An Act to amend the Canada Elections Act (COVID-19 response)

This bill was last introduced in the 43rd Parliament, 2nd Session, which ended in August 2021.

Sponsor

Dominic LeBlanc  Liberal

Status

Report stage (House), as of June 21, 2021
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment adds a new Part to the Canada Elections Act that provides for temporary rules to ensure the safe administration of an election in the context of the coronavirus disease 2019 (COVID-19) pandemic. The new Part, among other things,
(a) extends the Chief Electoral Officer’s power to adapt the provisions of that Act to ensure the health or safety of electors or election officers;
(b) authorizes a returning officer to constitute polling divisions that consist of a single institution where seniors or persons with a disability reside, or a part of such an institution, and to set the days and hours that a polling station established there will be open;
(c) provides for a polling period of three consecutive days consisting of a Saturday, Sunday and Monday;
(d) provides for the hours of voting during the polling period;
(e) provides for the opening and closing measures at polling stations;
(f) sets the days for voting at advance polling stations;
(g) authorizes the Chief Electoral Officer to modify the day on which certain things are authorized or required to be done before the polling period by moving that day backward or forward by up to two days or the starting date or ending date of a period in which certain things are authorized or required to be done by up to two days;
(h) provides that an elector may submit an application for registration and special ballot under Division 4 of Part 11 in writing or in electronic form;
(i) provides that an elector whose application for registration and special ballot was accepted by the returning officer in their electoral district may deposit the outer envelope containing their special ballot in a secure reception box or ballot box for the deposit of outer envelopes; and
(j) prohibits installing a secure reception box for the deposit of outer envelopes unless by or under the authority of the Chief Electoral Officer or a returning officer and prohibits destroying, taking, opening or otherwise interfering with a secure reception box installed by a returning officer.
The enactment also provides for the repeal of the new Part six months after the publication of a notice confirming that the temporary rules in that Part are no longer required to ensure the safe administration of an election in the context of the COVID-19 pandemic.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

May 11, 2021 Passed 2nd reading of Bill C-19, An Act to amend the Canada Elections Act (COVID-19 response)
May 10, 2021 Passed Time allocation for Bill C-19, An Act to amend the Canada Elections Act (COVID-19 response)

Canada Elections ActGovernment Orders

March 8th, 2021 / 12:15 p.m.
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Beauséjour New Brunswick

Liberal

Dominic LeBlanc LiberalPresident of the Queen’s Privy Council for Canada and Minister of Intergovernmental Affairs

moved that Bill C-19, An Act to amend the Canada Elections Act (COVID-19 response), be read the second time and referred to a committee.

Madam Speaker, I am pleased to begin the debate at second reading of Bill C-19, an act to amend the Canada Elections Act, COVID-19 response.

Across Canada, the ongoing COVID-19 pandemic has forced us to change the way we live and interact to protect the health and safety of our fellow Canadians. Elections have been no exception.

Since the beginning of the pandemic, Canada has experienced two federal by-elections, four provincial general elections and seven local elections. These elections were delivered in a way that aligned with public health guidelines and sought to provide electors, particularly those who are most at risk of infection, with a variety of ways to safely exercise their right to vote.

With lessons learned from other jurisdictions and building on the recommendations of Canada's Chief Electoral Officer, we have an opportunity to take action to ensure that, should an election be required, a federal election held during the current pandemic can be even more safe and more secure. This is why, on December 10, 2020, the government introduced Bill C-19, which, if passed, would temporarily supplement provisions of the Canada Elections Act in support of a safe, secure and accessible election during the pandemic, again, should one be required.

Bill C-19 would reassure voters, election workers and all other participants that the federal electoral process remains safe, secure and accessible, despite the pandemic. To that end, the bill would give voters unprecedented opportunities to vote during the pandemic, whether it be in person or from the comfort and safety of their home.

This bill is based on the October 2020 recommendations of the Chief Electoral Officer regarding holding an election in the context of a pandemic and the work of our colleagues, who carried out a study on the same topic.

Bill C-19 contains four elements that I will explain in greater detail: a three-day polling period, the safe administration of the vote to residents of long-term care facilities, increased adaptation powers for the Chief Electoral Officer, and the strengthening of measures related to mail-in voting.

