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 / 10:45 a.m.
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Conservative

Jag Sahota Conservative Calgary Skyview, AB

Mr. Speaker, I am disappointed that the member opposite suggested that holding an election would reduce the numbers. He seems to be suggesting that holding an election did not cause the spread or contribute to those numbers.

Less than two days ago we had an emergency debate on how the numbers in Alberta were going up. The member is suggesting that by holding an election in Newfoundland and Labrador and using that as an example, the numbers could go down. I am not sure if the he had a point to make, but he seems to suggest the opposite of what the facts and science say right now.

Canada Elections ActGovernment Orders

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

Scott Duvall NDP Hamilton Mountain, ON

Mr. Speaker, the NDP believes there should not be an election during a pandemic, like the other parties, but should it happen, all parties should be in agreement on the process to go forward.

The member talked about people with disabilities. Does she not agree that Elections Canada should consult with the Canadian disability organizations to come up with a list of accommodations for people who live with disabilities so we know they are involved and will show us the best methods to use going forward?

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 agree that we should be having wide consultations and ensuring that if an election is called and we go to the polls, that all Canadians are safe. It is important to conduct consultations and it is even more important to follow those recommendations. That is where the government is lacking with respect to not following the recommendations brought forward by the PROC committee, for example, and by bringing the bill forward before that report was even tabled.

Canada Elections ActGovernment Orders

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

Marilyn Gladu Conservative Sarnia—Lambton, ON

Mr. Speaker, one thing that is of concern is the assertion on the part of the government that somehow the Conservatives are delaying this.

Could the member comment on that?

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 thank the member for her hard work on this bill. We have to understand the pulse of the country, and Canadians are saying there should be no election right now. I fail to understand what the urgency is to bring in this bill when the report from PROC committee has not even been tabled in Parliament. The focus needs to be on the safety of Canadians, not on calling an election just because the numbers look good for the Liberal government.

Canada Elections ActGovernment Orders

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

Rachael Thomas Conservative Lethbridge, AB

Mr. Speaker, leadership often requires making difficult decisions. A good leader makes decisions in the best interests of the people. A bad leader makes decisions in the best interests of him or herself, often to the detriment of the people.

Since the beginning of this pandemic, the government has used the phrase “unprecedented times” to justify many ludicrous actions, such as when it tried to get away with giving itself unlimited taxing and spending powers until 2022, or when it replaced Parliament with a special committee where only certain questions were permitted, or when Parliament was prorogued in order to cover up the Prime Minister's scandal: the unethical conduct he engaged in with the WE Charity Foundation. All of these actions were taken in the name of “unprecedented times”.

Canadians are watching and are catching on. They are beginning to see a pattern wherein the government is exploiting the pandemic in order to engineer scenarios that benefit it politically. This bill is another example of exactly that. While no one would suggest that we do not want to be prepared for an eventual election with a minority Parliament, we also need to be aware that the COVID-19 crisis continues to worsen. Canadians are losing their businesses. We have the highest unemployment rate in the G7 and we have a runaway deficit with zero plan for economic recovery.

Any reasonable person would understand that other priorities need to take precedence over calling an election. In fact, every single party has said it does not want an election, speaking on behalf of what they are hearing from Canadians. What are the Liberals thinking about? They are thinking about sending Canadians to the polls in the middle of a pandemic.

We have learned from the Prime Minister that talk is cheap. He has said his government cares about protecting Canadians, but when it comes down to it, all he seems to care about is protecting his own job. Why else would this bill be rushed through the House of Commons before receiving a report that is supposed to come forward from the Procedure and House Affairs Committee? This committee conducted a study specifically on having an election during the COVID-19 pandemic. Why is there a rush? Why act so quickly? Could it be that the Prime Minister is in fact trying to time things just right so that he can go to the polls when it is most politically advantageous for him to do so? Again, a good leader would govern in the interests of the people.

Many components of this bill are cause for serious concern. They grant the Chief Electoral Officer unprecedented powers to extend the vote time, to allow mail-in ballots to be counted past the deadline, to determine what is satisfactory proof of identity and residence and to accelerate the timeline for these changes to go into effect. I do not believe I need to inform the House of what happens when a large portion of the public questions the validity of election results. Let us just say that chaos ensues.

For democracy to work, it is imperative that the public have confidence in the electoral process. Given that there are so many uncertainties at this time, the government should ensure that the rules are definitive and clear. Instead, we see the opposite in this legislation. This bill gives significant discretionary powers to the Chief Electoral Officer and creates a ton of uncertainty for voters.

While I can appreciate that adjustments need to be made to accommodate safety precautions and various health measures, I believe we should come with concrete rules, not arbitrary guidelines that can be modified on the whim of an individual. This is a recipe for disaster.

