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 / 1:05 p.m.
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Bloc

Julie Vignola Bloc Beauport—Limoilou, QC

Madam Speaker, the interpretation cut out for a moment there.

Canada Elections ActGovernment Orders

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

The Assistant Deputy Speaker NDP Carol Hughes

It is working now.

Canada Elections ActGovernment Orders

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

Brad Vis Conservative Mission—Matsqui—Fraser Canyon, BC

Madam Speaker, let me just conclude by saying that if all politics are local, then so too should be the counting of ballots, including those received in the mail.

I look forward to a constructive debate on Bill C-19 and to getting this bill right for Canadians, because it is Canadians who ultimately make the decisions we are discussing today and Canadians should feel they have the utmost confidence in our system.

Canada Elections ActGovernment Orders

March 8th, 2021 / 1:05 p.m.
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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the President of the Queen’s Privy Council for Canada and to the Leader of the Government in the House of Commons

Madam Speaker, it is important for us to recognize that Elections Canada, as an institution, is recognized around the world and within Canada as second to no other when it comes to ensuring that people have democratic rights and the ability to vote. That is worth saying.

I have a couple of very quick points. First, ballots would be counted in the riding if sent from the riding. This is a very important point to note. I will also remind my friend that there is a sunset clause to the changes we would be putting in place, which keeps in mind the reason we are bringing in the legislation.

The member makes reference to the withdrawal of writs. This is what my question will address. He has a great deal of concern regarding the withdrawal of a writ and how Elections Canada could do it. Elections Canada will, in fact, be appearing before PROC once the bill goes to committee, and that concern and many others could be accommodated.

When would the member like to see this legislation go to the committee so we can have Elections Canada and others answer the many questions he has?

Canada Elections ActGovernment Orders

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

The Assistant Deputy Speaker NDP Carol Hughes

I remind members to keep their questions to one minute.

The hon. member for Mission—Matsqui—Fraser Canyon.

Canada Elections ActGovernment Orders

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

Brad Vis Conservative Mission—Matsqui—Fraser Canyon, BC

Madam Speaker, first off, I do not get to determine when a bill is brought forward to a committee. I think the member has more power over that decision than I would any day.

Second, it is incumbent for me to mention again, after reading Bill C-19 and giving my first speech, that it would give extensive temporary powers to the Chief Electoral Officer. We need to have very clear and transparent schedules available to everyone in this country so they know why a decision would be made and under what context such a decision would be made.

Canada Elections ActGovernment Orders

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

Julie Vignola Bloc Beauport—Limoilou, QC

Madam Speaker, during the pandemic, there have been some horror stories about CERB and online fraud, with people impersonating other individuals. I am worried that something similar could happen with online voting.

I would like to know what my colleague thinks about that. Does he have ideas for ways to prevent horror stories like those that happened with the CERB?

Canada Elections ActGovernment Orders

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

Brad Vis Conservative Mission—Matsqui—Fraser Canyon, BC

Madam Speaker, one question I was trying to have addressed earlier in this debate was how often voters lists would be updated at various polling stations across any riding. There are a lot of provisions in the bill that need a ton of clarification to ensure there is no fraud and that people are not trying to vote twice.

Elections Canada has the responsibility to always prepare for the worst-case scenario. What we are seeing in Bill C-19 right now is that certain provisions need a lot of clarification in order to provide us assurances that the system will be robust in preventing double voting and electoral fraud.

Canada Elections ActGovernment Orders

March 8th, 2021 / 1:10 p.m.
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NDP

Daniel Blaikie NDP Elmwood—Transcona, MB

Madam Speaker, I took from the member's speech that a major preoccupation of his is where special ballots are counted. As a member of the procedure and House affairs committee, I can offer a reassurance, given the study we have undertaken for some time now. We heard from both Elections Canada and Canada Post that the intention is to have special ballots counted locally within the riding, so I think that is already foreseen. I take from his comments that he has not had a chance to consult members of his party who sit on the committee, but we heard some pretty clear testimony to that effect. I offer that by way of reassurance.

