Evidence of meeting #109 for Procedure and House Affairs in the 42nd Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was election.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Marc Mayrand  Former Chief Electoral Officer, As an Individual
Michael Pal  Assistant Professor and Director, Public Law Group, Faculty of Law, University of Ottawa, As an Individual
Andrea Furlong  Executive Director, Council of Canadians
James Hicks  National Coordinator, Council of Canadians with Disabilities
Réal Lavergne  President, Fair Vote Canada
Ryan O'Connor  Lawyer and Director, Ontario Proud
Clerk of the Committee  Mr. Andrew Lauzon

10:35 a.m.

NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Because I like specific examples, let's look at that. Let's say somebody is setting up a misinformation robocall scheme, sending voters to the wrong polls and putting out misinformation. Does Bill C-76 do enough to prevent that threat from happening again?

June 4th, 2018 / 10:35 a.m.

Former Chief Electoral Officer, As an Individual

Marc Mayrand

That was done before, in Bill C-31. Again, so far, it makes an improvement here by requiring those who place those calls to keep a list of the calls they place and provide that to the CRTC. There is an improvement—

10:35 a.m.

NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Let me go to privacy. I'm thinking through your testimony, and I think this was the one aspect that you were most clear on in terms of the shortcomings of the bill.

In terms of the application of basic privacy laws to the political parties, you've said this bill fails to set proper standards and lacks oversight—I'm paraphrasing—but there are no significant penalties. Why is this so important? A lot of Canadians would ask why it matters that parties are not subject to privacy laws. All Bill C-76 does is say “please post your policy on the web”, but that's it. It doesn't change any of the fundamental wording....

10:35 a.m.

Former Chief Electoral Officer, As an Individual

Marc Mayrand

I have to find it.

10:35 a.m.

NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Yes, you have to find it.

10:35 a.m.

Former Chief Electoral Officer, As an Individual

Marc Mayrand

I tried over the weekend. That's why I'm saying—

10:35 a.m.

NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

I'm sure Canadians will be digging through party websites to find their policy statements around privacy. What is the missed opportunity here in terms of subjecting parties to proper privacy laws?

10:35 a.m.

Former Chief Electoral Officer, As an Individual

Marc Mayrand

I think it's well known, in a sense, that parties.... We're in the era of data. Data is key to political parties in terms of engaging their supporters, identifying them, and maybe moving some neutral electors towards their views. Data is key. We are not sure how it's collected. We're not sure how it's being used. We're not sure how it's being shared. We're not sure about the accuracy of that data. Also, there's no real way for a Canadian to find this out: what exact information is being tracked on me? There is—

10:40 a.m.

NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Why is that a problem?

10:40 a.m.

Former Chief Electoral Officer, As an Individual

Marc Mayrand

I would like to know whether I'm seen as a supporter or an opponent, or what category I'm in and what kind of information you have on me, and where this information comes from if it doesn't come from me.

10:40 a.m.

NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Also, if somebody is misusing your information and selling it, for example, which is still, I understand, permitted under the law and would still be permitted under the law if this bill were to become law, as it's written right now....

10:40 a.m.

Former Chief Electoral Officer, As an Individual

Marc Mayrand

Yes. Hopefully, it will be with consent. If not, I think it's—

10:40 a.m.

NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

You say “hopefully”. Hope is a wonderful thing to have. Does Bill C-76 require parties to seek the consent of voters before selling their data?

10:40 a.m.

Former Chief Electoral Officer, As an Individual

Marc Mayrand

I would have to double-check, but probably not.

10:40 a.m.

NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Let me answer my own question: no.

For a private entity, a bank or any association you belong to that has your information, under privacy laws in Canada, they would have to divulge, first of all, the information they have on you as a citizen. They would also have to inform you if they ever sought to sell your information. Political parties are in a special category.

10:40 a.m.

Former Chief Electoral Officer, As an Individual

Marc Mayrand

They're in a no-rules territory in that regard. There's nothing there.

10:40 a.m.

Liberal

The Chair Liberal Larry Bagnell

Thank you very much.

Ms. Tassi.

10:40 a.m.

Liberal

Filomena Tassi Liberal Hamilton West—Ancaster—Dundas, ON

Good morning. Thank you for your presence here today. We really appreciate your expertise and your testimony.

Let me begin with this. Overall, what's your feeling on this legislation? How do you feel about Bill C-76?

10:40 a.m.

Former Chief Electoral Officer, As an Individual

Marc Mayrand

As I indicated earlier, it's a sound piece of legislation. I think it deserves the scrutiny of Parliament, but at the end of the day, maybe with some improvements, it should become law. I think it would make a real difference for electors.

10:40 a.m.

Liberal

Filomena Tassi Liberal Hamilton West—Ancaster—Dundas, ON

Why do you say that?

10:40 a.m.

Former Chief Electoral Officer, As an Individual

Marc Mayrand

Because it's much more inclusive and accessible. It makes the system much more inclusive for electors and for candidates. I'm thinking of those with disabilities, who would benefit greatly from this piece of legislation. I'm thinking of the youth, who would benefit greatly from this legislation.

It would allow Elections Canada to move more aggressively on modernizing services so that, again, you would avoid the waiting lines at the polls. It would become a lot more efficient in terms of serving electors. Importantly, also, it will enhance the integrity of our system.

For all those reasons, I strongly support the legislation. I've pointed out a few areas that to my mind could be improved.

10:40 a.m.

Liberal

Filomena Tassi Liberal Hamilton West—Ancaster—Dundas, ON

Okay, I'd like to dig a little bit deeper on some of the points you have just raised. With respect to youth, how do you see this legislation to be encouraging youth?

10:40 a.m.

Former Chief Electoral Officer, As an Individual

Marc Mayrand

There are a few things. First of all there is the education mandate of Elections Canada, which is expanded to anchor its civic engagement, particularly among youth.

There is preregistration of youth for 16- to 18-year-olds, which should over time make a real difference, because, as I think you've heard before, 18- to 24-year-olds represent the segment that has the lowest registration rate among all demographic groups, all age groups. Preregistration would allow Elections Canada to engage them early, when we know where they are, and it would allow Elections Canada to reach them when they reach voting age.

The other provision in there is facilitating the recruitment of young people to work at the polls. I certainly welcome that.

These are all small measures that individually, over time, if they are well done, should improve engagement in civic education among youth about our democracy.

10:40 a.m.

Liberal

Filomena Tassi Liberal Hamilton West—Ancaster—Dundas, ON

I'm very glad to hear your support for that. I've worked with youth for over 20 years, and I think their engagement is extremely important.

There has been some concern raised with respect to the privacy of information with regard to the early registration of youth. Do you have any concerns in that regard with respect to Bill C-76?

10:45 a.m.

Former Chief Electoral Officer, As an Individual

Marc Mayrand

That information, as far as I can tell, is not to be shared with anyone. It's on the Elections Canada registry. It's protected. It's behind firewalls. It's well protected, and Elections Canada is always looking at security threats and IT threats and taking the most advanced measures to protect against those.

I didn't see any provision in the bill that would allow the sharing of the information in that register.