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

[Karina Gould, Liberal, Minister of Democratic Institutions]

moved the second reading of, and concurrence in, the amendment by the Senate to Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments.

That the amendment made by the Senate to Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments, be now read a second time and concurred in.

Mr. Speaker, I am extremely proud to stand in the House once again, and probably for the last time in this specific place, to talk about Bill C-76, the elections modernization act. This is an important piece of legislation that would ensure that Canadians continue to take part in our democratic process.

To begin, I would like to take this opportunity to say thanks to all those who have been part of the legislative process thus far. First, I thank the members of the House for the enriching debate that led to some amendments in committee that are making this legislation even stronger. I would also like to thank senators, in particular the sponsor of the bill in the Senate. I particularly appreciate the flexibility they have demonstrated in considering the bill, despite challenging timelines. I would like to thank the members of the legal and constitutional affairs committee for their observations, which shall guide the government in future efforts to amend the Canada Elections Act.

I would also like to thank the Chief Electoral Officer and the Commissioner of Canada Elections for supporting parliamentarians through every step of the legislative process. The exemplary dedication shown by their respective teams is fundamental for holding free and fair elections. I want to thank them.

Bill C-76 has now been returned to us with one amendment. This amendment is required because of a drafting error in one of the amendments supported by the House of Commons Standing Committee on Procedure and House Affairs. We will recall that PROC proposed a new blanket prohibition on the use of foreign funding by third parties for their partisan advertising and activities at any time, including outside the pre-election and election period.

The most effective way to achieve this was to consolidate the relevant provisions into one new division in the Canada Elections Act. In doing so, the concept of election advertising was inadvertently dropped off. “Election advertising” is defined as partisan advertising and advertising on an issue associated with a party or a candidate. This amendment corrects this error and ensures that during the writ period, election advertising, not only partisan advertising, is also captured within the scope of the prohibition on the use of foreign funding.

The amendment proposed by the Senate is essentially a technical one, but it really is important for protecting Canadians from foreign interference in our electoral process. This amendment gives me a chance to remind the members of the House that making the electoral system more secure is one of the key objectives of Bill C-76. The bill contains some important measures for protecting Canada's electoral system from foreign interference, an issue that concerns parliamentarians of all political stripes. It also contains measures aimed at ensuring that anyone who contravenes the Canada Elections Act cannot escape punishment, including more enforcement tools for the commissioner.

Bill C-76 goes further than that. In addition to making our electoral system more secure, it aims to make it more accessible and transparent. It modernizes our electoral law to bring it into the 21st century. Our government maintains that the more Canadians participate in elections, the stronger our democratic institutions will be. This is, quite simply, about the health of our democracy. This is why Bill C-76 contains a series of measures that will reduce many of the barriers Canadians may face when casting a ballot or participating in the broader democratic process.

This includes important changes to ensure that the need to prove identity does not create administrative barriers to Canadians exercising their right to vote, such as reinstating the use of vouching and allowing the use of voter information cards to confirm an elector's place of residence. Statistics Canada estimated that over 170,000 Canadians were unable to cast their ballot in 2015 because of the previous government's decision to make voting less accessible. Voting is a right and it is the responsibility of the government to make voting accessible to as many Canadians as possible. We take that responsibility seriously.

These measures will empower Canadians who previously could not vote to cast their ballot on election day. We are also taking important steps to ensure that our democratic process is accessible, not for some Canadians but all Canadians.

Bill C-76 contains measures to better support electors with disabilities by ensuring that adaptation measures are available, irrespective of the nature of their disability. For example, the option of at-home voting will be available for persons with all types of disabilities. This legislation will also encourage political parties and candidates to accommodate electors with disabilities by creating a financial incentive through reimbursement of expenses related to the accommodating measures.

Bill C-76 will also facilitate the vote for Canadians Armed Forces electors. It will expand the franchise to many Canadians living abroad, and it reinstates a broader public education mandate for the Chief Electoral Officer of Elections Canada.

With this legislation, we are ensuring that every Canadian who has the right to vote will be able to cast their ballot.

