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 / 10:20 a.m.
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Conservative

Tony Baldinelli Conservative Niagara Falls, ON

Mr. Speaker, I apologize for the interruption, but I believe my colleague was going to indicate that she would be splitting her time with the member for Calgary Skyview.

Canada Elections ActGovernment Orders

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

Karen Vecchio Conservative Elgin—Middlesex—London, ON

Mr. Speaker, I thank my colleague. I will be splitting my time with the member for Calgary Skyview.

As I was saying, the boxes that would be at these stations would help folks like our seniors who may not feel safe going inside a polling station on election day but may be okay to go for a quick drive to drop off their ballot. This would also be a great thing for people who, like me, have last-minute things. If the ballot has not been mailed, they could still ensure that it gets counted in the election by just dropping it in that box.

The Chief Electoral Officer is working hard to make sure that Canadians remain safe in an election. However, I have some concerns about the suggested expansion of his powers in Bill C-19. While some of these suggestions are definitely reasonable, some of the more major shifts lack robust accountability. Unfortunately, some of the mechanisms in Bill C-19 would give the Chief Electoral Officer too much latitude to make significant changes without being accountable to Parliament.

Of course, during an election, Parliament is dissolved, so how can we make sure the Chief Electoral Officer remains accountable? At committee, we made the suggestion that the CEO should take certain actions only with the agreement of the Advisory Committee of Political Parties, which is struck under the Canada Elections Act. This is certainly not a perfect solution, and I would be happy to hear other solutions. There are definitely other ways in which the CEO could be more accountable instead of making certain decisions unilaterally, and this is just one.

Although I think very highly of Mr. Perrault and I trust that he will do his best in a very difficult situation, I am also sure that he shares my desire to ensure that there is absolutely no doubt when it comes to election results. In fact, there are a few parts of Bill C-19 that I feel would unnecessarily cause stress for Canadians regarding the outcome of an election.

The aspect of Bill C-19 that I have the most concern with is the willingness of the government to accept mail-in ballots after the polling stations are closed. This delay opens up a window of time when Canadians could feel uncertain of the results as mail-in ballots are counted. As we have seen in other elections around the world and even at home, confusion around election results is almost never helpful. These kinds of delays would cause Canadians anxiety and stress, and they would bring a sense of frustration around our democratic process.

We know that our election processes and procedures can never be absolutely perfect, but Canada's system is extremely reliable. However, we must do everything we can to ensure that Canadians have faith that the system is working well. If we introduce new delays that disrupt the system, I fear that it would create unnecessary frustration instead of promoting faith in our institutions. In my opinion, it would be better to ensure that all ballots are received and counted on the final day of polling. That way, Canadians can have an election night that feels normal, for the most part, one where the results are announced right away and Canadians can process that information, instead of waiting around for votes to be counted over a number of days.

Some of my colleagues will certainly say that allowing an extra day for mail-in ballots to be counted is necessary to make sure that we capture as many as possible. I agree with this idea in principle. However, we know that, unfortunately, there will always be late ballots, no matter how late we push the deadline, just like in a normal election there are always people who arrive at the polling station just a little too late. I have faith that the vast majority of Canadians are capable of completing their ballots and submitting them on time, to be counted by the end of the last polling day.

I also have a lot of questions for the government about how it created its plan for long-term care homes, and hopefully we will have more discussion on this. Bill C-19 would allow polling stations to be opened in long-term care homes 13 days prior to polling days, and these polling stations would be allowed to be open for a total of 12 hours in that 13-day period. This seems a bit of a strange solution to me.

Instead of expanding the level of access that Elections Canada workers have to long-term care homes, I believe that it is more important to make sure that Elections Canada workers are vaccinated and tested for COVID-19 and are actively limiting any potential transmission to long-term care residents. This likely means having fewer Elections Canada workers entering these homes. The government needs to make sure that these workers pose as small a risk as possible to our long-term care residents. To that end, the government must consult with long-term care experts to do right by our seniors at this time.

I will conclude, as I often do, by using the concrete example of my parents. My mom and dad are young at heart, especially my dad, but like many elderly Canadians, they need to take steps to make sure they stay healthy these days. I am happy that Bill C-19 offers people like my parents flexibility around voting through multiple voting days, mail-in options and other flexibilities.