To ensure that electors who make the choice to go to vote in person are as safe as possible, the legislation proposes spreading the polling period, in other words the voting day, effectively over three days. Instead of one 12-hour voting day, Bill C-19 would establish a three-day polling period, with eight hours of voting on both Saturday and Sunday and the traditional 12 hours of voting on Monday.

Extending the voting period over three days will prevent overcrowding at polls and support electors and poll workers in maintaining physical distancing protocols. Maintaining the Monday would also ensure access to some individuals who may not be able to vote on a Saturday or Sunday. For instance, it recognizes that electors and candidates alike might have religious obligations that inhibit them from voting or campaigning over a weekend.

In addition, maintaining the Monday recognizes that public transit may offer reduced schedules over the weekend and child care options may also be less over the weekend.

With Bill C-19, we are working to reduce barriers for electors with disabilities and electors with young children who may be facing particular challenges during the pandemic.

As the Chief Electoral Officer indicated in his recent report, a pandemic election could complicate efforts to find polling places and recruit election workers. In light of this, a three-day polling period would provide Elections Canada with more opportunities to identify polling places. As the Chief Electoral Officer has stated, Elections Canada may also seek out non-traditional polling places such as arenas or hotels.

In advance of every general election, Elections Canada recruits more than 230,000 Canadians to work at polls across the country. However, as the Chief Electoral Officer highlighted in his recommendations report, recruiting that many election workers during an ongoing pandemic could possibly provide some challenge.

During the 2019 general election, close to half of those workers were 60 years of age or older. Given that this age cohort is at an elevated risk if they contract COVID-19, these people may be less inclined to work the polls during a pandemic election.

Importantly, at least one legislative change made through the 2018 Elections Modernization Act may help mitigate potential recruitment issues. As colleagues will remember, that bill allowed Elections Canada to hire 16 and 17 year olds as election workers, opening up an entirely new contingent that may be open to working at the polls.

Finally, a variety of other in-person voting opportunities will be maintained under these proposed changes. This includes four days of advance polling, with 12 hours offered on all four days as well. To account for the three-day polling period, advance polls would then be shifted to the Thursday through Sunday in advance of the first day of the polling period.

As we all know too well, long-term care facilities have borne the brunt of COVID-19. Many deaths associated with the pandemic have been linked to long-term care facilities and many facilities, sadly, continue to endure outbreaks. In an effort to curb infections, many facilities limited access to outside visitors. This has been hard on families and friends because they have been unable to visit a loved one in person. Lockdowns at these facilities and differing public health orders in effect across the country make it necessary for us to ensure these residents can still cast a ballot should an election be held during a pandemic.

Accordingly, Bill C-19 takes a number of steps that would ensure these electors could safely exercise their right to vote.

First, the legislation proposes a 13-day period prior to the beginning of the three-day polling period that would better facilitate the administration of votes in these facilities. Rather than administer the vote in these facilities exclusively on election day, which is now how residents would have been able to vote in past federal elections, the legislation proposes establishing a lengthier period which the vote could be delivered, for example, by mobile polls. As COVID-19 conditions vary across provinces and territories and from region to region, this period would enable Elections Canada to better plan according to the unique context of each long-term care facility.

Bill C-19 would also allow returning officers to establish a polling division composed of a single long-term care facility or of a particular part of a long-term care facility. This amendment recognizes the existence of dedicated quarantine zones in some long-term care facilities and ensures a positive COVID-19 test will not impede a resident of these facilities from being able to vote.

Taken together, these amendments aim to ensure that senior citizens and those living with disabilities in long-term care facilities, citizens who are among the most vulnerable populations in this pandemic, have safe and reliable opportunities to exercise their right to vote.

At present, subsection 17(1) of the Canada Elections Act authorizes the Chief Electoral Officer to adapt provisions of that act, “if an emergency, an unusual or unforeseen circumstance or an error makes it necessary...for the sole purpose of enabling electors to exercise their right to vote or enabling the counting of votes”.

In the last election, this is one of the powers the Chief Electoral Officer exercised in order to allow workers temporarily residing outside their electoral districts to vote.