The legislative framework governing elections is supposed to put candidates and political parties on a level playing field. This is only possible when we have transparency rules in place. Bill C-76 also makes some noteworthy advances in that regard.

For example, it creates a pre-writ period and establishes spending limits for political parties and third parties during that period. In addition, third parties that are especially active will be required to file interim expenses returns with Elections Canada in the lead-up to election day.

Online platforms will also be required to maintain a registry of partisan and election advertising messages published on the platform during the pre-writ and writ periods.

These requirements will give Canadians access to more information about who is trying to influence their votes.

I would also mention that Bill C-76 takes key steps in modernizing voter services. For instance, it will give the Chief Electoral Officer more flexibility to manage the workflow in polling stations. Over time, these changes should reduce wait times on polling day. Recognizing that Canadian electors have busy lives, Bill C-76 also extends the hours of advance polling days by making them 12-hour days.

This legislation will also limit fixed election date elections to a maximum of 50 days and it will implement a pre-election period to ensure there is transparency around third party spending. There will also be spending limits for election advertising and partisan activity by third parties.

During the pre-writ period, a maximum of $1 million for advertising and activities can be spent and no more than $10,000 per electoral district. During the writ period, a maximum of $500,000 may be spent and no more than $4,000 per electoral district. These limits are set for 2019 and are adjusted for inflation.

I firmly believe that Bill C-76 is good for democracy and good for Canada. It is about strengthening the integrity and increasing the fairness of our elections and protecting them. This bill implements over 85% of the recommendations made by the former Chief Electoral Officer following the 2015 general election.

Canadians need to have a process they can trust and our election laws need to be as robust as possible. As the Minister of Democratic Institutions, I am committed to maintaining and strengthening the trust of Canadians in our democracy.

Bill C-76 will ensure that our democratic institutions are modem, transparent and accessible to all Canadians. As section 3 of the charter reads:

Every citizen of Canada has the right to vote in an election of the members of the House of Commons or of a legislative assembly and to be qualified for membership therein.

Canadians have the right to cast their ballot and our government is ensuring that they do not face barriers when it comes to exercising their right to vote.

I am incredibly proud of this legislation. There is no right more fundamental than citizens being able to cast their ballots and exercise their right to vote. This legislation is about Canadians, and Canadians can trust that it was drafted and introduced with them in mind.

[Erin O'Toole, Conservative, Durham, ON]

Mr. Speaker, I would agree with the minister that all Canadians hold our elections and our democratic traditions in this parliamentary democracy as very important. The right to vote and the promotion of voting are very important, as is this debate in the House. This will likely be the last bill we debate in this historic, original chamber of the House of Commons.

On this bill that is about fair elections and our democratic process and debate, will the Minister of Democratic Institutions undertake not to use time allocation or closure of debate on our fundamental principles of democracy, which are our elections, our Elections Act and Bill C-76? Before we close this chamber, will our Minister of Democratic Institutions renounce the use of time allocation or closure on this bill concerning our democracy?

[Karina Gould, Liberal, Burlington, ON]

Mr. Speaker, I would like to reiterate that there is symbolic importance to our debating elections legislation in this place, which brings all of us here as elected representatives. It is fitting to think about democracy in this place and that when this legislation, hopefully, passes this place and receives royal assent, the next group of members of Parliament will be elected into the House of Commons, not this chamber in particular but the one in the West Block. Integral to this legislation is the fact that it would ensure that every single Canadian would have the ability to cast their ballot in 2019. That is what all of us want to happen. As my hon. colleague mentioned, promoting the right to vote, the ability to vote, and education about voting are what all of us stand for in this place. That is what Bill C-76 would do.

[Nathan Cullen, NDP, Skeena—Bulkley Valley, BC]

Mr. Speaker, we just watched a curious exchange. There was a specific question by a Conservative member about the use of closure on this bill, put to the democratic institutions minister about a tactic that, in all fairness, the Conservatives used with regard to a voting bill in the last Parliament. At that time, the Liberals said it was terrible that the Conservatives were using closure on something as important as a democratic voting bill, a procedure the Liberals are now using and cannot even admit they are doing, in answer to straightforward question. Again, ironically, it is being done with a bill concerning our democracy. Canadians look upon this and scratch their heads and wonder.

