Bill C-19 (Historical)

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

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.

Resuming Debate on the Canada Elections Act

[Rachael Thomas, Conservative, Lethbridge, AB]

Madam Speaker, I fail to see the relevance.

[Claude DeBellefeuille, Bloc, Salaberry—Suroît, QC]

Madam Speaker, my question is for my Conservative colleague.

We just started debating Bill C-19, and the government has allocated just three hours and 38 minutes for debate. We can only assume that the government's poor management of its legislative agenda is at fault here.

What does my colleague think is the true reason we are debating time allocation on Bill C-19 today, with the connivance of the NDP?

[Rachael Thomas, Conservative, Lethbridge, AB]

Madam Speaker, I am sorry, but I do not know that I fully understand the member's question.

[Peter Kent, Conservative, Thornhill, ON]

Madam Speaker, it is a pleasure to finally have the opportunity to rise to speak to Bill C-19, if in the shadow of time allocation. I will get to aspects of the bill that I consider worthy and a number of provisions that I believe should be amended in committee, in a moment, but first I will address a number of the underlying issues that have affected the way this bill was mismanaged in its creation, as so many other pieces of legislation have been similarly in this Parliament.

The crux of the problem is not the COVID pandemic. The crux of the problem is the arrogance of the current government to approach virtually every practice and procedure as though it won a majority in 2019. The Liberals refuse to recognize the range of realities, most importantly the pragmatic humility a minority government must practise to govern effectively. The current Liberal government, as in the last Parliament, has ignored committee studies, reports and recommendations in the creation of legislation dealing with critically important issues, such as privacy, foreign affairs, the digital charter, regulating the Internet, medical assistance in dying, and now Bill C-19, an amendment to the Canada Elections Act, provisionally, for a possible general election in this pandemic, a pandemic that will last much longer because of the government's inability to properly procure vaccines and to accept Conservative advice when the pandemic first struck and at every stage since.

The Liberals, with selfish impatience, introduced Bill C-19 last December, not waiting for the completion of a long and thorough study on essential amendments to the Canada Elections Act to protect public health and democracy during a possible pandemic election. An interim report by the committee was, at the time, within days of being presented to the government. That report was pre-empted by Bill C-19, ignoring the suggestions of the exhaustive study and disrespecting not only opposition members on the committee and the many expert witnesses who testified during the study, but the Liberal chair and Liberal committee members, who had worked collegially with the opposition to develop comprehensive recommendations for such an important study.

The Liberals clearly intended then to rush the legislation through Parliament, as they have done with so many other flawed pieces of legislation from the beginning of the pandemic, but in this case the rush was not to help Canadians still in the grips of the pandemic, and it was not to prepare a plan for economic recovery to get Canadians back to work; it was in the political self-interest of preparing for the snap election they were thinking they might get away with. In doing so, they not only disregarded the work of parliamentarians, but wasted the valuable time of health officials and elections experts who appeared during the thorough procedure and House affairs committee study.

In doing so, they ignored the reality that an overwhelming majority of Canadians did not want then, and do not want now, a general election in a deepening pandemic crisis. If the Liberals had any doubts, that was surely driven home in the subsequent cycle of spiking infections and death across the country and the provincial elections conducted under pandemic conditions, most notably the profoundly disrupted Newfoundland and Labrador election.

The interim report of the committee contained extensive, reasoned advice based on the testimony of expert witnesses that would have improved Bill C-19 before it was tabled, but the final report of our committee, submitted to the government in February of this year, provided even more important advice. Most important, the committee advised the government and recommended unanimously, every Liberal member on the committee as well, that the federal government commit to not calling a federal election during the pandemic, unless defeated on a vote of confidence.

Further, Conservative members of the committee wrote a supplementary report, which reiterated the recommendation against holding a pandemic election and elaborated, noting that Bill C-19 was uninformed by the extensive content of the committee report and stating very clearly that the government has a moral obligation to refrain from triggering an election or orchestrating its own downfall, as the Prime Minister has already tried to do a number of times.

Because of the government's inability to manage its own legislative agenda, the bill before us has had precious few hours of debate.