In these uncertain times, it is more important than ever that people like mom and dad have clarity around these measures and have the confidence that they will be safe if they go to vote. It is our job as parliamentarians to make sure that Canadians can feel safe voting and that their vote counts. Some of the changes of Bill C-19 help that goal, and others hurt that goal. I hope we can really look into this bill at committee to make sure we can get it right. I look forward to this important work.

Canada Elections ActGovernment Orders

May 7th, 2021 / 10:25 a.m.
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Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Mr. Speaker, I find it interesting to hear the Conservatives talk about this government bringing on an election. We are in a minority Parliament right now. The government does not control the agenda. As a matter of fact, the Conservatives have routinely been voting against confidence motions when it comes to the budget and other items. They are the ones who are dangling an election over Canadians' heads right now.

The member is on the PROC committee, and I was on that committee with her for quite a while. That is great. She knows the value of digging into the details of this at PROC and looking for solutions when talking to various stakeholders. Does she think that we are going to be able to get this to the PROC committee any time soon? Is she looking forward to a vote on this? Can she guess when that will be?

Canada Elections ActGovernment Orders

May 7th, 2021 / 10:30 a.m.
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Conservative

Karen Vecchio Conservative Elgin—Middlesex—London, ON

Mr. Speaker, it is really interesting because our critic just had her first opportunity to speak on this bill this morning. As a member of the PROC committee, I am just getting my turn as well. Let us not tell people out there that we are working on this bill when this is the first time we have gotten to speak on it. Let us change the direction there.

Let us go back to the fall of 2020. I am sorry, but twice the government put forward opportunities for votes of confidence. People like me are being asked to vote against something that I clearly cannot support, such as supporting an overwhelming $1.4-trillion debt to Canadians, to my family members and to my grandchildren. I cannot pass that legislation, so maybe, in turn, the government can put forward something that is worthy and perhaps work with all parties to ensure that we have good, healthy legislation that is good for all Canadians.

Canada Elections ActGovernment Orders

May 7th, 2021 / 10:30 a.m.
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Bloc

Luc Desilets Bloc Rivière-des-Mille-Îles, QC

Mr. Speaker, I thank my colleague. She always has a positive attitude and a smile on her face.

I would like her thoughts on this. At present, the Canada Elections Act prohibits the transmission of surveys or any form of advertising on polling day. Given that this bill proposes a three-day polling period, does my colleague agree with our interpretation that the Canada Elections Act will have to be amended to reflect that?

Canada Elections ActGovernment Orders

May 7th, 2021 / 10:30 a.m.
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Conservative

Karen Vecchio Conservative Elgin—Middlesex—London, ON

Mr. Speaker, it is interesting with the three days of polling. I wonder if that is turning into the advertising. I am not sure which way the member is going on this, if this is the three days of polling when we close down advertising to ensure that people would not be advertising on election day. We know that fines were put out, just yesterday, even to the parliamentary secretary, who deals with Elections Canada. I am not sure if that is what the member is referring to, closing down advertising at the polling.

I am not sure specifically, but I think we should ensure that we are always going by Elections Canada's acts and rules, and if advertising is not allowed during that period of voting, we should not be going there.

Canada Elections ActGovernment Orders

May 7th, 2021 / 10:30 a.m.
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NDP

Jenny Kwan NDP Vancouver East, BC

Mr. Speaker, one of the issues in my riding when it comes to elections is the mobile polls. This is particularly important for seniors and people with disabilities, who are less able to move around. Especially in the face of a pandemic, this becomes even more critical. I know that there could be reliance on the mail-in ballot, but for some that could be difficult as well. Language could become a barrier for them.

From that perspective, I wonder if the member has any comments about mobile polls. Should we strive to ensure that mobile polls are available for seniors and people with disabilities?

Canada Elections ActGovernment Orders

May 7th, 2021 / 10:30 a.m.
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Conservative

Karen Vecchio Conservative Elgin—Middlesex—London, ON

Mr. Speaker, these are the types of discussions that we must have. Even in my riding of Elgin—Middlesex—London, we have the St. Thomas Elgin General Hospital and we have the Elgin-Middlesex Detention Centre. There are a variety of places that need to have mobile polls. Although seniors homes are mobile polls, somewhat, we need to look into how we can ensure that we get as many people voting as possible. That is what is really important, so we need to ensure that we have the safety. I believe it is important that if we are looking at mobile polls, the safety and security of our voters, as well as the people who will be working at those polling stations, are always taken into account.

