass. I still have constituents in therapy because they found out that they were Liberals after having gone through that little exercise.

Could the member speak to the significance of making sure that foreign money stays out of Canada so that we are able to take our products to market and do not have to worry about other companies and countries trying to shut them down so that they can have the advantages while we are disadvantaged?

[Blake Richards, Conservative, Banff—Airdrie, AB]

Mr. Speaker, the question gives me an opportunity to explore something I did not have a chance to explore in as much detail as I would have liked in my speech.

Certainly the changes being made here, on one hand, would make it more restrictive for political parties, in the period leading up to an election, to spend the money freely donated by Canadians. On the other hand, they would allow more foreign money that comes in through third-party advocacy groups to be spent during that period of time than previously. In fact, it would be more than double what could be spent prior to this bill coming forward. That money could flow freely, in an unlimited fashion, from foreign actors.

The bill would limit political parties in being able to freely spend what they want while also, during that time, allowing government advertising and ministerial travel to continue, which everyone can see would potentially give an advantage to the governing Liberal Party, because its fundraising numbers have been so dismal. At the same time, it would allow foreign funds to flow in freely through third-party groups. As the member mentioned, we have seen in the past that foreign influences have come in to try to end opportunities for our oil and gas sector in my province of Alberta. That has many people very concerned that foreigners would have the ability to influence our policies and our elections in such a way as to harm jobs and opportunities in this country.

[Doug Eyolfson, Liberal, Charleswood—St. James—Assiniboia—Headingley, MB]

Mr. Speaker, I will be splitting my time with the hon. member for Halifax.

It is my honour to speak in favour of Bill C-76, the Elections Modernization Act. There are many important facets of the bill, but today I will focus on how this legislation would address barriers that prevent some Canadians from participating in the democratic process.

There are four groups of people that regularly encounter difficulties at the ballot box: persons with disabilities, those who have difficulty producing identification, electors living abroad for more than five years, and women and men who serve in the Canadian Armed Forces.

Let me begin with electors who have disabilities, both physical and cognitive. Elections Canada has made efforts to help electors with mobility issues by introducing provisions to provide what has been referred to as level access. An example is providing ramps for wheelchairs at polling stations.

The bill would expand upon the options for persons with disabilities who, for reasons of their disabilities, would be better served by casting their votes in locations other than their originally assigned polling stations. Currently, to acquire a transfer certificate, an elector needs to apply in person to the returning officer or the deputy returning officer. Under the provisions of this bill, the Chief Electoral Officer would be given greater discretion as to how to provide that certificate, with an eye to making it easier for persons with disabilities to vote.

Another provision of this bill would expand the ability of electors with disabilities to be visited by an election officer to vote at home. This option would be available where the polling station was not accessible to the elector.

Another kind of barrier is encountered when electors come to the polls and find that they do not have the appropriate ID to provide their name and address. Following the 2015 election, Statistics Canada found that an estimated 172,000 electors who did not vote stated a lack of ID as the reason.

The bill before us would restore the authorization of the voter information card as identification at the polls and the practice of vouching by another eligible elector for the identity and residence of someone without the necessary ID.

Research has shown that when authorized, voter information cards have been beneficial to groups that have traditionally voted in lower percentages than the national average. These groups include students and indigenous electors. The research also demonstrates that seniors in residences and long-term care facilities use voter information cards as ID 73% of the time. These cards are readily identifiable, easy to use, and with appropriate safeguards, a secure way to establish a right to vote. Indeed, during a federal election, these cards are perhaps the most accurate piece of government-issued identification.

The Chief Electoral Officer has long recommended allowing these cards to be used. The bill before us would allow the Chief Electoral Officer to add the voter information card as an approved form of ID, at his or her discretion. To ensure the continued integrity of the process, an elector would still be required to show an additional piece of identification confirming identity, alongside the voter information card, as was the case prior to the adoption of the so-called Fair Elections Act.

The bill before us would also restore the practice of vouching as a method to make voting more accessible. Under the provisions of this bill, an eligible voter would be able to establish both the identity and the residence of an otherwise eligible voter who did not have ID. In other words, they could vouch for the voter.

Restoring vouching would make it easier for people without the required ID, such as individuals who are homeless, to vote. However, we would ensure that there were safeguards so that the vouching system was not abused. The person vouching would have to have proper ID and reside in the same polling division as the elector being vouched for. One elector would not be able to vouch for more than one other elector, and an elector who had been vouched for could not then vouch for another elector. This would prevent the practice of serial vouching, in which people might in effect vouch for each other.