However, the ongoing uncertainty generated by the current pandemic justifies broadening the grounds for adapting this legislation.

Under Bill C-19, therefore, the Chief Electoral Officer would have the power to adapt the provisions of the act to ensure the health or safety of electors or election officers.

This amendment is particularly important to protect not only voters but also the election workers and volunteers who dedicate themselves to the democratic process. As I said earlier, Canadian election workers are older on average. If older individuals decide to work once again during a general election—and of course we hope they will—we must do our best to ensure that they can do this important work safely.

Over the last year and during the pandemic, jurisdictions in Canada and abroad that held elections witnessed a significant increase in the use of mail-in ballots: for example, British Columbia and its October 2020 election, the United States' November 2020 presidential election and, most recently, Newfoundland and Labrador's election. In response, Bill C-19 includes measures designed to improve access to mail-in voting. Mail-in voting, which is safe and secure, has been instrumental in providing opportunities to older electors, electors with disabilities, immunocompromised electors and those who are unable to vote in person because of the pandemic.

While electors in Canada have long been able to vote by mail and Elections Canada has significant experience safely administering the federal vote-by-mail system, Bill C-19 proposes specific amendments in anticipation of a sharp increase in mail-in voting. First, Bill C-19 would allow electors to apply to register to vote by mail online rather than through the mail or in person, as is currently the case. Providing this option would not inhibit registering to vote by mail or in person for those without access to the Internet. By allowing online registration, we are simply giving Canadians one more option to register to vote by mail.

Finally, in an effort to further simplify the registration process, Bill C-19 would provide electors with the ability to use an identification number, such as a driver's licence, to establish their identity and residence when registering to vote by mail. Presently, electors are required to provide a copy of their ID when registering to vote by mail, which may inhibit voting by individuals without access to printers, scanners or photocopiers at home. More precisely, it would allow Elections Canada to use information already in its possession to confirm an elector's identity and residence.

In recognition of potential privacy implications, electors would need to explicitly consent to Elections Canada using this identification number to facilitate their vote-by-mail registration. Some electors may choose to register to vote by mail, but with circumstances changing regularly across the country, they may not be able to return their ballot kits by mail in time. In anticipation of this, Bill C-19 proposes the installation of secure mail reception boxes at every polling station across the country.

Bill C-19 would also allow electors who initially chose to vote by mail to change their minds and vote in person. However, to do so, electors would need to either return the mail-in vote kits they received from Elections Canada when they went to vote in person or sign a declaration that they had not yet voted. Elections Canada has a robust series of measures to deter electoral fraud. Returning the mail-in vote kits or attesting in writing that electors had not yet voted would act as a deterrent to any malicious actors and would support the integrity of the vote. These measures would also help create an appropriate paper trail for auditing and enforcement processes.

It is important to remember that we are not proposing permanent changes to Canada's electoral law. All of the proposed legislative amendments that we have outlined are temporary. They would only apply to an election that is called 90 days after this legislation receives royal assent or earlier if the Chief Electoral Officer has indicated that all the necessary preparations have been completed.

Moreover, these legislative changes would cease to be in effect six months after a general election was administered during the pandemic or earlier, as determined by the Chief Electoral Officer after consultation with Canada's chief public health officer.

With Bill C-19, we are maximizing electors' opportunities to exercise their right to vote. If the bill is passed, electors will get four days of advance polling, three days of regular polling and better access to mail-in voting. Bill C-19 would also give Elections Canada greater legislative flexibility and authority to safely administer an election.

In closing, I invite our colleagues to examine Bill C-19 so it can be studied by a committee and amended if necessary. We want to work with all parliamentarians to ensure that elections will be safe and accessible for all Canadians.

Canada Elections ActGovernment Orders

March 8th, 2021 / 12:35 p.m.
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Conservative

Scott Reid Conservative Lanark—Frontenac—Kingston, ON

Madam Speaker, through you, I want to say how good it is to see the minister looking as robust as he does. It is a real pleasure to have him back in full fighting form. Parliament as a whole, and the government, can certainly use his services as I believe he is the longest-serving parliamentarian in cabinet.

