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

May 7th, 2021 / 10:10 a.m.
See context

Conservative

Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON

Mr. Speaker, Bill C-19 is giving the Chief Electoral Officer full rein to make any changes to the way the election is conducted as he sees fit to support the health and safety of Canadian voters.

Would the Chief Electoral Officer be able to incorporate the changes that do not pass in the House of Commons that we do not like, if he has full reins? What other types of things can he make decisions on, given there would be no oversight?

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 share the member's concern. Because it is not defined what exactly the electoral officer could do, for health and safety reasons, theoretically they could have the power to do anything at all. That is not good because, definitely as has been pointed out, there are some changes that would need oversight, so I would like to see something happen on that.

The other thing that would be difficult is that if they changed polling stations at the last minute and there was not enough communication, people could be confused about where to go to vote. It is important to make sure that does not happen.

Canada Elections ActGovernment Orders

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

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I thank my hon. colleague from Sarnia—Lambton for really great insight into where she sees absences in the bill. I note, as she does, that most Canadians do not want an election in a pandemic, and that was the recommendation as well from the Standing Committee on Procedure and House Affairs, PROC.

Elections Canada has focused on what it is like on voting day, but I do not think it has paid adequate attention to what it is like in a campaign, particularly for candidates collecting their 100 signatures on their nomination papers, which, we all know, have to be very carefully vetted. My colleague, the leader of the Green Party of Saskatchewan, had a terrible time with her volunteers and how to collect what are basically paper forms when they are keeping six-foot distances and are masked. Has my hon. colleague given any attention to that part of the elections process?

Canada Elections ActGovernment Orders

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

Marilyn Gladu Conservative Sarnia—Lambton, ON

Mr. Speaker, that was one of the things that was written down on my paper that I did not quite get to. This is very important.

The signatures are supposed to indicate that there are enough people in the riding who want the person to present themselves as a candidate. That could be done electronically. Certainly these are the kinds of progressive moves that we would like to see to move into a digital age. I look forward to seeing that addressed, as well, when we take this to committee.

Canada Elections ActGovernment Orders

May 7th, 2021 / 10:10 a.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 Minister of Intergovernmental Affairs and to the Leader of the Government in the House of Commons

Mr. Speaker, the member had made reference to voting past Mondays. I just want to make sure that we are clear. From the government's perspective, ballots would only be counted on Tuesdays if it is after a long weekend.

Canada Elections ActGovernment Orders

May 7th, 2021 / 10:15 a.m.
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Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Mr. Speaker, that is exactly the clarification that is needed. However, my worry is that in discussion with several returning officers, who had already been trained on this legislation even before it had been discussed in the House or amended at committee, they are under the impression that they will be able to count any ballots that come in on Tuesday. Therefore, that retraining or clarification needs to go to them as well.

Canada Elections ActGovernment Orders

May 7th, 2021 / 10:15 a.m.
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Conservative

Karen Vecchio Conservative Elgin—Middlesex—London, ON

Mr. Speaker, I think that we all recognize the importance of scrutineers and, like the member mentioned. there is nothing in this about scrutineers. What would the member's suggestions be on how we should perhaps amend it, or what we should be doing to ensure that we have those additional volunteers available?

Canada Elections ActGovernment Orders

May 7th, 2021 / 10:15 a.m.
See context

Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Mr. Speaker, certainly when it comes to scrutineering and we think about trying to keep six feet of distance, one of the difficulties would be to be able to see the ballot. Are we going to have to do something in terms of hooking up cameras on the process and having viewing screens? That is one possible solution. If they are going to have multiple scrutineers in the same spot, that makes it even more complicated. I do not have all the answers, but it is definitely something that is worth thinking about, because we want to make sure that people continue to have confidence in our tried-and-true democratic process.

Canada Elections ActGovernment Orders

May 7th, 2021 / 10:15 a.m.
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NDP

Jenny Kwan NDP Vancouver East, BC

Mr. Speaker, we know that student federations have fought hard to have polling stations on campus, and this has increased voter turnout of students by 10% since 2010. Does the member support maintaining polling stations at campuses to provide students with safe and accessible voting?

Canada Elections ActGovernment Orders

May 7th, 2021 / 10:15 a.m.
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Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Mr. Speaker, having those polling stations at colleges and universities improved student turnout. However, I was a bit alarmed when I talked to my own returning officer and heard that they had taken a decision that they were not going to do that in this election. I wonder whether that is common across the country or is just specific to my riding. That is an excellent question.

