An Act to amend the Canada Elections Act (COVID-19 response)

This bill is from 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 has also written a full legislative summary of the bill.

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 Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-19s:

C-19 (2022) Law Budget Implementation Act, 2022, No. 1
C-19 (2020) Law Appropriation Act No. 3, 2020-21
C-19 (2016) Law Appropriation Act No. 2, 2016-17
C-19 (2013) Law Appropriation Act No. 4, 2013-14

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.

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.

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.

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.

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.

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.

The Deputy Speaker 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.

The House resumed from May 7 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.

Resuming Debate on the Canada Elections ActCanada Elections ActGovernment Orders

May 10th, 2021 / 1:20 p.m.

The Speaker Anthony Rota

Resuming debate, the hon. member for Lethbridge has one minute remaining in her debate time.

Resuming Debate on the Canada Elections ActCanada Elections ActGovernment Orders

May 10th, 2021 / 1:20 p.m.

Conservative

Rachael Thomas Conservative Lethbridge, AB

Mr. Speaker, I wish to inform the House that I will be sharing my time with the member for Thornhill.

As I was saying during my last opportunity to speak to this bill, the pandemic has really exposed the true colours of the current government and where its focus lies. What I am talking about, of course, is the crafting of this legislation, Bill C-19. The Liberals have done this at a rapid pace and have done it without clear consultation, or I should say attention given to consultation.

It is undeniable that this bill was unilaterally constructed on behalf of the Liberal Party of Canada and that it is being pushed forward to the Liberals' benefit and not at all to the benefit of Canadians, which is very concerning to me. Our focus as parliamentarians should be on the Canadian people, on their health, their safety and their well-being. This bill does not take those things into account.

We need to see an economic recovery plan, not a Liberal election plan, which again is exactly what—

Resuming Debate on the Canada Elections ActCanada Elections ActGovernment Orders

May 10th, 2021 / 1:20 p.m.

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

We have to go to questions and comments.

The hon. member for Kingston and the Islands.

Resuming Debate on the Canada Elections ActCanada Elections ActGovernment Orders

May 10th, 2021 / 1:20 p.m.

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Madam Speaker, what we are really debating here is a piece of legislation that will be used in the event that an election happens during this global pandemic. Despite the fact that all parties have said that they are not interested in having an election happen any time soon, we have to respect the fact that this is a minority Parliament and one could happen at any time.

I am very perplexed when trying to understand why the Conservatives do not just want to be prepared. Can the member comment on what she has against being prepared in the event that an election might happen?

Resuming Debate on the Canada Elections ActCanada Elections ActGovernment Orders

May 10th, 2021 / 1:20 p.m.

Conservative

Rachael Thomas Conservative Lethbridge, AB

Madam Speaker, I have no problem with our being prepared. To be prepared for an election during the pandemic would mean that the Liberals put a sunset clause in place. After all, if this legislation is truly just for the time being during a pandemic, then there is no reason why that should not be the case, and that this actually would expire once the pandemic is over. That seems like a reasonable amendment, does it not?

The other thing is that at the end of the day this legislation should take into account what experts have said. Experts are certainly not encouraging that we would go into long-term care facilities and run the election for 13 days.

Resuming Debate on the Canada Elections ActCanada Elections ActGovernment Orders

May 10th, 2021 / 1:25 p.m.

Conservative

Damien Kurek Conservative Battle River—Crowfoot, AB

Madam Speaker, it is good to enter the discussion on this important subject. We are seeing a debacle of epic proportions on Bill C-10, a bill that the minister obviously does not even understand. There are a lot of questions that Canadians have around Bill C-19 and its effect on what is one of the key things that the House is required to do, and that is to be the custodian of Canada's democracy.

Are there any parallels between the debacle that is currently unfolding with Bill C-10 and what is possible with Bill C-19, especially if the bill goes to committee, and now that the Liberals have limited debate and discussion on Bill C-19?

Resuming Debate on the Canada Elections ActCanada Elections ActGovernment Orders

May 10th, 2021 / 1:25 p.m.

Conservative

Rachael Thomas Conservative Lethbridge, AB

Madam Speaker, the hon. member points out something really important, and that is, first, that we need to acknowledge the fact that the Liberals just moved time allocation, which means they are trying to rush this legislation through without fulsome debate. That is very problematic because it is chipping away at democracy.

The second point the member raises is with regard to Bill C-10, which has to do with government censorship of the information that we post on our social media platforms. This is a huge overreach on behalf of the government and something that is not properly researched.

Interestingly enough, Bill C-19 is one and the same, where, again, I believe it goes too far and ignores the voices of witnesses and those who have expertise in this area. It is shameful.

Resuming Debate on the Canada Elections ActCanada Elections ActGovernment Orders

May 10th, 2021 / 1:25 p.m.

Beauséjour New Brunswick

Liberal

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

Madam Speaker, I want to acknowledge my colleague from Lethbridge's comments a few minutes ago. She thought that it would be a good amendment at committee to have a sunset clause. The good news is that we do not need to amend it at committee to include a sunset clause, because I would draw her attention to clause 11, which provides exactly what she was suggesting the committee look at.

I am wondering if the member for Lethbridge could tell us how many times in the last two months she has stood in her place and voted no confidence in the government, obviously seeking an election during the pandemic. How many times did she stand and vote no confidence looking for an election?