I want to ask a question on the issue of non-traditional voting locations and accessible voting requirements. Long-term care facilities frequently have the best accessibility. In some small villages these are the only accessible locations. The Human Rights Commission has required that certain accessibility criteria be met in order to allow voting to take place.

Would it be possible to have slightly less accessible locations in some cases for voting under this legislation? If so, would the government contemplate allowing such a thing to make sure it is possible for people to vote, especially in smaller locations?

Canada Elections ActGovernment Orders

March 8th, 2021 / 12:35 p.m.
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Liberal

Dominic LeBlanc Liberal Beauséjour, NB

Madam Speaker, my colleague and I have served on a number of committees together as well as in the House of Commons. On a personal level, I very much appreciate his kind remarks and thank him for that.

Our colleague from Lanark—Frontenac—Kingston has a lot of experience regarding Canada's Elections Act. He has been a steady and effective voice on these issues for a long time. I served on the procedure and House affairs committee with him in that context.

Obviously, the government would not seek to reduce accessibility with respect to polling stations, but rather would have faith in Elections Canada by increasing its authority and ability to adapt to an election in a pandemic. We have every confidence it would find the right way for people to vote without limiting accessibility for Canadians living with disabilities.

Canada Elections ActGovernment Orders

March 8th, 2021 / 12:35 p.m.
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Bloc

Julie Vignola Bloc Beauport—Limoilou, QC

Madam Speaker, I agree with regard to mail-in ballots, but I am concerned about people being able to change their minds and go vote in person by simply signing a declaration.

I expect people to be honest. However, some people who mail in their ballots could then vote in person by signing a declaration that they did not use their kit.

I am having trouble seeing how we will be able to prevent this.

Canada Elections ActGovernment Orders

March 8th, 2021 / 12:35 p.m.
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Liberal

Dominic LeBlanc Liberal Beauséjour, NB

Madam Speaker, I thank my colleague, the member for Beauport—Limoilou, for her question.

That is an example of the kind of adaptation we would like to put forward. I am sure we all want to eliminate the possibility of electoral fraud. Nobody in the House wants to enable people to cheat.

We believe that signing a declaration should deter people with dishonest intentions. It will be pretty easy for Elections Canada to find out if that person voted, and anyone doing so would be subject to rather serious quasi-criminal prosecution.

However, if the bill goes to committee and my Bloc Québécois colleagues want to amend or adjust that part of the bill, we will certainly work with them. My colleague from Beauport—Limoilou and I are very much on the same page.

Canada Elections ActGovernment Orders

March 8th, 2021 / 12:35 p.m.
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NDP

Daniel Blaikie NDP Elmwood—Transcona, MB

Madam Speaker, my thanks to the minister for bringing this legislation forward. I think it is an important issue we need to address. I am wondering about his openness to considering amendments at committee. I think there are some important extant issues. Some of these may need to be addressed in legislation, while others may not.

I hope the idea here is to collaborate, so that all parties in the House can agree on the ground rules for a possible pandemic election. If so, there are some things that I wonder if he might consider. In particular, we have seen a lot of online applications for some things throughout the pandemic. We know these are a barrier to many people who do not have the technology or know how to use it.

Is the minister open to having in-person registration for special ballots occur at Canada Post outlets, and maintaining the campus vote program in a pandemic election as well?

Canada Elections ActGovernment Orders

March 8th, 2021 / 12:40 p.m.
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Liberal

Dominic LeBlanc Liberal Beauséjour, NB

Madam Speaker, the member for Elmwood—Transcona has offered very constructive suggestions in the past with respect to the elections act. It is obviously the government's intention to work with all parties and all colleagues in the House to find the appropriate temporary amendments to the Elections Act that would make an election more accessible and safer for Canadians should one be required.

Are we open to amendments and working with other parliamentarians? The answer is obviously yes.

Voting on campus is certainly a priority for us. We think it is important. I know my colleague has spoken publicly about that. We would welcome an opportunity to work with him to ensure that it is reflected in the legislation.