I will make sure that is a question I ask at committee.

Canada Elections ActGovernment Orders

May 7th, 2021 / 10:30 a.m.
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Conservative

Jag Sahota Conservative Calgary Skyview, AB

Mr. Speaker, I rise today to speak to the government's proposed legislation, Bill C-19, an act to amend the Canada Elections Act, the COVID-19 response.

I am disappointed that the government is so out of touch with Canadians that it wants to amend the Canada Elections Act so it can call an election during a pandemic. Canadians do not want an election, especially during this vicious third wave of the pandemic. While the members opposite claimed to also not want one, it was the Liberals who introduced this legislation in the middle of a pandemic.

Just the other day the Minister of Intergovernmental Affairs was blaming the Conservatives for blocking the bill. However, as my colleague, the opposition House Leader, rightly pointed out, the Liberal government only has itself to blame for the slow pace of the bill.

The government sets the agenda, and it has only allowed the bill to be debated for three hours since its initial introduction almost five months ago. Now there seems to be a sense of great urgency by the Liberal government. While Canadians are suffering from the current COVID lockdowns and still being unable to return to work, the Liberal government is trying to push this legislation through, resulting in many Canadians wondering if the government cares more about its political fortunes rather than working for Canadians, prioritizing getting Canadians back to work and rebuilding our economy.

The mere idea that the government, a government that states it will be driven by science and facts to make decisions, wants to push this legislation through so quickly means it is completely ignoring the facts. Not only do Canadians not want an election, but in British Columbia, Saskatchewan and Newfoundland and Labrador, where general elections were held, they saw a spike in the number of COVID-19 cases, particularly in Newfoundland and Labrador, where just days before the election, a whole section of the province saw such a spike in cases that the Chief Electoral Officer had to pause the election until the outbreak got under control. People's lives are more important than an election.

While the Liberal government's intention to ram this bill through Parliament are definitely questionable at best, the Conservatives have many concerns with the bill. For starters, it has not escaped us that this is a minority Parliament. We all know that minority parliaments are very volatile and do not necessary last the full four years. This is why, at the beginning of this pandemic, the Standing Committee on Procedure and House Affairs conducted a study on how Elections Canada could safely conduct an election during the COVID-19 pandemic.

Something as fundamental as how Canadians elect their members of Parliament must have participation from all members of the House, which is exactly what PROC was doing. However, the government decided that it did not want to wait for the all-party committee report. Instead, it decided to completely ignore any potential recommendations from the committee, including the committee's majority report recommendations that the government not call a federal election during the pandemic unless it was defeated on a motion of non-confidence. Instead, the Liberal government expressed its contempt for Parliament and tabled this bill. Complaining that it has not moved fast enough has clearly indicated to Canadians its desire to recklessly send Canadians to the polls at whatever time it deems to be the most advantageous for the Prime Minister.

Just the other day, members opposite were accusing the Conservatives of not having a consistent message throughout this pandemic, however, we have been consistent. We have consistently said no to an election during this pandemic. It has been the members opposite who have been inconsistent in their messaging in their refusal to commit to not calling an election during this pandemic unless defeated in a non-confidence motion.

I was quite pleased with my colleagues on PROC for their hard work in standing up for Canadians and ensuring that if an election were to be called, they made some great recommendations on how to safely conduct a general election.

Some of the recommendations we made included: that Elections Canada develop a task force responsible for extensively consulting with long-term care homes to determine a safe and mutually agreeable way to conduct a vote in long-term care homes; that these consultations include both national and regional stakeholders and that these consultations include consideration of how rapid testing of Elections Canada employees may increase the safety of residents of long-term care homes; that the government commit to making rapid tests available to Elections Canada for the purpose of conducting an election during the COVID-19 pandemic; that Elections Canada provide a list of expected situations where it would require an expansion to the Chief Electoral Officer's adaptation power as well as a list of actions that would remain prohibited under the expanded adaptation power and that these lists be tabled before Parliament for review and approval; that any unanticipated adaptations require the approval of the advisory committee of political parties struck under section 21.1 (1) of the Canada Elections Act; that Elections Canada ensure all voting locations are accessible for those living with disabilities and that alternative methods of voting such as mail-in ballots are adequately accessible for all voters who do not wish to leave their homes; that Elections Canada stick with the tried and true mail-in ballot process, which sets a deadline for ballots to be mailed and does not count any after election day; that Elections Canada outline a plan to reconcile the number of special ballots received during the course of the election with the number of special ballots distributed and that up-to-date information on who has received mail-in ballots be made available to candidates and registered political parties throughout the election; and that the federal government commit to not calling a federal election during the pandemic unless it is defeated on a motion of non-confidence and that the government ensure the majority of Canadians at an elevated risk from the pandemic will have received the vaccine prior to calling an election.