A key element of Bill C-19 involves the change of the usual designation of an election day to be an election period of Saturday, Sunday and Monday, rather than just Monday, to provide more time for voting, social distancing and the precautions necessary to provide safe voting places. The bill also provides for the extension of voting hours of polls, if necessary to midnight, on any polling day, but not to exceed 28 hours for the three-day election period.

The bill also changes the maximum writ period to 53 days because of the many challenges anticipated for in-person voting or involving mail-in ballots. With regard to mail-in ballots, the bill allows electronic applications to be made with proper security protocols, of course, for mail-in ballots. They are very detailed provisions, which I believe would secure the safety of those ballots. There are also provisions for the safe casting of votes in institutions, in facilities where seniors and persons with disabilities reside.

I will support all of those provisions in the bill, on the condition that they expire automatically, completely and absolutely six months after the pandemic period is considered to have ended.

However, there are a number of elements in this legislation that I strongly oppose and believe should be amended. I believe they must be amended at committee, our procedure and House affairs committee, which was so ignored and so disrespected by the original tabling of this legislation in December.

First and foremost, there is a provision for counting mail-in ballots after the end of the official three-day election period. Given the new powers granted the Chief Electoral Officer for early mail-in ballots and extended poll hours, there is absolutely no reason, no excuse, for any ballots received after polls close on election day to be counted. Election day must be decision day.

As well, while I accept the extension of pandemic powers to the Chief Electoral Officer, I oppose the provision that would expand his determination of “satisfactory proof of the elector's identity and residence”. Pandemic protocols should not enable greater voter fraud than already exists in non-pandemic elections.

In conclusion, I want to remind all members of this House of the unanimous recommendation of the procedure and House affairs committee, each and every Liberal member included, that the federal government must commit to not calling a federal election during this continuing pandemic, unless it is defeated on a vote of confidence.

[Mark Gerretsen, Liberal, Kingston and the Islands, ON]

Madam Speaker, I do not think it would matter if this had been tabled three years ago. The reality is that the Conservatives do not even appear to have read the bill. The member for Lethbridge was just talking about wishing that there would be a sunset clause in this, which is mentioned in the preamble, and then again later in clause 11 of the bill. The member for Elgin—Middlesex—London, who is a member of the PROC committee, did not even know that there was a sunset clause in this bill, and this bill falls under the committee that she sits on. I do not think this narrative of “We haven't had enough time” is warranted. We have had the bill for six months and clearly they have not even read it.

This member is also a member of the PROC committee, which I have a ton of respect for. I thank him for mentioning the fact that there is a sunset clause in the bill, acknowledging that and, to his credit, advocating so vehemently to make sure that this sunset clause is honoured.

[Peter Kent, Conservative, Thornhill, ON]

Madam Speaker, I thank the hon. member for his somewhat disingenuous questions. I would like to address the matter of timing.

The bill was rushed to introduction in December, again, pre-empting the interim report of the PROC committee. This committee has been filibustered by the Liberal minority on the committee for more than two months, because the Liberals do not want to recognize the will of all the opposition parties to call a relevant witness to appear for one meeting. For the last month, the Liberals have filibustered their own amendment.

I am wondering if the rush now, as the bill is eventually forwarded to the PROC committee, is to allow—

[The Assistant Deputy Speaker (Mrs. Alexandra Mendès), Alexandra Mendes]

Questions and comments, the hon. member for Berthier—Maskinongé.

[Yves Perron, Bloc, Berthier—Maskinongé, QC]

Madam Speaker, on top of all the partisan speeches, the government members are showing disrespect towards the opposition members by repeatedly asking whether they have read the bill. It would be nice if they stopped doing that. Members have a duty to do their jobs well, and they have read the bill. I would appreciate some real answers on the actual substance.

My colleague raised some very interesting points in his speech. He—

[Some hon. members]

Oh, oh!

[Yves Perron, Bloc, Berthier—Maskinongé, QC]

Madam Speaker, ironically enough, the people I am talking about right now are not listening.

My colleague raised some very interesting points in his speech. He spoke about voter identification and the lengthy writ period for seniors' homes. We are all very concerned about safety.