I very much like his suggestion of allowing people to register at post offices to be able to vote in person. It is something that would make it more accessible in small communities, such as mine in my riding. The post office is a site where people could safely do this, and I would welcome that kind of suggestion.

Canada Elections ActGovernment Orders

March 8th, 2021 / 12:40 p.m.
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Liberal

Lloyd Longfield Liberal Guelph, ON

Madam Speaker, the President of the Queen's Privy Council for Canada will remember that in Guelph we had robocalls a few elections back where Conservatives were calling people in my community saying that election locations had changed. They also went on campus to try to take one of the polling boxes from our campus.

Having consistent polling election locations for the pre-votes and the day of the vote would be important, as are the changes made in Bill C-76 to modernize the Canada Elections Act and have the Elections Canada commissioner be able to communicate to Canadians the best way to vote in their communities, the locations of polling stations, and having some means to promote the vote.

Could the president comment, first of all, on how we can maintain consistency of polling locations, if that is possible, and also how Elections Canada can communicate those to our communities?

Canada Elections ActGovernment Orders

March 8th, 2021 / 12:40 p.m.
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Liberal

Dominic LeBlanc Liberal Beauséjour, NB

Madam Speaker, when Frank Valeriote was the member of Parliament for Guelph, I remember that there was some controversy surrounding robocalls and some attempt to suppress the vote in that election.

Obviously I share our colleague's view that having consistency in polling locations increases voter reliability and accessibility.

We would support any enhancements that would allow Elections Canada to properly communicate polling locations to voters. It is precisely why we think it would be helpful if this legislation could be sent to the procedures committee. There, colleagues could offer constructive amendments and suggestions that would improve the bill, while also hearing from electors and Canadians about their experiences to ensure that the legislation reflects the security and safety of elections and that an election would be accessible, should one be required, in the context of a pandemic.

Canada Elections ActGovernment Orders

March 8th, 2021 / 12:40 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, I want to join other friends in saying how very pleased and grateful we all are to see the President of the Queen's Privy Council for Canada back among us so well.

I am pleased to see Bill C-19, but disappointed that there is nothing in the bill that addresses an issue of concern to many of us in politics who have endured lies being spread that have been approved by official agents for other parties. These are things that are completely untrue that would not pass in the marketplace for consumer products, for instance.

My colleague will remember that the Green Party and I have pressed for the notion of truth in advertising legislation, such that there are always going to be opinions that are unpleasant. There are going to be attack ads that are unpleasant. Those are freedom of speech issues but—

Canada Elections ActGovernment Orders

March 8th, 2021 / 12:40 p.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

I did ask for a brief question. There are only 20 seconds left for the minister to respond.

The hon. President of the Queen's Privy Council has time for a brief answer, please.

Canada Elections ActGovernment Orders

March 8th, 2021 / 12:40 p.m.
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Liberal

Dominic LeBlanc Liberal Beauséjour, NB

Madam Speaker, I want to thank my colleague from Saanich—Gulf Islands for her kindness and generosity towards me personally. We have discussed this in the past, and I share her concerns about the increase of disinformation, and about attempts to hack elections and election processes.

The Prime Minister has asked me to work with colleagues in Parliament on the issue of disinformation in the electoral context to ensure, as the member said, freedom of speech. It is obviously an important value in an election context, but there is a point where disinformation and malicious actors can attempt to influence the outcome.

I would welcome an opportunity to work with the member and other colleagues on the appropriate way to address those issues as well.

Canada Elections ActGovernment Orders

March 8th, 2021 / 12:45 p.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

Before we resume debate, I would like to let members know there is a lot of interest for participation during questions and comments. I would ask them to make sure they go directly to their question or comment, or get there as quickly as possible within the minute mark. If members cannot get to their question quickly, I will unfortunately have to cut them off to allow as many members who want to participate to participate.

We will now resume debate. The hon. member for Mission—Matsqui—Fraser Canyon.

Canada Elections ActGovernment Orders

March 8th, 2021 / 12:45 p.m.
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Conservative

Brad Vis Conservative Mission—Matsqui—Fraser Canyon, BC

Madam Speaker, I will begin my comments on this important piece of legislation by sharing some anecdotes from recent federal elections. The names of the two people I am about to talk about are not their real names, but the people they represent are familiar to anyone involved in past elections.