This brings me to the third group currently denied access to Canadian elections: Canadians who have lived abroad for more than five consecutive years. Under the bill before us, electors who have lived more than five consecutive years outside of Canada would be entitled to vote. The electors would also no longer need to have a stated intention to return to Canada.

The current system provides non-resident voters with a wide choice among the electoral districts where their ballots could be counted. The bill before us would stipulate that non-resident electors would be required to vote in the electoral district corresponding to their last place of ordinary residence in Canada.

Finally, let me turn to the Canadian Armed Forces electors, whose voting rights are defined in division 2 of part 11 of the Canada Elections Act. These provisions were initially implemented to help armed forces personnel participate in the election process. Over the years, other parts of the act have been amended to reflect changing realities, but division 2 of part 11 has not. This facet is important to me because in Charleswood—St. James—Assiniboia—Headingley is a Canadian Forces base, 17 Wing Winnipeg, and other important military institutions that play a crucial role in the community.

It is our responsibility as members to protect the rights of our brave women and men who protect us on a daily basis. Elections Canada has been working with the Canadian Armed Forces to determine the best way to facilitate voting by Canadian Armed Forces electors. The bill before us would provide Canadian Armed Forces electors with options for voting similar to those enjoyed by other Canadians. The statement of “ordinary residence” would be eliminated and Canadian Forces electors would be able to update their information like any other elector. This would enable them to cast their votes in the electoral district to which they have the strongest connection.

Since we now have fixed election dates, the Minister of National Defence would be able to designate election liaison officers to help facilitate the military polls before the writ is dropped. It is hoped that the percentage of Canadian Forces electors who cast a vote will increase in the next election as a result of these measures.

Each of the provisions I discussed will not only make it easier for Canadians to participate in elections but will also strengthen our democratic institutions and our democracy as a whole. I hope hon. members from all parties will support this bill and I look forward to a thoughtful and fruitful debate on this important matter.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, there has been a great deal of debate today on the voter ID card or information card that Elections Canada has provided. It is important to note that this card was utilized back in the 2011 election, and it was the Harper government that said it did not want it used. At the time, there was a great deal of concern that it would have a negative impact on voter turnout. Earlier today, the Standing Committee on Procedure and House Affairs heard representatives of Elections Canada talk about 150,000 Canadians who had difficulty voting and an estimated 50,000 who walked away.

I have more of a comment than a question for my colleague. I look at the voter ID card as yet another piece of identification that can assist Canadians in voting and I would highlight that what is good about this particular piece of ID is that it is something that Elections Canada provides to voters, which voters often keep as a reminder to vote and where. Their addresses are on the cards. If it worked in 2011, why would it not work in 2019? The former prime minister should never have gotten rid of it.

I am interested in the member's thoughts on that.

[Doug Eyolfson, Liberal, Charleswood—St. James—Assiniboia—Headingley, MB]

Mr. Speaker, the hon. member is correct. As I referred to in my speech, 172,000 people in the 2011 election, according to Statistics Canada, cited lack of identification as the reason they did not vote. We are not suggesting the voter identification card is the only piece of identification that voters present. However, there are people, particularly a number of first nations people, who do not have any form of ID and need to rely on the voter identification card and vouching. These people, without these changes, would be denied the right to vote. We have evidence from the last election that thousands of Canadians had that right taken away from them.

[Blake Richards, Conservative, Banff—Airdrie, AB]

Mr. Speaker, I wonder if the member could assure me of one thing. On this piece of legislation, the government, after one hour of debate, gave notice of time allocation. I can point to a whole list of quotes from members on that side, when they were in opposition, indicating how concerned they would be about time allocation or closure being used on a piece of legislation of this nature. They even included it in their election platform.

I wonder if the member would confirm that he would stick to that campaign commitment made by his party, and if the government were to move time allocation, whether he would vote against that measure.

[Doug Eyolfson, Liberal, Charleswood—St. James—Assiniboia—Headingley, MB]

Mr. Speaker, I can assure the House that despite time allocation, this vote will be having all of the scrutiny at committee and by Parliament that it deserves. I will take no lessons from the party that invoked time allocation on this motion twice.

I would also like to clarify one of my answers. I said that 172,000 people did not vote in the 2011 election. I will correct that statement: it was in the 2015 election under the previous government's act that these people could not vote owing to lack of ID.