I would like to hear my colleague's thoughts on this.

[Peter Kent, Conservative, Thornhill, ON]

Madam Speaker, the provision for a particularly lengthy writ period is tremendously important both for the safe conduct of polling residents in long-term care and seniors residences, but also to prepare Elections Canada officials and the polling stations for those Canadians who choose to vote in place. I attended and observed the two by-elections last year, and it is very complicated and difficult, and safety must prevail.

It will also take that period of time to distribute the mail-in ballots and to get them—

[The Assistant Deputy Speaker (Mrs. Alexandra Mendès), Alexandra Mendes]

Time for one last question, the hon. member for Lanark—Frontenac—Kingston.

[Scott Reid, Conservative, Lanark—Frontenac—Kingston, ON]

Madam Speaker, the member for Kingston and the Islands has said, somewhat disingenuously, that there is a sunset clause in the bill, in section 11.

What section 11(2) actually says is that when the Chief Electoral Officer consults with the Chief Public Health Officer, currently Dr. Tam, and the Chief Electoral Officer as a result “Is of the opinion that the temporary rules in Part 22 of the Canada Elections Act are no longer required to ensure the safe administration of an election in the context of the coronavirus disease 2019 (COVID-19) pandemic.” At that point, six months after that, the bill expires. That is not a sunset clause. In my opinion, that is a way of transferring the responsibility for going back to a series of bureaucrats.

Does the hon. member agree with me?

[Peter Kent, Conservative, Thornhill, ON]

Madam Speaker, I agree with my hon. colleague.

[Julie Dzerowicz, Liberal, Davenport, ON]

Madam Speaker, I will be sharing my time with the hon. member for Saint-Laurent.

It is an absolute honour for me to rise today on behalf of my residents of the riding of Davenport to speak in favour of Bill C-19, an act to amend the Canada Elections Act, COVID-19 response. It would provide a temporary new part to the Canada Elections Act that would ensure the safe administration of an election should one happen during the COVID-19 pandemic. It would also provide for the repeal of this temporary new part, the six months, as was just mentioned, as determined by the Chief Electoral Officer once it is indicated the measures are no longer necessary in the context of the COVID-19 pandemic. The notice would be issued only following consultation with the Chief Public Health Officer.

As my colleagues know, in a minority Parliament, an election could actually happen at any time. We have seen elections at the provincial level take place during the COVID pandemic. We have also seen elections take place in other countries, including the United States. We have seen the major challenges that these types of elections bring.

In the United States we saw that huge numbers of voters chose to send in a mail-in ballot, which made counting ballots slower in a number of states.

In British Columbia and in Newfoundland and Labrador, we saw historic numbers of voters going to advance polls or using mail-in ballots. We also saw, in these provinces, historic low voter turnout. It was probably because many people decided it was much safer to stay at home and were not quite sure about whether it was safe enough to go out and vote. We could expect if we were to hold a federal election in Canada, especially without passing Bill C-19, voters would face many of the similar challenges we have seen across our country over the last year and a bit since the advent of the COVID-19 pandemic. Some Canadians would probably choose not to vote rather than go to a public place to cast their ballot.

During this devastating third wave, the last thing our government wants is an election. I, for one, always say that the only election date I want to talk about is the one in October 2023, which is four years after the last one. I know many would see an election during a COVID pandemic as a public health risk and would limit Canadians' access to their democratic right to cast a vote. As such, in my opinion, it is really important for us to advance this bill swiftly so that in the unlikely event of an election, we can improve the conditions and opportunities for Canadians to safely vote as well as protect our democratic process.

Why have we introduced the legislation? Elections Canada realized there could be an election during this pandemic, as we did as the national government, and after much consultation has proposed some temporary rules in the unlikely event an election should occur.

Elections Canada has been following the provincial elections in our country and the various different elections that have taken place around the world. It has monitored contingency planning that has been developed both by international and various electoral management bodies. It has engaged with Canadian public officials, heard about best practices from various bodies and learned from recent elections held during COVID. Elections Canada has also established an internal working group to determine how it can be as prepared as possible for an election held during COVID-19.