My mind goes first to Sue. She is a loving grandmother who has spent her years tending to her family and household, volunteering for charitable causes in her community and enrolling as a poll worker when general elections were called. Her knowledge of the community and its members is derived from decades of friendship and service.

Her institutional knowledge of the electoral process is the kind that is acquired from working multiple elections at all levels over a lifetime. She is the kind of person that poll workers, scrutineers and volunteers flock to with their questions in search of answers and insight. Without people like Sue, elections in Canada would be a shamble. Her dedication is a credit to our country and is essential to the functioning of our democracy.

Also coming to mind is someone like like Gurpreet. He is a new Canadian, having arrived in his new homeland from abroad about a decade ago. As a poll clerk in his first Canadian election of any kind, he is proud of his role in promoting democracy, standing up for democracy, and ensuring a fair and transparent process of ballot counting and voting.

This is an exciting new experience for Gurpreet, which gives him an inside view of how the Canadian election system works. He has the added benefit of serving as a poll clerk alongside Sue, the seasoned DRO and loving grandmother, whose intimate knowledge of Canadian elections puts him at ease. It allows him to participate and work within the electoral process with comfort, confidence and pride.

Colleagues, these anecdotes are not exceptional. This type of interconnectedness, of community members coming together from disparate backgrounds and various life experiences, such as students, seniors, new Canadians and stay-at-home moms, to serve the rest of us by upholding the integrity in our democratic process is what happens in every federal election in polling places nationwide.

This coming together of the community is important for fostering trust in Canadian elections. The adage that all politics are local is especially salient here. People are more likely to trust their neighbours and friends. That trust is especially important when it comes to counting our ballots and having faith in the outcome of that count.

However, let me be clear: Canadians do not want an election during the COVID-19 pandemic. Despite the actions taken by opportunistic incumbent provincial governments over the last year, 80% of those surveyed are against forcing Canadians to polling stations at this time. Despite this, we are here debating government Bill C-19, an act to amend the Canada Elections Act, COVID-19 response.

Bill C-19 was introduced in December 2020. This was, I might add, before the Standing Committee on Procedure and House Affairs issued its recommendation after studying the matter in depth. Putting aside the misplaced hubris of the Liberal-knows-best approach, there are changes in this proposed legislation that do meet the threshold of common sense, but sadly this does not extend to all of them. There are a number of issues in Bill C-19 that have been overlooked.

If an election is held in a pandemic, the protection of poll workers, voters and our tried and true Canadian democratic process is essential. My first point is that, from the outset, I am especially concerned about the provision, or lack thereof, for voting in long-term care facilities and other institutions home to immune-compromised Canadians. These are the places where we have seen the worst COVID-19 outbreaks in this country.

We do not need the grave mistakes of this past year repeated by increasing the time our vulnerable citizens are exposed to the avoidable risk of external transmission. Everyone must be given the opportunity to vote, and clarifications are needed to ensure that those in long-term care facilities have the ability to vote safely. In these instances, polling stations should be open for the minimum amount of time it take for residents to vote, although at multiple periods of time during the 13-day provision mentioned by the president of the Privy Council.

My second point is the glaring issue of the absence of a built-in sunset clause to remove what must remain temporary changes. Instead, we have the following in the bill:

The enactment also provides for the repeal of the new Part six months after the publication of a notice confirming that the temporary rules in that Part are no longer required to ensure the safe administration of an election in the context of the COVID-19 pandemic.

We have been told to self-isolate for weeks upon weeks by the federal government and other governments in this country. We are not falling for that again. The addition of a sunset clause containing a fixed date that these provisions cease to be enforced is required.

My third point is that we need clarity when it comes to proposed powers for the CEO to withdraw the writs of election. It must be made clear to us now, while we debate this bill, how any decision to withdraw the writs would be made. Ending an election midway through is a decision with major ramifications that cannot be made arbitrarily.

Common sense can foresee that any decision to end the election before voters have had their say would sow chaos, confusion, and distrust that would last for generations. With great power comes the great responsibility to explain its use. If we cannot explain to Canadians why the CEO would pull the plug on an election, perhaps we should do likewise and pull the plug on this clause of the bill.

