Electoral Participation Act

An Act to amend the Canada Elections Act

Sponsor

Dominic LeBlanc  Liberal

Status

In committee (House), as of June 19, 2024

Subscribe to a feed (what's a feed?) of speeches and votes in the House related to Bill C-65.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

This enactment amends the Canada Elections Act to, among other things,
(a) provide for two additional days of advance polling;
(b) authorize returning officers to constitute polling divisions that consist of a single institution, or part of an institution, where seniors or persons with a disability reside and provide for the procedures for voting at polling stations in those polling divisions;
(c) update the process for voting by special ballot;
(d) provide for the establishment of offices for voting by special ballot at post-secondary educational institutions;
(e) provide for new requirements relating to political parties’ policies for the protection of personal information;
(f) establish new prohibitions and modify existing prohibitions, including in relation to foreign influence in the electoral process, the provision of false or misleading information respecting elections and the acceptance or use of certain contributions; and
(g) expand the scope of certain provisions relating to the administration and enforcement of that Act, including by granting the Commissioner of Canada Elections certain powers in respect of any conspiracy or attempt to commit, or being an accessory after the fact or counselling in relation to, a contravention of that Act.
The enactment also provides that the Chief Electoral Officer must make a report on the measures that need to be taken to implement a three-day polling period, a report on the measures that need to be taken to enable electors to vote at any place in their polling station, a report on the feasibility of enabling electors to vote at any polling station in their electoral district and a report proposing a process for the determination of whether a political party has as one of its fundamental purposes the promotion of hatred against an identifiable group of persons.

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

June 19, 2024 Passed 2nd reading of Bill C-65, An Act to amend the Canada Elections Act
June 19, 2024 Failed 2nd reading of Bill C-65, An Act to amend the Canada Elections Act (reasoned amendment)
June 17, 2024 Passed Time allocation for Bill C-65, An Act to amend the Canada Elections Act

Electoral Participation ActGovernment Orders

June 18th, 2024 / 1:25 p.m.


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Liberal

Ken McDonald Liberal Avalon, NL

Mr. Speaker, I rise on a point of order. I hate to interrupt my colleague in his speech, but there is a loud noise outside the chamber. I can hardly hear the person two seats away speaking.

Electoral Participation ActGovernment Orders

June 18th, 2024 / 1:25 p.m.


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The Deputy Speaker Chris d'Entremont

I appreciate the intervention. The Sergeant-at-Arms is going back there to see who is making all the noise.

I just remind all of our members, when we are coming into our lobbies, to make sure we try to keep our volume down. The sound is coming from the back as people enter. Again, this is a reminder to members in our lobbies and all those who are here today.

The hon. member for Nepean.

Electoral Participation ActGovernment Orders

June 18th, 2024 / 1:25 p.m.


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Liberal

Chandra Arya Liberal Nepean, ON

Mr. Speaker, despite the growth in popularity of advance polls and special ballots, voting on polling day still remains the most popular option for how Canadians vote. That is why our government also wants to pave the way to make it easier and more convenient for those who vote on election day to eventually be able to vote at any polling station in their electoral district. This would shorten lineups for voting, provide more options for voting, make voting more convenient and allow election officers to make better use of their time. However, this significant change can only be done after the appropriate technology and procedures have been tested, to ensure the integrity of the voting process.

This is why Bill C-65 asks the Chief Electoral Officer to prepare two reports for Parliament on implementing voting at any polling station through a phased approach.

The first report, which must be tabled 120 days before the next fixed-date election, would outline the measures that would be put in place for the 2025 election, so that voters can vote at any table within their riding's polling station in 2025. This is a critical first step for voters, to be able to walk into their polling station and go to whoever is available to cast their ballot, rather than waiting in line based on alphabetical order of their last names. This is possible because Elections Canada has been testing the use of an electronic list of electors to ensure the success of this technology, including in the Durham by-election earlier this year.