Out of this work, on October 5, the Chief Electoral Officer suggested the study and adoption of a new temporary law.

Some of the key changes the Chief Electoral Officer proposed was making Saturday and Sunday voting days, increasing voting hours from 12 hours on one day to 16 hours over two days; granting authorization for the Chief Electoral Officer to determine how and when voting could occur in long-term care facilities and other similar settings; and adding more flexibility to adapt the act to emergency situations to make it easier to respond to the pandemic. Bill C-19 builds on these recommendations and adds other special measures to ensure Canadians can vote safely.

What are some of the additional measures we have proposed in the bill?

First, we would give the Chief Electoral Officer more flexibility to adapt the act to ensure the safety of election officers and voters. It would also give the Chief Electoral Officer the power to set days and hours for polling divisions established in long-term care homes.

Our government recognizes that vulnerable populations like seniors have very specific needs in this pandemic. We also know we need to protect their right to participate in the Canadian democracy and ensure Elections Canada has a way to safely collect votes from them. This bill would provide a 13-day window to safely deliver the vote to long-term care facilities and similar institutions. This period would give election staff enough time to engage with those facilities and to determine a safe time for them to deliver the vote.

Bill C-19 would also extend voting hours, giving Canadians more opportunity to vote in a safe way that works for them. It would create a three-day polling period which, to me, is awesome. People could vote Saturday, Sunday or Monday. It would help spread the voters out, reducing crowds in voting places, and would give people who might not be able to vote on the weekend, maybe because of a religious observance on Saturday or Sunday, the option to vote on Monday. It would also add more advanced polling days, four days of 12 hours each, for voting since we would anticipate more Canadians to vote early in a pandemic election.

Bill C-19 would grant the Chief Electoral Officer the authority to respond to emergency situations like local unexpected outbreaks of COVID-19. It would allow the Chief Electoral Officer to modify the day on which certain things would be authorized or required to be done before the polling period. The Chief Electoral Officer would also be able to move a deadline a day backward or a day forward by up to two days, or the Chief Electoral Officer could also move the starting date or the ending date of a period in which certain things would be authorized or required to be done by up to two days.

Finally, the bill would make mail-in voting even more accessible. If Canadians did go to the polls in the pandemic, we anticipate that many more would want to vote by mail. Of course, we know that this would be a whole new way of voting in Canada, other than in the provinces that have already seen such elections. We know this is an option that many Canadians would want to see.

With Bill C-19 passed, Canadians will also be able to apply online to register to vote by mail and cast a ballot from the comfort and safety of their home. It will also allow for secure drop boxes at polling stations so that those who do not have time to send their ballots through the mail can instead drop them off. It makes voting more accessible by allowing voters to register to vote by mail using an ID number, like a driver's licence number, rather than a full copy of their identification. Finally, it gives voters the flexibility to choose to vote in person instead if they have already registered to vote by mail. If they do, they would have to return their mail-in kit or sign a declaration at the in-person voting location that they have not yet voted.

There is a clear need for the bill as indicated by the Chief Electoral Officer, but it is important to note that there are some limitations of the bill. The primary one is the need for a preparation period for Elections Canada. This means that Parliament needs to move swiftly to get the bill to committee. I have heard a number of amendments and recommendations that my colleagues would like to propose, and they should be genuinely considered. Then it still needs to come back to the House for a third reading. Elections Canada then needs 90 days to implement the bill after royal assent. The longer we wait, the greater the risk of a possible election during a pandemic with no safety measures for Canadians.

I want to reiterate that the special legislative measures that are being proposed would cease to be in effect six months, or at an earlier date determined by the CEO, after a notice is given by the Chief Electoral Officer that indicates the measures are no longer necessary in the context of the COVID-19 pandemic. This notice would only be issued following the consultation with the Chief Public Health Officer.

With such a limited scope, I see no reason for disagreement or delay on the bill. All parties should be able to unite to quickly get these common-sense protections for voters into place.

I am thankful for the opportunity to speak to the importance of Bill C-19 and why it should be passed quickly.