Another significant area of concern is the mail-in ballot provisions proposed by the legislation. Bill C-19, as it is presently written, states that an elector who requests a special ballot:

...shall ensure that the special ballot is sent before the close of polling stations on the last day of the polling period and is received by the special voting rules administrator in the National Capital Region no later than 6:00 p.?m. on the Tuesday following the last day of the polling period.

This would mean that Elections Canada would count a hypothetical vote received as much as 23 hours after the general election polls had closed.

I have heard of ballots being disbursed and cast prior to a general election having been called. This scenario was central to the case of Mitchell v. Jackman, which made its way to the Supreme Court of Newfoundland and Labrador. The main argument in that case was whether it was constitutional for special ballots to be issued to voters in Newfoundland and Labrador prior to a provincial election. It was decided in 2017 that such a rule was an infringement of voters’ Charter rights under section 3, the democratic rights clause.

On the other hand, I am at a loss when it comes to finding an example of an election in Canada where ballots were accepted after the close of general election polls, notwithstanding the present electoral calamity that has befallen Newfoundlanders and Labradorians, who are mired in an election that should have wrapped up almost a month ago. Counting ballots after polls have closed is one thing. It is very normal, and it happens in every election. Accepting ballots after the general election polls have closed is another thing. It is abnormal because it does not happen.

If this bill passes in its present form, who knows how long the tallying process will take for millions of mail-in ballots received by Ottawa and, under the current bill, counted in Ottawa. Valid ballots accepted for the count should be received prior to the close of voting. That is why we have an election day. Even in British Columbia, whose recent provincial election garnered notoriety for the 13-day lag time between the close of the polls and the counting of mail-in ballots, it was only those votes received by the close of the polls that were counted.

I agree with the provision for the Chief Electoral Officer to increase the number of elections officers. Arguably, this is something that should have been done in previous elections. It is going to take a coordinated, collaborative civic effort to ensure the proper execution of an election during a pandemic. This is especially true when it comes to special ballots. Once the writs are issued, there should be a large and well-advertised window of opportunity for voters to request a special ballot online within the context of this new extended writ period.

To streamline the process from the beginning when applying for special ballots electronically, voters should be required to provide evidence that they are Canadian citizens over the age of 18 and it must be verified that they are indeed living. There are those on the other side of this place who vilify my party for expecting voters to provide identification. I do not understand this. We must strive to provide as many options for voting as possible. We cannot infringe on the sacred right of citizens to vote, but, quite simply, voters do have to be verified citizens. Elections Canada's current ID verification options are many, so I will not belabour that point.

It is a safe assumption that demand for mail-in ballots will be high in the next federal election, likely the highest ever seen. There is a clear precedent in Canada for giving people a window of opportunity, contained within the writ period, to vote by special ballot.

We all want the next federal election to be conducted with the utmost integrity, as we do for every election, but allowing the receipt and counting of ballots after an election day opens our process up to the speculation of electoral fraud and uncertainty. Special ballots should be postmarked one week before the election period commences in order to be counted on election day. Otherwise, if mail is not an option because of time, special ballots should be accepted at returning offices and polling places in a designated drop-box up to the close of polls on election day, as previously discussed.

Moreover, people trust their friends and neighbours. For folks like Sue and Gurpreet, who I mentioned earlier, sending special ballots to riding offices to be counted by local officials will enhance Canadians' trust in election outcomes, especially when we are anticipating that the next federal election will see an astronomical number of votes by mail. We cannot have an extended period of uncertainty between the close of polls and the ballot count during the pandemic and in a minority Parliament situation especially.

Now is not the time to fundamentally change the way we do elections in Canada. During these unsure times, our institutions must perform at the highest standards. Again, as we saw in British Columbia's election, mail-in ballots will comprise a significant portion of the total vote count, as over 30% of all votes cast in B.C. were by special mail-in ballots.