What is needed? Any additional powers given to the Chief Electoral Officer should be subject to approval by each party represented in the House of Commons. After election day, no mail-in ballots should be counted. Straying from this norm could create an opportunity for all sorts of problems, and we see this in other countries. Perhaps most importantly, this bill, which will amend the Canada Elections Act in response to COVID-19, must have a sunset clause. We have seen the Liberals attempt to entrench pandemic policies post-pandemic. That cannot be the case with the amendments being made to this legislation. This bill must stop being in effect after the pandemic has subsided. It is so important that this bill have a sunset clause.

Another change to the Canada Elections Act the Liberals are proposing with this piece of legislation is to allow polling stations at long-term care homes to commence 13 days before the end of the election. This one makes zero sense. Sadly, the pandemic has illuminated very tragic realities in senior care homes across this country. Based on the statistics, the elderly are most vulnerable when it comes to suffering from COVID-19 and the loss of life. Instead of minimizing potential exposure, the government now thinks it would be a good idea to have polling stations open even longer, therefore maximizing the opportunity for exposure to COVID-19.

In what world does that make sense? There is zero evidence for this change to the act. It is putting our most vulnerable at risk, and it must not go through. It is ludicrous. It is silly. It is incomprehensible. Clearly the Liberals are in a hurry to hold an election in the middle of a pandemic, and they are putting their partisan interests above the health and well-being of people, the elderly and those with disabilities in particular.

Canadians do not want an election in the middle of a pandemic. We saw the spikes in COVID cases after the B.C. election and the Saskatchewan election. Just imagine what that would look like on a federal level. By not considering the testimony of the health officials appearing during the committee study, the Prime Minister has wasted the valuable time of public health officials and the valuable advice they have offered.

The Liberals have continued to scheme to push through this legislation as quickly as possible, when they should have been prioritizing Canadians and our economic recovery as well as our health. There are legitimate concerns about this new legislation's effect on the safety of seniors, those in long-term care and those with disabilities. I dare say there are concerns for all Canadians.

Canadians deserve clarity around their electoral process and any changes to it, especially if they are forced to go to the polls in the potentially high-risk environment of a worsening pandemic. This bill brings uncertainty and puts vulnerable Canadians at risk at a time when so many Canadians are just trying to keep their heads above water.

It would be nice to see the leader of this country divert some attention from himself and his political career toward the Canadian public and what is in their best interests. The pandemic has exposed the true colours of the Liberal government and where its focus lies. The crafting of this legislation, and the speed at which it is being pushed forward, are prime examples. It is undeniable that this bill was unilaterally constructed on behalf of the Liberals and for the benefit of the Liberal Party of Canada, not the Canadian people.

Our focus as parliamentarians should be on Canadians: on their health, safety, welfare and future. We need to see an economic recovery plan, not a Liberal election plan, as was provided in the 2021 budget. Democracy in Canada has taken some significant hits from the government currently in power. It would be my hope that for the remainder of the House, those on the side of opposition would band together and take a stand on behalf of the Canadian people, insisting on good legislation as we move forward.

It would be my hope, then, that we do not continue the trend of a declining democracy and that we vote against this legislation as it stands today.

Canada Elections ActGovernment Orders

May 7th, 2021 / 10:55 a.m.
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Conservative

The Deputy Speaker Conservative Bruce Stanton

The hon. member for Lethbridge will have 11 minutes remaining in her time when the House next gets back to debate on the motion.

Bill C-19--Notice of time allocation motionCanada Elections ActPrivate Members' Business

May 7th, 2021 / 1:50 p.m.
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Saint Boniface—Saint Vital Manitoba

Liberal

Dan Vandal LiberalMinister of Northern Affairs

Mr. Speaker, an agreement could not be reached under the provisions of Standing Orders 78(1) or 78(2) with respect to the second reading stage of Bill C-19, An Act to amend the Canada Elections Act, COVID-19 response.

Under the provisions of Standing Order 78(3), I give notice that a minister of the Crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at the said stage.

Bill C-19—Time Allocation MotionCanada Elections ActGovernment Orders

May 10th, 2021 / noon
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Ottawa Centre Ontario

Liberal

Catherine McKenna LiberalMinister of Infrastructure and Communities

moved:

That, in relation to Bill C-19, An Act to amend the Canada Elections Act (COVID-19 response), not more than one further sitting day shall be allotted to the consideration at second reading stage of the Bill; and

That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Bill C-19—Time Allocation MotionCanada Elections ActGovernment Orders

May 10th, 2021 / noon
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Liberal

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Liberal Alexandra Mendes

Pursuant to Standing Order 67(1) there will now be a 30-minute question period.

I invite hon. members who wish to ask questions to rise in their places or to use the raise hand function so the Chair has some idea of the number of members who wish to participate in the question period.

The hon. member for Louis-Saint-Laurent.

Bill C-19—Time Allocation MotionCanada Elections ActGovernment Orders

May 10th, 2021 / 12:05 p.m.
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Conservative

Gérard Deltell Conservative Louis-Saint-Laurent, QC

Madam Speaker, what a sad day for parliamentary democracy. A time allocation motion is unpleasant at any time, even if sometimes it is a necessary evil, but a time allocation motion on a bill dealing with Canadians' right to vote is rubbing salt in the wound.