The second report, to be tabled in 2027, would look at what is needed for voters to be able to vote at any polling station anywhere in their riding by 2029. This report would outline expected costs, new technology and any legislative amendments needed for full implementation. These are critical milestones toward giving electors the flexibility to be able to vote in person anywhere in their riding.

I also want to take a moment to highlight the targeted new initiatives that would make voting easier for post-secondary students, residents of long-term care facilities and electors who may require assistance in marking their own ballot, such as electors with disabilities.

For students, Bill C-65 would enshrine the vote on campus program that Elections Canada has offered in past general elections. Working with willing post-secondary institutions, as it did in 2015 and 2019, Elections Canada would set up offices on campus so that Canadian students studying anywhere in Canada would be able to easily vote for any candidate in the student's home riding during a general election. In 2015, close to 70,000 electors cast their votes through this initiative at 39 post-secondary campuses. In 2019, more than 110,000 electors voted at approximately 100 post-secondary campuses. Currently, an estimated 120 campuses across the country are set to host the program at the next general election.

With respect to residents in long-term care, the pandemic highlighted for all of us in this chamber the challenges faced by those residents when trying to vote. During the 2021 election, the Chief Electoral Officer rose to this challenge and established a process for those residing in long-term care facilities to vote safely. Bill C-65 would facilitate voting for the residents in long-term care homes across Canada, building on the success of the Chief Electoral Officer's temporary changes made in 2021.

First, returning officers would work with the staff of these facilities to identify the most convenient dates and times for residents to vote. Voting would continue to be 12 hours in total but could be spread over more than one day to take into account the specific needs of residents.

Second, proof of address would no longer be required for those residents choosing to vote in their long-term care facilities. Many residents have difficulty proving their residence because identity documents are often in the possession of family members, or they no longer have a driver’s licence, which is the most common proof of residence. This change removes an unnecessary obstacle to voting for those in long-term care.

In addition, the Canada Elections Act already permits electors to request and receive assistance at the polls, including to mark their ballot, from Elections Canada officials, friends or family. However, this assistance is currently limited to a friend, spouse or family member. Bill C-65 proposes to remove these restrictions and give electors the freedom to choose their assistant, including caregivers or personal support workers. To maintain both the integrity and the secrecy of the vote, a solemn declaration would continue to be required from the assistant. Election workers would also continue to be available to assist electors if needed.

The final measure to support participation in our electoral process that I will speak to is the proposal that the Chief Electoral Officer prepare a report for Parliament on a three-day election period for any general elections held in 2029 and beyond. This report would allow for a detailed consideration of the feasibility and the path forward, given the considerable operational shift and electoral integrity implications that a three-day election period would bring. It would also identify challenges and potential solutions for implementation.

The second key priority of Bill C-65 is further protecting the personal information of Canadians. In this day and age, personal information is a coveted commodity that must be protected, including in the electoral process and by federal political parties.

In order to do so, the government took a first step in 2018 through Bill C-76, the Elections Modernization Act, introducing the first-ever policy requirements as a condition of party registration. Another step was taken last year through Bill C-47, the Budget Implementation Act, 2023, to affirm that the Canada Elections Act is the exclusive and national regime applicable to federal political parties and those acting on their behalf.

Bill C-65 proposes to expand on these measures to better protect personal information. In order to be a duly registered political party with Elections Canada, each political party must already provide a policy on the protection of personal information. This condition of registration would be maintained, but Bill C-65 adds the following new privacy policy requirements.

Political parties must have the appropriate physical, organizational and technological safeguards, such as locked filing cabinets, in place and must restrict access to those who need it. It would ensure that suppliers or contractors who receive personal information from political parties have the equivalent safeguards in place. Parties must notify affected individuals in the event of a serious breach. It would also prohibit political parties from selling personal information, providing false or misleading information regarding why personal information is collected, and disclosing personal information to cause harm.

