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 26th, 2021 / 10:40 a.m.
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NDP

Jenny Kwan NDP Vancouver East, BC

Madam Speaker, the Liberal members keep saying they do not want to call an election in the middle of a pandemic, and of course the Prime Minister has that right. He can actually not call an election if he does not want to do so.

The truth of the matter is that in the middle of a pandemic, we should not be having an election. Will the member support that no election would be called unless there is a crisis situation, such as a budget not passing, for example, and that only on a confidence vote failing would an election be called?

Canada Elections ActGovernment Orders

March 26th, 2021 / 10:40 a.m.
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Liberal

Darrell Samson Liberal Sackville—Preston—Chezzetcook, NS

Madam Speaker, my colleague knows well that this government, since March 13 of last year, has been fully focused on this pandemic, this crisis at hand. We have focused on individuals, families and the business community. We have focused on Canadians, all Canadians. As she knows, we brought forward the CERB for individual Canadians, the wage subsidy to support not just businesses but also individuals working in those businesses, the business account and the Canada recovery benefit. We have supported various industries that are struggling harder in this pandemic than others.

This has been our focus, and we will continue to support Canadians, as we have done since we formed government.

Canada Elections ActGovernment Orders

March 26th, 2021 / 10:40 a.m.
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Bloc

Christine Normandin Bloc Saint-Jean, QC

Madam Speaker, the existing legislation states that mail-in ballots must be received by voting day, but the proposed amendment indicates that the ballots could be received afterwards. Does the member think that this could create uncertainty in the results? In addition, does this provision show a lack of confidence in Canada Post, in some way a rejection?

Canada Elections ActGovernment Orders

March 26th, 2021 / 10:40 a.m.
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Liberal

Darrell Samson Liberal Sackville—Preston—Chezzetcook, NS

Madam Speaker, I thank my colleague for her question.

We need to set the process up for success. I think that the option to spread the vote over three days could be a solution. We have learned a lot from this pandemic. We have identified the problems and figured out where to make improvements.

Elections Canada estimates that this measure could apply to five million votes, but it is highly likely that all votes will be submitted and counted on election day. At the very least, everyone will have the opportunity to have their say, and that is exactly what our government wants. We want to ensure that Canadians can vote and give them as many opportunities to do so as possible.

Canada Elections ActGovernment Orders

March 26th, 2021 / 10:45 a.m.
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Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Madam Speaker, it is a pleasure to speak to Bill C-19, the election in a pandemic bill.

What I would say at the outset is that Canadians do not want an election in a pandemic. The only people who want an election in a pandemic are the Liberals, because they are putting their partisan interests over the health and safety of Canadians.

The polls reflect what I am saying. The polls on whether Canadians want an election, and when they want that election, show that 47% of Canadians want it in the fall of 2023, as it is scheduled, and 10% would want it in 2022. A full 70% of Liberal supporters want it in 2023.

The Prime Minister needs to listen to Canadians. We have seen the disastrous things that have happened in the country when B.C. and Saskatchewan had their elections. There were huge spikes in COVID thereafter. I know some people believe that is only related to the Thanksgiving weekend, but the timing of the elections was very suspicious as well. We see what happened in Newfoundland and the fact that the COVID situation can change. We have seen that across the country. Regions can have spikes, and all of a sudden, they are in a difficult situation.

It is incumbent upon us as leaders to listen to Canadians, and to put their health and well-being first. First and foremost, I would say we need to do everything we can to not have an election in the middle of a pandemic. It is ridiculous to think that people cannot travel, but we could have a federal election, or that we would have areas on lockdown, but think it is okay to have a federal election. I cannot make the point too strongly that we must not, as leaders in this country, put people in jeopardy.

In terms of the proposed changes, I thought I would speak to those one at a time. The first change I want to talk about is extending the number of voting days to have voting periods on Saturday, Sunday and Monday. The whole purpose of this legislation is to try to protect the people who are working the election and the voters. Every measure we could put in place that would allow more time and more spacing between people would be very helpful.

There was some discussion about whether there would be bus transportation on those weekend days in some areas. However, the fact that the traditional Monday is retained would address that concern.

There were also some concerns expressed about the fact that churches are operating, some on Saturday and some on Sunday, and that this might have an impact on polling locations. I think it would be incumbent on the government to consider changing the time the voting stations would be open on the Saturday and Sunday in order to not eliminate those locations that would have quite a bit of space and would be conducive to COVID protocols and that kind of separation.

The next change would be the granting of additional powers to the Chief Electoral Officer to do a number of things, such as extend vote times up to midnight, increase the number of election officers at a polling station, determine what is satisfactory proof of identity and residence, adjust the timeline of election tasks other than polling days, and do whatever is needed to address health and safety.