All these recommendations are designed to protect Canadians and to put them first. It is disappointing to see a Canadian government more interested in getting itself re-elected and using a health crisis, a pandemic, as cover instead of pouring all its resources into getting Canadians back to normal.

I want my constituents to know that under a Conservative government we would be focused on securing mass shipments of vaccines to get Canadians vaccinated, but we would also be focused on getting Canadians back to work and securing stable, well-paying jobs and ensuring we start actually addressing mental health.

Under a Conservative government, we would take immediate action to help the hardest hit sectors, including helping women and young Canadians who have suffered the most. We would assist small businesses and provide incentives to invest in, build and start new businesses.

We would also focus on mental health. COVID-19 has certainly highlighted the shortcomings in our health care sector when it comes to mental health. We would increase the funding to the provinces for mental health care and provide incentives to employers to provide mental health coverage to employees as well as create a nationwide three-digit suicide prevention hotline.

While the Liberals continue to look toward advancing their own agenda and padding the pockets of their friends, Canadians can take solace in that Canada's Conservatives will have their backs and stand up for them, their pocketbooks, their health and their jobs.

Canada Elections ActGovernment Orders

May 7th, 2021 / 10:40 a.m.
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Spadina—Fort York Ontario

Liberal

Adam Vaughan LiberalParliamentary Secretary to the Minister of Families

Mr. Speaker, I thank the member opposite for raising the issue of mental health, which is a critical issue, but she referenced the danger of holding elections, cited some provincial elections and identified Newfoundland and Labrador as a particular case study.

Is the member aware that the number of active COVID cases registered yesterday in Newfoundland and Labrador was six? In two provinces, say Alberta and Ontario, Alberta had 2,211 cases without an election, which have been going up, and in Ontario it was 3,424 cases, which have also been going up. Perhaps holding an election might actually change those results in those two provinces if Newfoundland and Labrador is the case study she wishes to look at.

That is a party that changed election law in its last term of government, had an MP convicted of cheating and lost at the Supreme Court. That is a party that, quite frankly, used Pierre Poutine, a bigoted name, to cheat in London. It is outlandish.

The Republicans in Florida could take lessons from you lot. I mean, pick a lane, are you Giuliani or are you Trump, because you sound like both of them?

Canada Elections ActGovernment Orders

May 7th, 2021 / 10:40 a.m.
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Conservative

The Deputy Speaker Conservative Bruce Stanton

The hon. parliamentary secretary is getting a little too carried away with the “you” references. I would remind him to direct his comments to the Chair in that respect.

The hon. member for Calgary Skyview.

Canada Elections ActGovernment Orders

May 7th, 2021 / 10:45 a.m.
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Conservative

Jag Sahota Conservative Calgary Skyview, AB

Mr. Speaker, I do not know if there was a question or if it was more of an attack on myself—

Canada Elections ActGovernment Orders

May 7th, 2021 / 10:45 a.m.
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Liberal

Adam Vaughan Liberal Spadina—Fort York, ON

Giuliani or Trump? Pick a lane.

Canada Elections ActGovernment Orders

May 7th, 2021 / 10:45 a.m.
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Conservative

Jag Sahota Conservative Calgary Skyview, AB

Are you going to speak or are you going to let me speak?

Canada Elections ActGovernment Orders

May 7th, 2021 / 10:45 a.m.
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Conservative

The Deputy Speaker Conservative Bruce Stanton

Order, please. For debate in the House, we only have one member recognized at the time. I will remind hon. members to not activate their microphones to speak over top of a member who has been recognized.

We will go back to the hon. member for Calgary Skyview for the rest of her response. I ask all other hon. members to let her finish her remarks.

The hon. member for Calgary Skyview.