The privacy regime under the Canada Elections Act recognizes that outreach, communication and engagement between federal political parties and voters are essential to a healthy, modern democracy. Personal information is at the root of the dialogue between political parties and the Canadian electorate. It is therefore essential that this information be protected accordingly, which is exactly what Bill C-65 proposes to do.

Finally, I am proud to highlight the measures proposed in Bill C-65 to safeguard the electoral process.

This year is an important year for elections around the world. While Canada's next federal election is not scheduled until 2025, over 60 countries, encompassing almost 50% of the world's population, will have elections in 2024. I would like to highlight the elections that were just concluded this month in the largest democracy in the world, India, where about one billion people were eligible to vote, approximately 900-odd million, with about 60% turnout. I think the elections were held over a period of seven to eight weeks. Interestingly, I am told that it is proposed, going forward, that in the next general elections in India, the federal elections will be held simultaneously with about 32 states, 32 provinces, in India.

As I mentioned earlier, we are fortunate in Canada to have one of the most secure and reliable electoral systems in the world. Canada's electoral system is grounded in accessibility, fairness and integrity through the Canada Elections Act. Canadians have confidence in their electoral system. In a survey by Elections Canada following the 44th general election, 82% of participants felt that Canada's voting system was safe and reliable. Yet, Canada's democracy, like other democracies globally, is being tested. Rising security threats that undermine the credibility of democratic elections include foreign interference, disinformation, the misuse of evolving technologies and the threat against its participants.

To address these concerns, Bill C-65 introduces a series of amendments to the Canada Elections Act to further protect the integrity of the electoral system from these threats.

The Canada Elections Act already has strong and wide-ranging measures to help counter these threats to the electoral system. However, as the threats evolve, so too must our response. Currently, certain provisions of the Canada Elections Act apply only during elections. Since people and entities with ill intentions do not limit their activities to a specific time frame, Bill C-65 would expand certain provisions beyond the election period. This includes expanding existing bans so that they are not limited to the election period, specifically those against foreign influence on an elector to not vote or to vote in a certain way, and misleading publications that falsely purport to be from someone they are not, such as the Chief Electoral Officer or a political party.

Like all my hon. colleagues in this House, I have great faith in, and a deep appreciation for, Canada and its democratic institutions. Bill C-65 would further strengthen Canada's world-renowned electoral system, which is at the heart of our democratic system.

Electoral Participation ActGovernment Orders

June 18th, 2024 / 1:40 p.m.


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Bloc

Kristina Michaud Bloc Avignon—La Mitis—Matane—Matapédia, QC

Mr. Speaker, with this bill the government is proposing that the 2025 elections be held a week later than the date that had been set.

The government claims that this is on account of a religious holiday, Diwali, a festival held by the Hindu religious group. Apparently there are other groups that celebrate it as well, namely the Sikhs and Buddhists.

I quickly logged on to the Statistics Canada site to ascertain the proportion of religious groups present in Canada. The site counts over 21 religious groups. I noted that 2.3% of Canada's population is Hindu, 2.1% Sikh and 1% Buddhist.

What this government is proposing to do, then, is to push back the elections to allow less than 4.5% of the Canadian population to celebrate their religious holiday. I would remind members that in Canada, over 34.6% of the population do not practise any religion and 29.9% are Catholic, so I find this a little curious. I have to ask myself whether it is not irresponsible, or even dangerous, to start changing such an important date as the federal election date on account of a religious holiday.

I was speaking about the 21 religious groups identified. There are probably a number of religious holidays for these groups, perhaps more than 365, so if we try to be fair, we might end up never finding a day during the year to hold the federal elections.

I wonder whether it is not irresponsible on the government's part to invoke this reason for postponing the elections.

Electoral Participation ActGovernment Orders

June 18th, 2024 / 1:40 p.m.