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

Mr. Speaker, I have asked this question before, but I am conducting a survey of Liberal members of Parliament today. My colleague's government knew well in advance that Elections Canada needed a certain amount of time to have these changes in place in time for the 2019 election. It was identified as the month of April 2018, yet this bill was introduced on April 30 for first reading. It still has to travel through the House of Commons. It still has to go through the Senate before it receives royal assent.

My question to the hon. member is this: Why did his government take so long to bring this bill before the House? I mean, here we are, two and a half years in. They knew well in advance that these changes needed to be implemented with enough time for Elections Canada to actually get them implemented in time for the 2019 election.

[Doug Eyolfson, Liberal, Charleswood—St. James—Assiniboia—Headingley, MB]

Mr. Speaker, whether we waited until a given time or not is not really relevant. We will be passing this measure in time to apply it for the next election.

[Andy Fillmore, Liberal, Parliamentary Secretary to the Minister of Democratic Institutions]

Mr. Speaker, I am pleased to rise today to participate in the debate on this important bill, Bill C-76, the Elections Modernization Act.

This legislation is about ensuring that we break the barriers Canadians have been facing in their efforts to participate in our democracy. It is a significant piece of legislation. It will make our electoral process more secure and transparent by regulating advertising during pre-election and election periods, prohibiting foreign entities from spending any money to influence Canadian elections, and requiring political parties to provide an easy-to-read privacy policy.

Although there are many parts to this bill, today, I want to talk about how this legislation will make it easier to vote and ensure that all Canadians are able to participate in our democratic process.

Although there are many parts to this bill, today I want to talk about how this proposed legislation would make it easier for eligible Canadians to vote and how the bill would ensure that all Canadians are able to participate in our democratic process.

Whether a Canadian is living abroad, has a disability, is in the Armed Forces, lives in a care facility, is at university, has no fixed address, or is working an inflexible schedule to provide for their family, no one should face barriers to vote. Voting is a right, and as the federal government, it is our responsibility to make voting accessible to all Canadians. I firmly believe that the strength of our democracy depends on the participation of as many Canadians as possible, and that is why first and foremost this proposed legislation would undo many of the restrictive voting laws put in place by the previous government.

The previous government also put in place legislation to amend the Canada Elections Act, but its legislation was not drafted with Canadians and their needs in mind. It made it harder for Canadians to vote. Among other things, the so-called Fair Elections Act eliminated the use of vouching and the use of voter identification cards as a form of ID. This was a form of voter suppression. It was the gerrymandering of not a polling district's boundaries but rather the gerrymandering of the very act of voting itself.

A 2016 Statistics Canada survey found that approximately 170,000 Canadians did not participate in the last election because of the Conservatives' decision to make voting less accessible. The Harper government was determined to wring political gain from every measure and was determined to bring a fierce partisanship to something that ought to not have been partisan.

Official opposition members will tell us that it is not that hard for Canadians to obtain proper ID. They will make false comparisons between voting and boarding an airplane or buying a six-pack of beer. In fact, how curious to hear from the member for Banff—Airdrie raise this old canard this afternoon mere hours after he and I both heard the acting Chief Electoral Officer say at the procedure and House affairs committee that voter ID cards need to be used in conjunction with another piece of ID in proving the elector's identity. The names must match on the identification and the VIC. The level of integrity in that process is very high. We used it in 2011 and there were no concerns of fraudulent use.

Therefore, let us retire this old fiction, shall we?

According to Elections Canada, 68.3% of eligible voters cast their ballot in 2015, which is up 7%, or over 2.5 million, from 2011. This was not because the Conservatives' Fair Elections Act removed barriers to voting but rather because Canadians stood up against the barriers created by the Conservatives. We have listened to Canadians, and we have been delivering and will continue to deliver real change for the middle class and for all Canadians.

For Nova Scotians, getting a piece of government-issued ID is not always affordable. The cost of a driver's licence is nearly $90. The cost of a passport is over $100. Reinstating both vouching and the voter ID card will help not just Nova Scotians at the polls but all Canadians who cannot afford these pieces of identification to vote.

Bill C-76 would repeal many elements of the previous government's legislation and ensure that all Canadians have the ability to participate in a democratic process. We believe that voter participation actually strengthens our democratic system—unlike the Conservatives, who continue to produce barriers and continue to breed cynicism around our democratic processes.

My constituents in Halifax have shared with me their concerns about how difficult it can be to vote. Long lines at the polls, unexpected life events, work or personal responsibilities, confusion around where to vote, and lacking proper ID are all reasons to stay home on election day. Canadians in my riding work hard, and I suspect my colleagues in all corners of this House would say the same about their constituents. No one should be prevented from voting because they are working hard to provide for their family, caring for a loved one, are away from home for work or school, or have other responsibilities on election day.