This bill comes 750 days after the Liberals first introduced Bill C-33. It is 226 days after Elections Canada gave its own deadline. As the minister knows, many of the things in this bill with merit would not be applied to the 2019 election because it took the Liberals so long to introduce the bill.

I would like to ask the minister about one very specific thing that is not in this bill. One change that New Democrats proposed was to suggest that the reimbursement parties get back from Elections Canada, effectively the voters and taxpayers, for elections expenses should be tied to the effort each party makes to present an equal mandate—in other words, that it be tied to their attempts to get toward fifty-fifty. The Prime Minister made great boasts about 50% of his cabinet being women, and we said that we should extend that to the whole House. As the minister knows, three-quarters of the House remain men. That is essentially the same composition under the Harper government. Therefore, if we are going to change this, New Democrats say that we should follow the money, as is often said in finance and business and politics. Therefore, we proposed what we did.

By the way, when this one proposal was applied in Ireland, it increased the number of women and under-represented groups in the next election by 90%, and the number of women and under-represented groups in the Irish parliament by 40%. We proposed making this change, and the Liberals voted against it.

To my friend across the way and her allegedly feminist Prime Minister, when we propose ideas that would help get more women elected to the House of Commons, why do Liberals vote against those ideas that have been proven to work in democracies around the world?

[Karina Gould, Liberal, Burlington, ON]

Mr. Speaker, the member knows how passionate I am about getting more women elected to this place and about ensuring that we have greater representation of women in Canadian politics at all levels, whether here at the federal level or in provincial or municipal politics.

There are a number of measures in this legislation that would help ensure that women can run for office. We know that many of the barriers women face in terms of getting involved in politics are specifically around nominations. One of the things I am very proud of in the legislation, and it is something that has not been talked about enough, is the proposal to move the reimbursement for child care or other care expenses for family members out of the maximum candidates are allowed to spend and into a separate bucket. What happens now is that if I have to pay child care expenses as a candidate, I have to take that out of the maximum spend I have, and I am at a financial disadvantage compared to a colleague who does not have those care expenses. Under Bill C-76, those care expenses would be reimbursed up to 90%. These are important, tangible measures that would make a real difference.

Of course, we welcome conversation and debate on this issue, and I think it is a lively one we should continue to have. I look forward to the recommendations from the CEO following 2019.

As I have said many times in this place, it is incumbent upon all of us to reach out to women and to under-represented groups to ensure that they see themselves represented in this place and have the courage and the confidence to put their names forward. As all of us in this place know, it requires a lot of courage to put one's name on a ballot, in public, to stand for something. Let us all do that important outreach.

[Sukh Dhaliwal, Liberal, Surrey—Newton, BC]

Mr. Speaker, I would like to congratulate the minister for bringing Bill C-76 forward. It is a wonderful opportunity for many more Canadians to join when it comes to voting. As the minister and also the member for Durham mentioned, this might be the last time we will be debating the bill and that I will be standing here. I want to thank the constituents of Surrey—Newton for giving me the privilege of sitting in this beautiful and historic House for the third time.

The minister has said that she made many changes to make voting places accessible. What changes in particular did she make to make it easier for people to go to a special ballot and cast their votes? Because it is an ongoing process, are there any further changes she is thinking of bringing in that would help increase participation in our voting system when it comes to elections?

[Karina Gould, Liberal, Burlington, ON]

Mr. Speaker, it is important to note that in Bill C-76 , one of the amendments to the Canada Elections Act would provide the ability to ensure that vouching could occur at advance polls and at regular polls. This is something we heard from Canadians across the country, particularly the most vulnerable Canadians, who may not have the standard pieces of identification that many Canadians have but that not all Canadians have.

When the CEO of Elections Canada was at PROC and at the Senate committee, he talked about vulnerable Canadians and who they may be. With regard to vouching, but more importantly, with regard to the voter information card as a piece used to establish residency, he said that it is often older women who make use of these cards. They may not have a driver's licence or bills that come in the mail in their names. They are often in the husband's name. To be able to use the voter information card in conjunction with another identifying piece that establishes identity means that they can cast a ballot. That is something that is really quite important.