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Liberal

Chandra Arya Liberal Nepean, ON

Mr. Speaker, as a Hindu by religion, I do not need the election date to be postponed so I can celebrate my religious holiday. As the member mentioned, there are many religious groups in Canada. There are Jewish Canadians, Buddhist Canadians and Muslim Canadians. To accommodate every single religious day not being affected by election day would be very difficult going forward.

One of the flexibilities proposed in this legislation is to provide the Chief Electoral Officer the flexibility to determine a fixed date on which the election should, depending on the circumstances surrounding that date. It can be similar to provincial or municipal elections. What we are promoting is to provide flexibility. I agree that we cannot start making exceptions based on the religious requirements of various Canadians.

This is not the only issue on the election date. I was recently at committee when one of the major corporate players declined to appear, stating that it was during the quiet period enforced by the Ontario Securities Commission. Parliament is supreme. We cannot make exceptions based on witnesses called to appear before any parliamentary committee.

Electoral Participation ActGovernment Orders

June 18th, 2024 / 1:40 p.m.


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NDP

Bonita Zarrillo NDP Port Moody—Coquitlam, BC

Mr. Speaker, I want to thank the NDP member for Nanaimo—Ladysmith, who has really opened the debate and discussion on electoral reform in this Parliament.

One of the things the member for Nanaimo—Ladysmith raised today was the opportunity for persons with disabilities to have an independent and private vote in an election, even from home, if we go to what could be telephone voting. I want to know what the member thinks about the fact that there are persons with disabilities who do not have the opportunity to secretly and privately vote in an election because they need an assistant.

Electoral Participation ActGovernment Orders

June 18th, 2024 / 1:40 p.m.


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Liberal

Chandra Arya Liberal Nepean, ON

Mr. Speaker, one of the important things we have proposed is to ask the Chief Electoral Officer to submit a report on how we can make it easier for people with different abilities to actively participate in elections by using whatever technologies are made available.

The member mentioned voting by telephone. I am not very sure that, as of today, the technology is secure enough for any Canadian to vote privately using the telephone as a voting system. Hopefully, in the future, the technology will advance so that every single Canadian, with whatever abilities, should be able to vote privately and securely.

Electoral Participation ActGovernment Orders

June 18th, 2024 / 1:45 p.m.


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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, we hear a lot about diversity in Canada. When I think of diversity, I think of Eid celebrations taking place today in our Muslim community, or Christmas celebrations in the month of December, or Diwali, a festival of lights, light over darkness, and I participate in that. We do not have to be of a particular faith to enjoy or participate in a celebration.

We need to put into perspective that the suggestion brought forward also reflects on the fact that there is a municipal, province-wide election taking place in the province of Alberta, in Calgary and Edmonton, with two million-plus people. Is that not worth at least giving some thought to and, at the very least, sending this legislation to committee? The minister has indicated he will support the will of the committee.

Electoral Participation ActGovernment Orders

June 18th, 2024 / 1:45 p.m.


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Liberal

Chandra Arya Liberal Nepean, ON

Mr. Speaker, I agree with my hon. colleague. There is an municipal election in Alberta, with about two million Canadians participating, and we need to look at changing the date of the election. At the same time, as a Hindu by religion, I do not want it signalled that the Canadian government is making any concessions to Canadians, due to their religious faith and practices, that the election date needs to be changed.

As the hon. member said, Diwali is not just celebrated by Hindu Canadians. Many other Canadians of different religious faith groups also participate, like we participate in all religious faith groups and heritage events of Canadians.

Electoral Participation ActGovernment Orders

June 18th, 2024 / 1:45 p.m.


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NDP

Blake Desjarlais NDP Edmonton Griesbach, AB

Mr. Speaker, I have an interesting question related to the government's commitment to indigenous peoples. It has been very obvious that the government publicly has stated that it supports indigenous peoples' rights, most particularly the United Nations Declaration on the Rights of Indigenous Peoples. Particular to that document, it suggests, in article 5, that:

Indigenous peoples have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions, while retaining their right to participate fully, if they so choose, in the political, economic, social and cultural life of the State.