I understand that we need some flexibility because the COVID situation is dynamic, but there needs to be some kind of oversight in order to protect a tried and true democratic process. Canadians have confidence in our process, and I think potentially having the oversight of a member representative, for example, one from each party that is represented here in the House, might be a good way to get a balance between giving the electoral officer the ability to be flexible to react to COVID situations and making sure that any changes that are put in place are felt to be fair by all.

In terms of the voting hours being extended to midnight, the only concern I have there is that in some ridings, such as my own, many people working the polling stations are seniors. If they had to be up multiple nights until midnight, that could be taxing on them, especially in this difficult period. That is something to think about.

The changes would go into effect 90 days after royal assent, but the Chief Electoral Officer could accelerate that. In speaking to some of the returning officers across the country, they have already been trained on these changes, even before we have talked about it here in Parliament, which I do not think is acceptable. Certainly a conversation should be held with the Chief Electoral Officer as to how much time they need in order to make sure they would be prepared. That is something the committee could consider when the bill goes back there.

The writ period being slightly longer due to the additional days is not necessarily a bad thing because, with all of the mail-in ballots we expect to see, perhaps an increase from the current 50,000 to five million or even 10 million, we need to make sure there is enough time to get those ballots out to people who request them, and for them to mail them back.

We know with the volumes we see around Christmas that sometimes there are delays with Canada Post, so that is a consideration. I would strongly recommend that we go to the longer electoral writ period. I certainly think that was the testimony of the Chief Electoral Officer and many of the stakeholders that were heard at PROC.

Another change would be that the location of polls could be changed as long as it is published on the chief electoral web page. We need to be very careful with that one to make sure that people do not get confused about where they need to go to vote.

Having reception boxes installed at each of the polling stations to receive mail-in ballots is a very good idea. This is going to make sure that people who have left it too late or are concerned that the ballot may not arrive in time through Canada Post because of the volume, can go to the nearby polling station and deposit those mail-in ballots. This is something that was tried in the B.C. election and was very successful. I really think it is a great idea.

In terms of allowing mail-in ballots to be counted after the election if the Monday is a holiday, I would say that we have a tried and true election process. Canadians have confidence in it. We do not have the same issues they have in other places, and we have to be very careful not to make any changes that are not needed in order to protect people from the COVID-19 pandemic. With the measures such as ballot boxes at the different polling stations for late mail-in ballots and things like that, this is really not something that is needed.

Allowing an electronic application for the mail-in ballot is something that people will want. The only thing that needs to be considered is the fact that many people, some of whom are seniors, will not necessarily have a printer with which they can photocopy their ID when they have to mail back their package. Some consideration of how that is going to be addressed from the point of view of capacity would be good as well.

As to long-term care institutions, we heard testimony at PROC that they were looking for the minimum amount of time and the minimum amount of interaction to minimize the risk from COVID. The legislation says that there will be 13 days for voting in long-term care, but not to exceed 28 hours. That is really much longer than what the long-term care folks wanted. They had envisioned people from Elections Canada coming in to potentially administer the vote from room to room to room for those who did not choose a mail-in ballot.

In addition, some of the folks I have spoken to have said that, should there be an election in a pandemic, they would want to make sure that the people working the election could have priority access to getting vaccinated, if they so choose, before the actual voting days. That is another consideration.

Rapid tests was another topic discussed. The use of rapid tests to ensure confidence that those going into the long-term care facilities did not add risk would be something to consider as well.

In terms of things that were not considered in this legislation that should be fixed or added, the sunset clause is in the summary, but it is not in the bill. There should be some statement that says whether we want these changes to be permanent, or whether we want these changes to fade after the pandemic is over, or some kind of provision like that.

I appreciated the point made about collection of signatures by the member for Saanich—Gulf Islands, with candidates being required to have those 100 signatures and that in a pandemic that it is probably not the best idea. It is going to be more difficult to do.

We should be looking at all the procedures related to candidates. Scrutineering would be another one. It is not clear in the legislation how we are going to do that, but one of the things that gives people confidence in the process is that there are scrutineers. If they have to stand six feet away from people, logistically, will they be able to see the ballots? How will we address that?

Concerning these mail-in ballots, I understand there was an error in the legislation and that the English version says something different from the French version, and that the Speaker clarified that the French version was correct. The local returning office is going to be where those mail-in ballots go. Depending on the volume there, how many people will be needed to scrutineer? Those details are not in the legislation, and so certainly that is a consideration to keep in mind to maintain the high confidence Canadians have in the electoral process.

We want to make sure that the mechanism to prevent double voting is in place. With the local returning offices being involved, they will then have a very easy way to take the voter's list and, once people have requested a mail-in ballot, to make sure that unless the mail-in ballot is returned, they would not be able to vote at the polling stations as well, and that sort of thing. That would be very important.