We can make voting more convenient.

The elections modernization bill will make voting more convenient for all Canadians. We will streamline the intake procedures during regular and advance polls to reduce wait times, and increase the hours of advance polls to 12-hour days.

Currently, there are barriers in place that have made it more difficult for some Canadians to take part in the democratic process. This includes persons with disabilities, members of the Canadian Armed Forces, and Canadians living abroad. We want to make it easier for all Canadians to engage with our democracy.

This legislation would increase support and assistance for Canadians with disabilities by expanding accommodation measures to include all Canadians with disabilities, not just those with physical disabilities, and this includes expanding the option of at-home voting.

Let us talk about Canadian Armed Forces members, who make tremendous sacrifices protecting and defending our democracy. Our government will make it easier for soldiers, sailors, and air personnel to participate in our democracy. We will do this by allowing them the flexibility to vote at regular polls where they reside in Canada, to vote abroad, to vote in advance polls, or to vote in special military polls, as they currently do. This is a big issue for voters in my riding, Halifax, many of whom serve in the Royal Canadian Navy. I hope that my colleagues who represent ridings with Canadian Armed Forces personnel will be in support of the bill.

I imagine there is not a single member of the House who does not represent some constituents living abroad. Whether they are there for work, for school, or to support their families, Canadians living abroad should still have the option to continue to participate in our democracy and have their say on issues that are important to them. Currently, non-resident Canadians may vote only within five years of leaving Canada and must demonstrate an intention to return to Canada.

Through Bill C-76, our government will restore voting rights to more than one million Canadians living abroad.

In the past, Elections Canada has engaged in a range of educational activities with Canadians as part of its core mandate of administering elections. Unbelievably, in 2014, the Harper Conservatives limited the Chief Electoral Officer's education mandate, removing the CEO's ability to offer education programs to new Canadians and historically disenfranchised groups.

Our government believes the Chief Electoral Officer should be able to communicate with all Canadians about how to access their democratic rights. Our government believes the participation of as many Canadians as possible is essential to having a strong democracy.

That is why Bill C-76 would restore the Chief Electoral Officer's mandate to undertake broad public education campaigns about elections. This is not about partisanship. This is about ensuring that all Canadians know where, when, and how to vote. We want Canadians to be ready for election day.

Through the bill, we would empower Canadians to vote and, more broadly, to participate in our democracy. I am proud to be part of a government that is committed to strengthening Canada's democratic institutions. We want to restore Canadians' trust in our democracy and, if passed, Bill C-76 will do just that.

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Mr. Speaker, I am sure that, with all the tax increases and jimmying with our democracy, yes, Canadians will be ready for the next election.

One of the first things I was told in the political training I did as a Conservative was that, generally speaking, Conservatives do better in elections where there is higher turnout. I tested these numbers. In the last 25 years, in elections Conservatives have won, the turnout has been, on average, 67%. In elections Liberals have won, it has been 65%. The same differential holds whether we look at the last 40 years or the last 60 years. In other words, consistently, Conservatives are more likely to win elections when more people turn out. We want to see more people participate in the vote, not only because it is good for our democracy, but also because it is good for us politically.

If we have a fair system, as we do now, with legitimate ID requirements, such as a library card, a status card, and many different options, which allows people to vote and ensures that voting is fair, why is the member intent on introducing a system where an ID can be used that does not actually ID at all but is just an information card?

[Andy Fillmore, Liberal, Halifax, NS]

Mr. Speaker, when we talk about the need for greater participation in our democracy, we are not just talking about Conservative voters; we are talking about all Canadians. That is who needs to vote in our elections. I am sure that the member would have an interest in reducing the number of non-Conservative voters.

Getting to the point of the member's question, we are reintroducing the voter information card, which the Chief Electoral Officer has said must be used in conjunction with another piece of ID. These, together, when the names match, are the only way to cast a vote. This has a high level of integrity. It was used in 2011 without any incidents of fraud being reported. We have high confidence moving forward that this is a way to enfranchise more and more Canadian voters to take part in our fantastic democracy, which we enjoy and love so much.

[The Speaker, Liberal, Geoff Regan]

Following question period, there will be three minutes and 20 seconds remaining in questions and comments following the speech of the hon. Parliamentary Secretary to the Minister of Democratic Institutions.

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