Does the member have any comments as to when or how the government will continue to advance reconciliation, continue to advance the principles of the United Nations declaration, in particular to this legislation, and ensure that indigenous people can be seen as self-determining and even sovereign if they so choose?

Could the member speak to his support, if he does have it, of indigenous people's pursuit of self-determination and sovereignty?

Electoral Participation ActGovernment Orders

June 18th, 2024 / 1:45 p.m.


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Liberal

Chandra Arya Liberal Nepean, ON

Mr. Speaker, our government has done tremendous work on the reconciliation process with indigenous communities. Even in this bill specifically, I can state that for many indigenous people who live in the northern parts, in the remote parts, we have made specific efforts so that their participation in the electoral process is pain-free.

Electoral Participation ActGovernment Orders

June 18th, 2024 / 1:45 p.m.


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Bloc

Denis Trudel Bloc Longueuil—Saint-Hubert, QC

Mr. Speaker, as is often the case with the Liberals, this is a pretty hypocritical piece of legislation. On the pretext of expanding democracy or access to democracy for senior citizens, students and so forth, we are presented with a bill that is actually aimed at allowing Liberal members at risk of losing their election to qualify for a pension.

If such a thing is even possible in the House, I would like my colleague to tell us in good conscience what he thinks of the substance of this bill. At a time when there is a housing crisis, when senior citizens are struggling and when every dollar is needed to help Canadians, what does he think of the fact that we are spending hours debating and voting on a bill aimed solely at allowing Liberal members to collect a pension? When he looks into his heart, what does he think of this?

Electoral Participation ActGovernment Orders

June 18th, 2024 / 1:50 p.m.


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Liberal

Chandra Arya Liberal Nepean, ON

Mr. Speaker, Canada's Canadian democratic system is the envy of the world. One of the reasons why we are the best in the world is that we always try to improve on what we have now.

The member touched upon students and seniors in long-term care facilities. We have made provisions especially to encourage easier voting by seniors in long-term care facilities and voting by students on campus, which is increasing year by year. In 2015, around 70,000 students voted. That increased to more than 110,000 in 2019, and it will increase much further in 2025.

Electoral Participation ActGovernment Orders

June 18th, 2024 / 1:50 p.m.


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Conservative

Ziad Aboultaif Conservative Edmonton Manning, AB

Mr. Speaker, I will be splitting my time with the hon. member for Mission—Matsqui—Fraser Canyon.

The Liberals call it Bill C-65, the electoral participation act, but maybe it would be more accurately titled as the “Help our friends qualify for a pension act.” Perhaps that was an unwritten part of the deal by which the New Democrats have propped up the incompetent Liberal government for two years, two years that have shown us this was not a good deal for Canadians.

The NDP pharmacare program only covers two types of medication, which is not what Canadians were promised. It is just another broken promise, like so many the NDP have supported.

Now, though, there would be guaranteed pensions for those first elected to the House of Commons in the general election of 2019, pensions they would not qualify for if the 2025 election were held at its scheduled date of October 20, 2025. What a reward for propping up the Liberals.

This bill, rather than encouraging electoral participation, would delay the day when Canadian voters can hold parliamentarians to account in a federal election. In the process, it ensures that taxpayers are on the hook for millions of dollars in pension payments that might not have been required.

The government tells us that the next election cannot be held as scheduled on October 20, 2025, because it conflicts with Diwali, a festival celebrated by many Canadians. The Liberals want to move it a week later, to October 27. It is merely a coincidence that 80 members of Parliament would qualify for a pension on October 26, 2025, a pension they would not qualify for if they were to be defeated on October 20 or if they choose not to offer themselves to the voters once more.