Virtually all votes cast in the Newfoundland and Labrador provincial election that is currently under way will be by special mail-in ballot. On the federal scale, this could mean 10 million ballots in the mail and possibly more. Banking on sending millions of special ballots directly to Ottawa for processing is a recipe for disaster and delay. Mail-in ballots, although they may be sent from anywhere, should be received and counted in the ridings in which they are meant to be cast. If Elections Canada feels it needs more personnel on the ground in constituencies, it can send more staff as needed, or better yet, it can train the local staff to perform these tasks, as it has always done.

It is an honour and a privilege to stand in the House. Having run in two federal elections, I fully grasp the importance of having local returning officers as administrators and arbiters. In my riding, our returning officer has the ability to bring candidates from across the political spectrum together so that everyone is on the same page when it comes to the rules of the electoral game. I think of myself and all of the candidates in my riding in the last election. We felt more assured when our returning officer brought all the candidates together to sit at a table and hash it out so we were all on the same page. That needs to happen and that is a good thing.

I have the utmost confidence in my local returning officer, and I would place a friendly bet that most of my colleagues here feel the same way in their ridings. I trust my local returning officer to oversee the election in my riding. I have faith that they can also oversee the counting of special ballots cast by the voters I represent. If more special ballots are anticipated than ballots from voters on advance or regular polling days, why not have Elections Canada and its returning officer redeploy staff to handle the special ballot count in each riding?

Local elections must remain local. We do not elect Ottawa representatives for our communities. We elect community representatives to fight for our interests in Ottawa.

The importance of Elections Canada workers and scrutineers from the community cannot be overstated. This ensures trust in the local electoral process, and their involvement in it nurtures the Canadian values of inclusion and diversity. I believe local elections and the participation of Canadians within their own communities build confidence in our institution.

Scrutineers have been a fixture of Canadian elections since our earliest days. They cast a watchful eye on the proceedings of election day, the counting of the votes and on the behaviour of other scrutineers. They report this information back to the candidates they represent. Outsourcing the counting of special ballots to Ottawa is wrong and sets a dangerous precedent. For starters, local scrutineers, who are my scrutineers and my opponents' scrutineers, would not be able to observe the counting of special ballots that will impact the outcome of the election in any given riding.

While national leaders secure much of the spotlight, we must remember that in our Westminister parliamentary tradition, we do not elect a prime minister and a deputy prime minister as is done in republics with the president and vice-present. We elect members of Parliament from unique constituencies across the nation. Every member of the House is accountable to the electorate. We have 338 members. This raises the question of how transparent and accountable the vote counting would be in my riding when we are anticipating that a significant chunk of the votes in Mission—Matsqui—Fraser Canyon would be cast by mail and counted by unfamiliar strangers situated several thousand kilometres away in the national capital region.

As my speech comes to a close, I readily acknowledge that the changes to the Canada Elections Act, as proposed by the government, are not meant to be malicious and were made with good intentions. However, we all know where that road leads. The implications of the changes in Bill C-19 are great and wide-reaching. These changes, if adopted, will change the way Canadian voters conduct elections.

If the Liberal government proceeds to make these changes unilaterally, then it will be undermining Canadian democracy. I am assured to hear from the previous speaker that this will not be the case. I do not say these words hyperbolically or inflammatorily. Amending the rules that govern elections in Canada requires buy-in from all parties in the House.

We on this side are open to amendments to the Canada Elections Act to account for the realities of the COVID-19 pandemic. Our system works, but it requires updating from time to time. This is one of those times. I hope the government realizes that and engages all members in a better and more constructive way to get this right. After all, it is from the voters, represented by all members in the House, that the current government and any government derive their consent to govern.

All we have to do is look to our neighbours to realize that Canada's electoral system works best for Canadians. Our system is trusted. As I mentioned in the beginning, it is a system in which folks like Sue and Gurpreet contribute to the integrity of the electoral process and the final results. People trust their friends and neighbours. This is why we need mail-in ballot counting to be done at the local level: in the ridings, at the returning offices in the communities where electors—

Canada Elections ActGovernment Orders

March 8th, 2021 / 1:05 p.m.
See context

NDP

The Assistant Deputy Speaker NDP Carol Hughes

I am sorry to interrupt. There seems to be an issue with interpretation.

The member for Beauport—Limoilou on a point of order.