I look forward to the CEO's recommendations following the 2019 election, as I am sure all members in this place do. There will be a review of how this piece of legislation was rolled out and how it enabled Canadians to vote. Of course, if there are further suggestions, our government or the next government will take those under advisement.

What this legislation aims to do is enable Canadians to cast their ballots, regardless of their circumstances in life.

[Jean-Yves Duclos, Liberal, Québec, QC]

Mr. Speaker, I rise on a point of order. I would like to table the government's responses to Questions Nos. 2025 to 2029.

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

I will just point out on this point of order that the minister has just raised, Mr. Speaker, that if the government really wanted to table these things, perhaps it should not have pushed to end routine proceedings and should have given people an opportunity to table petitions and do other things.

I just want to point out that procedurally, the government forced a vote that eliminated this opportunity, and now the minister is standing up on a point of order to try to do exactly what they all, including the member, voted to eliminate.

[The Assistant Deputy Speaker, Anthony Rota]

That is more of a debate point.

Is the hon. member for Hochelaga rising on a point of order as well?

[Marjolaine Boutin-Sweet, NDP, Hochelaga, QC]

Mr. Speaker, I was about to say the same thing.

I totally agree. One cannot have one's cake and eat it too, but that is what the government is trying to do today. I do not think that is fair. It should not have moved on to government orders if it wanted to table that kind of thing.

[Stephanie Kusie, Conservative, Calgary Midnapore, AB]

Mr. Speaker, I am pleased to speak to Bill C-76. I have talked about this bill a few times already, and I hope this will be the last. If I have to speak to this bill, this is what I will say.

If the bill were truly about democracy, it has failed. If the bill were truly about the Prime Minister rigging the election for the benefit of the Liberal government, then mission accomplished. With that, I will go on to explain how, in our view, as the official opposition, Bill C-76 would fail, in so many ways, to achieve the democratic purposes the government claims it would.

First are the spending limits during the pre-writ period. Historically, of course, these were very different from what was first proposed in Bill C-76. The bill proposed specific limits in regard to not only third parties but also registered parties. In the original format of the bill, it would only take four third parties to outspend a registered party. Through the graciousness of my colleagues, as well as through negotiations, we were able to get this up to $2 million, which we on this side do not necessarily believe is fair. However, it is certainly an improvement over what it was previously, which was $1.5 million. Essentially, by setting these limits, the bill would be gagging Canadians by not giving them different parties with opportunities to present themselves to Canadians with the information required for them to make informed decisions. That is what the government has tried to do with the elections modernization act.

In addition to rigging the election for the Liberals, the bill would attempt to undo everything that was done within the Fair Elections Act, which some members refer to as the unfair elections act, which is so very funny. There are many other things, in addition to these spending limits, that attempt to achieve democracy but would not.

Second is the attempt to curtail foreign interference. As I have stated in previous speeches, the measures that would be put in place under the bill would essentially be a slap on the wrist. In fact, it is well known that we offered 200 amendments in an attempt to serve the Canadian public and democracy, but fewer than a handful were accepted. Some were in regard to the attempt to keep foreign interference out of Canadian elections. In fact, we are not seeing that this would happen as a result of Bill C-76. Not only would it just give a slap on the wrist, it would not legislate the mechanics that would be necessary to ensure that foreign interference did not take place.

It is interesting that when the issue of foreign interference was on the other side of the House, there was not a lot said about it after the last election. However, the tide has turned. All of a sudden, we are seeing the effectiveness of these third party groups. These things now become very interesting.

The third reason that Bill C-76 would fail to protect the Canadian public is with regard to foreign influence. This is very alarming on our side of the House. We are very aware of the interventions that we saw, not only in the United States in their most recent election, but also with Brexit.

I will not go into the suggested protocol to be applied during the election, which we also believe should be extended perhaps to the pre-writ period, and extended indefinitely. We are not convinced that it is a protocol that will serve Canadians.