The main thing about this bill is that we want to protect the workers and the voters, and we want to do that in a way that continues to uphold the confidence that Canadians have in the electoral process in Canada.

I am a little disappointed that the Liberals introduced this legislation without waiting for the report from the PROC committee. That committee heard testimony from a lot of different kinds of people, from the disabled to our first nations people, on a lot of the specific considerations that would be needed to fine-tune this process and make sure it is suitable for every Canadian to have equal access to vote. To make sure that the process is well understood, one of the considerations when it comes to implementing a change is that the changes have to be well understood, or there will be confusion and people may not want to vote.

Let me just summarize again that Canadians do not want an election during the pandemic. They have been clear about that. We need to do everything that we can. I see committees being filibustered and some of the antics that are going on, which slow down the work that committees are trying to do. That is not helpful. We need to work together, as Parliament, and get through this pandemic. That has to be the priority and it behooves us to make that the case.

The additional thing I wanted to talk about was the changes for health and wellness. I do not think we have enough definition around that and the additional powers with the electoral officer. That will need some consideration when this goes to committee.

It is worth hearing from some of the stakeholders again to better define things like the long-term care facilities and how we are going to do that, especially with those on lockdown. What are we going to do in that scenario? There is more conversation to be held, but I see my time is up.

Canada Elections ActGovernment Orders

March 26th, 2021 / 11 a.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

The hon. member will have just a little over six minutes to continue her speech the next time this matter is before the House.

The House resumed from March 26 consideration of the motion 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.

Canada Elections ActGovernment Orders

May 7th, 2021 / 10 a.m.
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Conservative

The Deputy Speaker Conservative Bruce Stanton

When the House last took up debate on the motion, the hon. member for Sarnia—Lambton had six minutes remaining in her time for comments. There will be time for questions and comments after that.

Resuming debate, the hon. member for Sarnia—Lambton.

Canada Elections ActGovernment Orders

May 7th, 2021 / 10 a.m.
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Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Mr. Speaker, it is a pleasure to be here and to recap the brilliant first 13 minutes of my speech in the last six minutes that I have.

First of all, with respect to an election in a pandemic, the most important point is that Canadians do not want an election in a pandemic. The most recent Ipsos poll on April 21 said that Canadians, in the majority, thought that it would be unsafe and unfair. It is important to take their views into account.

The Prime Minister clearly wants an election, and this is why the Liberals are spending so much effort ramming these bills through, and talking about the stalling and the delaying. At the end of the day, we want to put the health and safety of Canadians over that partisan interest.

Ontario is in lockdown, and some of the other provinces are similarly struggling with COVID-19. We have hotel quarantines. It is not safe to fly. Certainly with all of those messages out there, it would be hypocritical to try to hold an election in a pandemic.

In terms of the bill and the changes that are proposed, let me just give a little tour through the things I like and the things that I do not like. We have a tried-and-true democratic process in Canada. Canadians have had confidence in this process. I think we should minimize the changes that are proposed. If we need to do something to protect the health and safety of voters and workers, those are good changes. If the change does not support that, I am not sure we want to tamper with a process we all have confidence in.

The three-day election period is a very good idea. This would give more time for people to get to the polls and allow for COVID spacing protocols.

I like the idea of the ballot boxes for mail-in ballots at the polling stations. This was tried in the B.C. election and was very well received. With the expectation that there would be huge numbers of mail-in ballots, this would help address the capacity. If people leave it late, and they are worried that Canada Post would not deliver their ballot on time, they could drop it off at the polling station.

I like the electronic request for mail-in ballots; that is a great, progressive thing. As I understand it, the methodology is going to be that if people request a mail-in ballot, they would then not be eligible to show up and vote at the polling station. They would be taken off the polling station lists. That is a good way to prevent double voting. That is not specifically in the legislation and is something that should be detailed. That is the right protocol. I have spoken to many returning officers, and they have already been trained on these changes and that is their current understanding.

There are things I do not like in this bill. There are additional powers for the Chief Electoral Officer to make changes. I do not take issue with some of the specific ones that are cited. However, there is an overarching sense that he could basically do whatever he wants for health and safety; that is a bit broad. I would like to see some oversight from each of the parties that are participating in the election. That would be a great way to make sure that changes that are warranted are approved by the oversight, and that would keep us on track.

I have difficulty with counting ballots after election day. We have always counted everything right up to election day. I think people have confidence in that. We do not want to do anything to open the door to even perceived influence in our elections. The interesting thing is that in the bill, it says it would only be done if the Monday of the election was a holiday. However, that is not the understanding of the many returning officers I have spoken to. They think they will count them if they show up by Tuesday. That is a clarification that needs to be made, both in the legislation and in the training.