What we are debating today is the way Canadians will vote in the next election if it is held during the current pandemic, which could very well be the case. In moving this time allocation motion to restrict parliamentarians' right to speak, the government is launching a direct attack on the heart of democracy. That is completely unacceptable.

We are hearing the government say that the opposition parties are doing everything they can to delay the work of Parliament, but that is completely false. The best way to delay the work of Parliament is to prorogue Parliament, like the Liberals did last August. Why is the government not assuming its responsibilities? Why is it not allowing proper and thorough debate on a bill that directly relates to Canadian democracy?

Bill C-19—Time Allocation MotionCanada Elections ActGovernment Orders

May 10th, 2021 / 12:05 p.m.
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Beauséjour New Brunswick

Liberal

Dominic LeBlanc LiberalPresident of the Queen’s Privy Council for Canada and Minister of Intergovernmental Affairs

Madam Speaker, I thank my hon. colleague from Louis-Saint-Laurent for his intervention and his question.

I understand that he is fully playing his role of leader of the official opposition in the House. However, when I was in the opposition and his party was in power during the Harper years, his government did not hesitate to use time allocation motions regularly, even daily on some occasions. I understand that my colleague has a role to play by expressing a certain degree of indignation, which I freely accept.

However, on the substance of the issue, we believe the time has come for the Standing Committee on Procedure and House Affairs to study Bill C-19 and make amendments if necessary. For the hours of debate that have been held so far, the members of the opposition have already made several suggestions for improving this bill, which, let us be clear, will only be in effect for the next election. I think therefore it is time for the House to refer the bill to the committee to be studied.

Bill C-19—Time Allocation MotionCanada Elections ActGovernment Orders

May 10th, 2021 / 12:05 p.m.
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Bloc

Alain Therrien Bloc La Prairie, QC

Madam Speaker, my colleague must be joking when he says it is time to send the bill to committee.

This act demands consensus. This is about the Canada Elections Act and the right to vote, as my colleague astutely pointed out earlier. There has to be consensus. Over four months of debate, only one Bloc Québécois member has spoken to this bill.

The Liberals introduced Bill C-19 on December 10, 2020, while the Standing Committee on Procedure and House Affairs was already looking into the issue. Instead of waiting for the committee to finish its work, the Liberals decided to introduce a bill, utterly disregarding democratic institutions, such as the committee. Now they are forcing closure with help from the NDP, their usual accomplice for this kind of tactic. They say there has been enough debate and this bill must go to committee. I am not making this up.

The Liberals have trouble managing a legislative calendar. They are a bunch of amateurs. Here is my question. Are they not ashamed to invoke closure on a bill that requires consensus?

Bill C-19—Time Allocation MotionCanada Elections ActGovernment Orders

May 10th, 2021 / 12:05 p.m.
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Liberal

Dominic LeBlanc Liberal Beauséjour, NB

Madam Speaker, I thank my hon. colleague from La Prairie.

No, we are not at all ashamed to give Parliament the opportunity to pass a bill that will temporarily amend the Canada Elections Act for the next election only in response to an official request submitted to the House by the Chief Electoral Officer.

My hon. colleague from La Prairie spends his time expressing his lack of confidence in the government by voting against it. It is therefore clear that he wants an election because, otherwise, why would he spend his time doing that?

We think it is a good idea to give Elections Canada a lot more flexibility to protect residents of Quebec's long-term care facilities, for example. The proposed amendments to the Canada Elections Act were introduced in Parliament a few months ago. I would invite my colleague to recognize that, last Friday, when Bill C-19 was debated in the House of Commons, the four Conservative members who spoke about it once again insisted on delaying the vote to send this bill to committee.

Bill C-19—Time Allocation MotionCanada Elections ActGovernment Orders

May 10th, 2021 / 12:10 p.m.
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NDP

Daniel Blaikie NDP Elmwood—Transcona, MB

Madam Speaker, I want to start by recognizing what a frustrating situation we find ourselves in as a Parliament. The election in Newfoundland and Labrador showed very clearly that even if an election during the pandemic did not precipitate a public health crisis on its own, it could have really damaging effects for democracy and for the outcomes of an election.

The government has proposed some temporary changes to the Elections Act. It has not called the bill very often, which has been a point of frustration for New Democrats, but when it has, the official opposition has often found ways to delay and stall.

We have an important bill that really needs to be passed, given that the Prime Minister repeatedly refuses to put everybody at ease and say that he will not unilaterally call an election during the pandemic. Our view is that the responsible response to that is to try to get rules in place exactly because we do not trust the Prime Minister to do the right thing.

Perhaps the government today could allay those concerns and let us know when the Prime Minister intends to commit that he will not call an election during the pandemic. When is that announcement coming?