Putting the protocol aside for a moment, foreign influence was absolutely ignored in this bill, and it is very concerning for us on this side of the House.

The greatest concerns for us include the use of voter cards as proof of residency. We are very committed to ensuring the legitimacy of the electorate. That is a Conservative value that we will not forgo. We feel very confident that the use of voter cards does not ensure that.

In addition, in terms of preserving the legitimacy of the electorate, we are very concerned about the non-residency requirements that were withdrawn.

The vouch to return to Canada and the five-year leave requirements were withdrawn. As a result, we are very concerned about the government's safeguard for the legitimacy of the electorate, which is the most important thing of all.

Ensuring that we have safe and fair elections for Canadians is the obligation of the government. We take our role in pointing this out to the government, as the official opposition, very seriously.

This is coming back here. This bill went to the Senate and our Conservative colleagues in the Senate, who are truly Conservative, who do not wear the veil of independent senators, proposed four amendments to the bill on Monday. We are very proud of our Conservative senators. All four amendments were unfortunately defeated, unsurprisingly.

Here we are again, bringing back this piece of legislation that fails Canadians, fails democracy and fails the Canadian electorate. This really is not a big surprise, considering that the government is also putting forward the debate commission to not only rig the election in its favour, but to rig the leadership debate process in its favour as well.

We certainly cannot overlook the Liberal government's attempt to buy the media for close to $600 million.

We simply cannot overlook all of these things.

It is with much regret that we come to have the final debate on this bill. We think it is a travesty for democracy in Canada. Frankly, it is no different than what has been par for the course with the Liberal government. Between the pre-writ spending, the true lack of commitment to foreign influence, the use of voter cards and the taking away of the non-residency rules, it is really not surprising for us that this piece of legislation would be pushed through prior to the upcoming election in 2019, and that democracy would not be served.

As I said, if this bill was truly about democracy, it fails. If this was about the Prime Minister rigging the election for his Liberal government, then it is mission accomplished.

With that, I move:

That the motion be amended by deleting all the words after the word “That” and substituting the following:

“the order for the consideration of the amendments made by the Senate to Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments, be discharged and the Bill withdrawn”.

[The Assistant Deputy Speaker, Anthony Rota]

The motion is in order.

Questions and comments.

[Scott Simms, Liberal, Coast of Bays—Central—Notre Dame, NL]

Mr. Speaker, in normal speak, we would probably call this a hoist amendment. On this side of the House, we call the hoist amendment part of the 2015 election. One of the reasons why we hoisted the Conservatives was the fact that the Fair Elections Act of 2014 was such an egregious mess. In many cases, it was really an insult to section 3 of the charter, the right of all Canadians above the age of 18 to vote.

One of the issues the member spoke of was with respect to the voter information card. How we draw logic that allowing people to use their voter identification card as a piece of ID is a regressive measure in democracy defies all logic.

I remember when a certain Conservative member from Mississauga said that he saw an actual abuse of the voter information card, only to find out he made it up. It was all make-believe. It was like this once upon a time a voter information card was abused. The whole thing was an absolute shambles from when it started until the very end.

If the Conservatives want to brag about the 2014 Fair Elections Act, or the unfair elections act, depending on what side of the House one is on, and if this bill does not go far enough to cut down on foreign intervention or interference in our elections, why did they not do something about in 2014?

[Stephanie Kusie, Conservative, Calgary Midnapore, AB]

Mr. Speaker, we did do a lot for democracy in the Fair Elections Act. In addition to the voter information cards, we also had the non-residency requirements in regard to both the vouching to return to Canada as well as the amount of time spent outside of Canada.

The idea that Bill C-76 does more to protect the integrity of the electorate, which is the key issue here, is absolutely preposterous. It is ridiculous. There is no comparison. We attempted, through close to 200 amendments, to make these inserts that would do a better job of providing legitimacy to the electorate.

In my opinion, with respect to this specific issue, the Fair Elections Act was a far superior piece of legislation when it came to this objective. I would suggest that my colleague perhaps review the Fair Elections Act and in particular the parts related to legitimacy of the electorate.