The other thing, obviously, is to correct the English-French discrepancy. In the French it said that the ballots were going to be counted in the national capital, and in the English it said it would be done at the local returning office. My understanding is it is going to be done at the local returning office. I think that is the right place for it in order for them to be sure they have controlled who is requesting a mail-in ballot. They are sending out the kits, and they will then know who is not eligible to vote at the polling station. That is the way to go.

What is missing in the bill? There is a sunset clause in the preamble, but it did not make it into the bill. The government says these are temporary measures. How temporary? There is no description of what we are going to do about scrutineers and making sure that scrutineers are able to observe the process, especially with the COVID distancing.

The returning officers have been asked to prioritize vaccinations for the elderly or election workers. That is something that should be considered. It does not necessarily have to go in the bill.

A recommendation to change the hours of voting on Sunday will really limit the number of locations. We want those polling locations to have a lot of space so that they can do the COVID protocols, but if they start at 9 a.m. on Sunday, many churches will not participate. Putting that timing from 2 p.m. until 9 p.m. might allow more location flexibility.

There was a proposal for electronic voters lists so that at every polling station, somewhat like they do provincially, we would be able to see who is off the list. That would be good. What to do if what happened in Newfoundland occurs here? We definitely need to see that contingency plan and I did not see that in the bill.

It looks like that is the end of my whirlwind tour.

Canada Elections ActGovernment Orders

May 7th, 2021 / 10:05 a.m.
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Spadina—Fort York Ontario

Liberal

Adam Vaughan LiberalParliamentary Secretary to the Minister of Families

Mr. Speaker, I am glad the Conservatives are engaged in making it easier and safer to vote as we go through uncharted territory. I am very concerned about the idea of political parties having direct oversight minute by minute during an election, although it begins to explain why the Conservative were so nervous when the Reform Party was created.

I keep hearing Atlanta Republicans talking every time Conservatives start talking about the election. On that point, the member opposite raised the concern that we would have an election right now. Could she explain why her party is so worried about having an election right now? Conservatives have yet to vote confidence in the government in one single opportunity. In fact, they are the ones triggering the election every time they vote no in a confidence motion. I do not mind the debate disagreeing with the Liberals, that is their job, but if they are afraid of an election, I would think they would not vote to have one every time they put their hand up in the House of Commons.

Canada Elections ActGovernment Orders

May 7th, 2021 / 10:05 a.m.
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Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Mr. Speaker, I want to clarify that we are not at all afraid of having an election, in fact, we look forward to the opportunity to get a strong Conservative majority in this country. However, Canadians need to be listened to and they have been clear that they do not want an election. The government tabled this bill in the House before the committee was even finished consideration of this, so it is clear Liberals are in a hurry and we all know why.

Canada Elections ActGovernment Orders

May 7th, 2021 / 10:05 a.m.
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Bloc

Christine Normandin Bloc Saint-Jean, QC

Mr. Speaker, I thank my colleague from Sarnia—Lambton for her speech. I would like to know what she thinks about election day.

One of the recommendations that was made was to extend the polling period to three days, by holding the election not just on Monday but on the previous Saturday and Sunday as well. That would make it easier to find people to work at the polls, particularly young people, who would not be in school. It would also make it easier to access more potential polling locations. In order to facilitate social distancing, we might need more polling stations.

Would it have been useful to incorporate that recommendation into the bill?

Canada Elections ActGovernment Orders

May 7th, 2021 / 10:10 a.m.
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Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Mr. Speaker, I thank my colleague for her question.

I think it is a good idea to have more polling stations. Since churches hold services on Sunday mornings, we might have to add some morning time slots, around 9 a.m., or afternoon time slots, around 2 p.m. Those are all things we need to think about in order to have a lot of choices regarding polling locations.

Canada Elections ActGovernment Orders

May 7th, 2021 / 10:10 a.m.
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NDP

Gord Johns NDP Courtenay—Alberni, BC

Mr. Speaker, indigenous communities face historical and structural barriers to voting. The pandemic has aggravated these challenges and obviously poses new ones. Does my colleague believe that Elections Canada should conduct special consultations with indigenous communities to ensure that voting is safe and accessible for them?

Canada Elections ActGovernment Orders

May 7th, 2021 / 10:10 a.m.
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Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Mr. Speaker, indeed, I sat on the Standing Committee on Procedure and House Affairs and listened to testimony from some of our indigenous folks who did raise these concerns and do need to be consulted. That would be a great idea. We know that especially rural and remote places and places where we have had extreme outbreaks have specific concerns and those concerns need to be heard and addressed so that they have the ability to vote.