Thank you very much. I have submitted a brief to the committee, and it has been translated and circulated. I will try to stay strictly within the five-minute limit and make five brief points in five minutes so the chair doesn't have to bring down the guillotine on me.
The first point, and an integrating theme of my brief to the committee, is that Bill C-76 is an excellent illustration of how technical and complicated election law has become in response to changing social, technological, and political activities within Canada and elsewhere. Under those conditions, Elections Canada needs a very diverse and flexible set of policy tools in order to plan for and execute elections. In other words, unlike the traditional Canada Elections Act, which is very detailed and prescriptive, we need a future act that grants broader authority to the professionals within Elections Canada. Bill C-76 goes some way in this direction. It grants the CEO of Elections Canada more authority to conduct the operations of the election, it grants the commissioner administrative monetary penalties, and it makes use of written interpretations and opinions, and so on.
Second, overall, this bill is worthwhile. I endorse it in general terms. I endorse the features that are brought forward from Bill C-33 that made changes to the more problematic features of the so-called Fair Elections Act. I like some of the new features that are included within the bill, such as the creation of a pre-writ period ceiling on party and advocacy advertising, tags on all advertising, and so on.
Then I shift in my brief to three concerns I have. The greatest disappointment for me is the failure to bring political parties under the provisions of the privacy acts in Canada and to provide a route to address privacy concerns through the Office of the Privacy Commissioner. This bill essentially says that the parties will be left to regulate themselves with respect to privacy practices. Not my preferred one, but a second-best solution would require the Privacy Commissioner, not Elections Canada, to give the parties' privacy policies and practices a Good Housekeeping seal of approval. On the second part of that concern, another option I would suggest is that annually the parties publish online a statement of what has gone on with respect to their privacy activities, including the education of their members and staff, and so on, on any privacy complaints that have come up.
My fourth point has to do with the flow of foreign money and foreign influence into Canadian elections. As I read the bill, and I'm not a lawyer, there appears to be a loophole in the bill that allows for the commingling of foreign and domestic funds, including the support to advocacy groups, third parties as they're called in the bill. I don't see any easy fix to this problem through legislation or regulation, but I note the provision in the bill for a prohibition on collusion. It may be over time, through the operation of the collusion clause, that precedents will develop that will restrict but probably not eliminate completely the potential for foreign influence in Canadian elections.
My fifth point and final concern has to do with the pre-writ period beginning on June 30. The point I'm making there in the brief is the need to align the timing of restrictions on partisan and advocacy advertising with the ban on government advertising that currently flows out of an administrative policy statement. It is not based on legislation. That ban requires the ads to stop 90 days before voting day. The two periods should be aligned so that you set up a situation where the government is, in effect, in a caretaker situation and any benefit that might come to the governing party from government advertising would be eliminated.
My final observation is that this bill should have been proceeded with much earlier, or an earlier version of a bill, perhaps. It has been left late.
I know the professionals at Elections Canada do their utmost to execute the provisions of the bill, but we have to get into the habit of treating these deadlines for planning an election more seriously.
Thank you very much. I look forward to questions.