Of course, just about every day is a holiday or a special occasion for someone. October 20, 2025, is Guatemala's revolution day. It is also Heroes' Day in Kenya, Jamaica and the British Virgin Islands. For Jews, it is Sukkoth. Let us not forget the date is also International Chefs Day and World Osteoporosis Day. Serbia will be celebrating Belgrade Liberation Day on that day. In Vietnam, it is Women's Day. In Ukraine, it is breast cancer awareness day. Those are all dates worthy of celebrating, even if the Liberals do not mention them as important enough to mention as a reason for changing the fixed election date.

There is no perfect date for an election, no date that does not conflict with something else for some people. That is why we already have advance polling in place. Even more, those unable to get to an advance poll can vote anytime at the returning office in their riding.

No one is being forced to vote on Diwali. Who is the government trying to fool? The date change is not about Diwali; it is about securing pensions. If that were not the case, why not move the date earlier in October or even into September?

The Canadian Taxpayers Federation tells us that the change means 80 additional MPs would be eligible to collect a pension. The estimated lifetime pension costs, should all 80 of those members lose their seats or opt to retire rather than face voters, is $120 million.

We already know that $120 million means nothing to the Liberals. Having saddled Canadians with record deficits and the biggest national debt in our history, they apparently do not see that as an amount worth worrying about. What they do not seem to realize is that people care about government spending.

Canadians understand debts must be repaid. Canadians know it is ludicrous to pay more on interest to service the debt than we pay on health care. Canadians realize that such a fiscal irresponsibility needs to stop. It is also too bad that Liberals and their NDP allies seem incapable of grasping the simple math involved.

As custodians of the public purse, the $120 million should make us pause and think before supporting this legislation. However, neither the Liberals nor the NDP have shown any understanding of the value of a dollar. They seem to believe that government can spend and spend, and who cares if it is our grandchildren or great-grandchildren who have to pay the bills. All that matters is that they get their pensions.

I am sure that once I am finished and the floor is open to questions, some brave Liberals or New Democrats will point out to me that there are many Conservatives who would benefit if the bill passes. That is true, but Conservatives are united in their opposition to the legislation, even those who stand to benefit if it passes. This is a matter of principle and honour. Conservatives do not believe in changing the rules to benefit themselves.

I would like to list the names of those who are set to benefit from the legislation. The Canadian people need to know who would make money from the change. I think those names should be in the record of the House; however, the rules prevent me from naming them. The rules and conventions of this place, as it is sometimes the case, allow members to pretend that the truth does not matter. What Canadians do know is that when the former members of Parliament receive the pension cheques, money that came from Canadian taxpayers, they will have the former members' names on them.

They will not be addressed to “the minister of the environment” or to “President of the Treasury Board”. Nowhere will the cheques read “payable to the parliamentary secretary” or “payable to Minister of Environment and Climate Change”. Whether they are for the member of Parliament for Edmonton Strathcona or the member of Parliament for Don Valley North, the pension cheques will have their names, the names of real people, but under the rules, I cannot mention those names here.

No wonder so many Canadians are fed up with this place and feel that all politicians are hypocrites. I should point out that any member who would be affected by the date change, anyone who was first elected in the general election of 2019, would be in a conflict of interest if they vote in favour of the bill.

The Conflict of Interest Act is quite clear:

...a public office holder is in a conflict of interest when he or she exercises an official power, duty or function that provides an opportunity to further his or her private interests or those of his or her relatives or friends or to improperly further another person’s private interests.

[Furthermore] no public office holder shall make a decision or participate in making a decision related to the exercise of an official power, duty or function if the public office holder knows or reasonably should know that, in the making of the decision, he or she would be in a conflict of interest.

No minister of the Crown, minister of state or parliamentary secretary shall, in his or her capacity as a member of the Senate or the House of Commons, debate or vote on a question that would place him or her in a conflict of interest.

The House resumed consideration of the motion that Bill C-65, An Act to amend the Canada Elections Act, be read the second time and referred to a committee, and of the amendment.