Canada Elections ActGovernment Orders

May 7th, 2021 / 10:15 a.m.
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Bloc

Louise Charbonneau Bloc Trois-Rivières, QC

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

I did not hear her speak about voting in seniors' residences. I would like her to comment on that.

Canada Elections ActGovernment Orders

May 7th, 2021 / 10:15 a.m.
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Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Mr. Speaker, I thank the member for her question.

The committee heard witnesses speak on long-term care homes. They indicated they would like a shorter voting period, which Bill C-19 does not provide for. I therefore believe that we should make an amendment to provide for as short a voting period as possible in long-term care homes.

Canada Elections ActGovernment Orders

May 7th, 2021 / 10:15 a.m.
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Conservative

The Deputy Speaker Conservative Bruce Stanton

I would like to congratulate the members in this last round for having kept strictly to their speaking time.

Resuming debate. The hon. member for Elgin—Middlesex—London.

Canada Elections ActGovernment Orders

May 7th, 2021 / 10:15 a.m.
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Conservative

Karen Vecchio Conservative Elgin—Middlesex—London, ON

Mr. Speaker, it is my pleasure to rise today to speak to Bill C-19, the government's legislation designed to make changes to the Canada Elections Act in the case of a potential pandemic election.

Over the past year, Canadians have changed much about what they are doing every day. They have changed how they do grocery shopping, how they do their work and how they socially interact with one another. In the same way, we have to start thinking about how we might change how we hold federal elections to reflect the realities of the pandemic. This is especially important in a minority Parliament, where things are not quite as stable as a majority and elections are a little more frequent.

Before I get into the government's legislation, it is important to note right off the bat that the government should not unnecessarily jeopardize the health of Canadians through an election. This pandemic continues to put a strain on all Canadians, and the last thing they need is the government putting their health on the line because the Liberals think it is good for them politically. Canadians are doing their best to keep their families safe and healthy, despite the challenges of COVID-19. Unfortunately, the government has already, on multiple occasions, threatened to send Canadians to the polls, risking their health and safety, instead of answering questions about the failed elements of its pandemic response or its ethical scandals. I was happy that, when this was discussed at the procedure and House affairs committee, the Liberal members actually agreed with this and included it in our final report.

Sadly, it seems as though the Liberal members of that committee do not hold much sway with the PMO. I only say this because, even though the government knew that PROC was working on a report that would help inform its legislation, the minister bypassed all the work of the committee and introduced Bill C-19 without taking any of the expert testimony into account. Some members of the procedure and House affairs committee are now talking about a prestudy of Bill C-19 that would rehash a lot of the same ground covered in the initial study. This suggestion could only make sense because all of the evidence was ignored the first time around.

However, with that discussion out of the way, I am happy to get into the meat of Bill C-19 and discuss the positives and negatives of it. I always try to look at things fairly, and I can honestly say that in my time as an MP I have not shied away from saying there are things in a bill that are not okay. Even if I do not like the whole thing, I like to try to find good in legislation from all sides. Members could even see that last night with the budget, and there are some good things here in Bill C-19.

For example, I am happy to see the inclusion of multiple voting days, which would be called a “polling period”. Having more than one voting day would help ensure that Canadians can come out to vote in as normal a fashion as possible, while still spacing out timing and physical distancing. Another flexible option we know already exists in Canada is the opportunity for mail-in ballots. However, in previous elections this method has not been used to the extent that we expect would happen in a pandemic election. The Chief Electoral Officer has said that we could see five million mail-in ballots if the government calls a pandemic election. We need to make sure we are prepared to receive and process these. We have spoken to Canada Post and it has assured us it is ready; we need to make sure we are ready as well.

The Chief Electoral Officer is responsible for making sure Canadians know that mail-in ballots are an option. However, Bill C-19 would offer a helpful way for Canadians to be able to apply for their mail-in ballot online. To be clear, Canadians would not be able to vote online, only to apply for their hard-copy mail-in ballot. As I am sure Canadians agree, a pandemic is certainly not the time to consider massive new sweeping changes to the electoral system, such as online voting. However, allowing Canadians to apply online for their special ballot would be a positive change to help enhance flexibility.

Another positive addition of Bill C-19 would be the installation of reception boxes—

Canada Elections ActGovernment Orders

May 7th, 2021 / 10:20 a.m.
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Conservative

The Deputy Speaker Conservative Bruce Stanton

I will interrupt the hon. member for a moment.

I see the hon. member for Niagara Falls on a point of order.