Evidence of meeting #118 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 information.
A recording is available from Parliament.
11:50 a.m.
Rivière-des-Mille-Îles, Lib.
—to influence people on one side or the other.
11:50 a.m.
Chief Electoral Officer, Elections Canada
Exactly.
A regime for third parties already exists, but it will be much more comprehensive and complex, I must say.
11:50 a.m.
Rivière-des-Mille-Îles, Lib.
We were just talking about social media. That is where these people can be very active.
11:50 a.m.
Chief Electoral Officer, Elections Canada
Yes, they can be very active on social media. On the other hand, it is important to separate advertising from what is known as organic content on social media. In the case of advertising, whether by a third party, a candidate or a party, they must identify themselves. There are disclosure obligations that apply to social media. That already exists under the current legislation. Under the new provisions, this is going to extend to a period of time before the election campaign. That said, with respect to social media, other elements apply to everyone, such as misinformation.
As for political parties, there are new spending limits set for a specific period before the election campaign. We talked about this last time. These limits will apply beginning at the end of June, if I'm not mistaken, and will apply until the election is called, in an election year. That is new.
There are also measures to ensure that political parties are reimbursed for election expenses related to making their material accessible to people with disabilities. The reimbursement limits are being increased to encourage political parties to convert their existing material into accessible material. This is a new category of reimbursement for party expenses.
In regards to candidates, they have no spending limits before an election is called. They are not subject to that. However, there is a whole new series of rules regarding specific spending that used to be considered personal spending. I am referring to spending related to the need for care related to a disability, whether it is people who support them or for child care. The purpose is to give candidates access to more resources. It will also help them pay for certain litigation expenses they may incur dealing with Elections Canada or the commissioner, in the event of non-conformity or extensions. This will now be separate from the usual political contribution rules. The regime is therefore becoming a little more complex for candidates, but they are not subject to any limits during the period before the election is actually called.
11:50 a.m.
Rivière-des-Mille-Îles, Lib.
Thank you.
With respect to the question my colleague, Mrs. Kusie, asked earlier, you spoke about Canadians who live outside the country. How many people are we talking about?
11:55 a.m.
Chief Electoral Officer, Elections Canada
I think it's closer to 2 million.
11:55 a.m.
Rivière-des-Mille-Îles, Lib.
This includes everyone who works abroad, from the second they plan on returning to Canada.
11:55 a.m.
Calgary Midnapore, CPC
Thank you, Mr. Chair.
My next question is with regard to the youth registry.
In your opinion, are there proper controls or protective measures being put in place to ensure that the information is not shared with third parties?
11:55 a.m.
Chief Electoral Officer, Elections Canada
Yes. That's a good question. It's a concern that's been voiced about the register of pre-voters.
This is information that is going to be retained exclusively by Elections Canada and not given to the parties or the candidates. We are keeping that information, so that we can move them to the register when they are 18, if that's their wish.
11:55 a.m.
Calgary Midnapore, CPC
Thank you.
In addition, we certainly have some concerns with regard to parental controls for both 14- and 15-year-olds. We're concerned with parents providing consent for their youth to be placed on the registry. Do you have any examples of other registries, at home or internationally, where individuals as young as 14 and 15 have been permitted to sign up to the registry? Were there any security concerns with regard to this?
11:55 a.m.
Chief Electoral Officer, Elections Canada
I would be happy to get back to you with that information. I don't believe we have it here.
We know that a number of provinces have registers of pre-voters. The age group may vary, with 16- or 14-year-olds. There's some variance there. I'd be happy to come back with some information on the rules, especially regarding 14- and 15-year-olds and whether there are consent requirements.
As you know, the government bill has taken the approach that 14- and 15-year-olds are able to consent to their inclusion in the pre-register. If that's something you want to consider changing, of course, that's your role.
11:55 a.m.
Calgary Midnapore, CPC
Thank you.
In the spring, one witness mentioned that, although the proposed legislation prevents foreign entities from financing third parties for their advertising efforts or their partisan activity, in its present state the bill “would allow third parties to avoid the disclosure requirements of the act altogether if they simply chose not to register during an election period.”
Do you foresee this to be a problem in future Canadian elections, if the legislation is passed in its current form?
11:55 a.m.
Chief Electoral Officer, Elections Canada
I don't think any legislation can deal with the fact that some people may decide either not to register or register under a false identity, which of course would be an offence. They may be caught and there is always the potential for an investigation. The regime has to assume a certain degree of compliance, beyond which things turn to enforcement. Maybe I don't understand the question.
11:55 a.m.
Calgary Midnapore, CPC
No, you actually sound like a Conservative, Monsieur Perrault. This is similar to our thinking with regard to Bill C-71 and its approach that criminals don't register. Please, continue.
11:55 a.m.
Chief Electoral Officer, Elections Canada
That's true of any entity. Parliament sets out an obligation to report, register and disclose, but if those obligations are not met, there are sanctions and investigations to pursue that. That's the way the system operates. I don't know if there's any way around this.
11:55 a.m.
Calgary Midnapore, CPC
Thank you.
Will the government be able to effectively enforce rules upon third parties that don't register during an election period? Based on your testimony, I'm hearing that it's yes, but not really.
11:55 a.m.
Chief Electoral Officer, Elections Canada
I think that's for the commissioner to answer. The commissioner's work is based on complaints, and the timeliness of complaints is critical. If there's timely information, it helps them to move much more quickly. I think this bill would improve his capacity to investigate by providing the power to compel testimony. That's a very important tool.
He has testified before about the challenges of international enforcement. These are not new, and they are not unique to elections. International enforcement is a challenge. This doesn't mean it's not possible, but it is always a challenge.
11:55 a.m.
Calgary Midnapore, CPC
My last question is largely based on personal interest. If Bill C-76 is passed as it is right now, do you see the potential for any activity similar to what we saw in the last U.S. election with regard to foreign interference?
Noon
Chief Electoral Officer, Elections Canada
I would say that the bill provides a number of tools to address that. When we think about a foreign state trying to interfere in domestic elections, a sanction in provincial court may not be all that relevant to it. However, those offences give rise to the power to obtain search warrants and production orders, so they're important to empower the investigation.
At the end of the day, whether it's through international diplomacy or supported by investigation, that's how these interventions are addressed, and there are measures in this bill that reinforce the capacity to investigate. I do think it's an important improvement. That's why I said, at the outset, that it's important for this bill to pass before the next election.