The member also talked a lot about the receipt date of special ballots and the issue of people being able to vote in person even if they applied for a ballot. We know there may be delays in people getting their special ballot. For people who have applied in good faith for a special ballot but, through no fault of their own, do not receive one in time to be able to submit it in a timely way, it seems important to offer the option to vote in person. I wonder what he thinks of that principle.

Canada Elections ActGovernment Orders

March 8th, 2021 / 1:10 p.m.
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Conservative

Brad Vis Conservative Mission—Matsqui—Fraser Canyon, BC

Madam Speaker, that is an excellent question by the member for Elmwood—Transcona. I do not think our positions differ too much on this.

If people apply for a special ballot online and receive that ballot, Bill C-19 would allow them to drop it off in a special ballot box at a polling station. That is a good provision.

From my first reading of Bill C-19 when I was working on my speech, it seemed that all of the special ballots would be counted in Ottawa. I know there is a precedent for that.

I am glad that the member provided me some reassurances from the committee report. However, I want to make sure from this debate that local elections do in fact remain local, because Canadians like having scrutineers of their local elections. They like knowing that their neighbours in the polling station are overseeing the counting of ballots. That is what makes our system strong and what we need to uphold during COVID-19.

Canada Elections ActGovernment Orders

March 8th, 2021 / 1:10 p.m.
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Conservative

Tamara Jansen Conservative Cloverdale—Langley City, BC

Madam Speaker, I wonder if my colleague could talk of the risks we would be taking by having an election during the pandemic.

I know that here in B.C., we saw a huge spike in cases following the election. Could he speak to those kinds of risks we are putting Canadians to by holding an election during a pandemic?

Canada Elections ActGovernment Orders

March 8th, 2021 / 1:10 p.m.
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Conservative

Brad Vis Conservative Mission—Matsqui—Fraser Canyon, BC

Madam Speaker, my biggest fear about holding an election during the pandemic is what would happen in long-term care facilities, or to someone like my 93-year-old Oma, who lives on her own but receives lots of support from nurses and care practitioners. We need to make sure that any changes to the Elections Act, whether temporary or not, account for the outbreaks we have seen in long-term care facilities in my riding and ridings across this country.

I am very concerned about holding an election during a pandemic and seeing a spike in the number of cases afterwards. I do not know if it has been verified or not, but in B.C., two weeks after the provincial election, we had a big spike in the number of COVID cases in our province.

Canada Elections ActGovernment Orders

March 8th, 2021 / 1:10 p.m.
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Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Madam Speaker, I guess we should not be surprised that the Conservatives are trying to sow the seeds of doubt when it comes to mail-in ballots.

The reality is that they did it in committee throughout the entire summer. I was on the committee. I listened to them. The words “fraud” and “mail-in ballots” came up repeatedly from the Conservatives, and also a couple of times from the Bloc Québécois. Equally, I am not surprised to see their doing the same thing.

I can assure the member that we heard from the chief electoral officers from B.C. and from a couple of different provinces on the east coast, and we have heard from experts. I asked the question repeatedly, “Have you ever had any concern about voter fraud with respect to mail-in ballots?” The answer was unanimously “No”. Not a single individual indicated there was a concern with fraud as it relates to mail-in ballots.

Canada Elections ActGovernment Orders

March 8th, 2021 / 1:10 p.m.
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Conservative

Brad Vis Conservative Mission—Matsqui—Fraser Canyon, BC

Madam Speaker, I am not sowing any doubt or deceit about our electoral process.

My whole speech focused on the fact that I trust the institution and I trust Sue and Gurpreet and all of the other Canadians who work in our local elections to make sure that our democracy is upheld.

I think our Elections Act is one of the best acts we have. It provides confidence for Canadians. For new Canadians, it is one of the first times they really feel they are a part of this country, that they are a part of something greater than themselves, that the words “strong and free” come true when they see the people come to vote.

We are so proud of the Canada Elections Act. We are so proud to get it right during this debate. We love our country. We want to give Canadians the best opportunity to vote safely.

Canada Elections ActGovernment Orders

March 8th, 2021 / 1:15 p.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

We have time for a very brief question.