Mr. Speaker, I move:
That Bill C-2, an act respecting the election of members to the House of Commons, repealing other acts and making consequential amendments to other acts, be immediately referred to the Standing Committee on Procedure and House Affairs.
Mr. Speaker, today I have the honour to introduce to the House the new Canada Elections Act. The Canada Elections Act constitutes the operational basis of our democratic electoral system. Our elections act is based on three essential principles: equity, transparency and accessibility.
For close to 30 years now, the Canada Elections Act has been the focal point of an electoral system that has been an inspiration to democracies the world over. Our Elections Act is based on solid principles and orientations. Nevertheless, administrative inconsistencies have developed over those 30 years, and we need to eliminate them and to amend sections of the Act the courts have chosen to strike down.
First of all, I would like to thank the members of the Standing Committee on Procedure and House Affairs for preparing the excellent report on which this legislation is based, particularly the hon. member for Peterborough who chaired its work.
The amendments we propose today are based on the committee's findings and recommendations. The bill also reflects the recommendations contained in the 1991 report of the Royal Commission on Electoral Reform, the Lortie Commission, the proposals submitted in 1993 by the special House committee, and the Chief Electoral Officer's reports to parliament in 1996 and 1997.
As well, the bill reflects discussions between myself and my counterparts in the United Kingdom, as well as the ideas, concerns and initiatives shared with us by large numbers of MPs, senators, members of all political parties, academics, interest groups and ordinary citizens.
Our government is determined to see this bill passed and to implement amendments which reflect the wisdom and collective vision of the hon. members.
Reference to a committee before second reading will permit broader amendments, provided of course that these amendments amend the same statute as is the subject of the bill. Allow me to take some time to describe some of the administrative changes proposed in this bill.
We have proposed that the chief electoral officer be empowered to adjust voting hours for areas that do not switch to daylight saving time. This will address the problem Saskatchewan voters experienced in the last election.
We are also offsetting the impact of inflation since the act was introduced in 1974, increasing the threshold for the disclosure of the names and addresses of campaign contributors for donations and the threshold for receiving the 75% political tax credit from $100 to $200. The voucher expense limit would be increased from $25 to $50. The audit fee expense limit, because it is getting very difficult to hire auditors for $750, would be increased to $1,500.
We have proposed extending voting rights to all returning officers in Canada. We have included amendments to ensure the right to campaign canvassing and the posting of signs in apartment buildings. We have proposed that the enforcement capabilities of the commissioner of Canada elections be strengthened.
In recent years, court decisions have called on the Government of Canada to take a second look at some sections of the Canada Elections Act. We believe that amendments in this legislation are consistent with both the spirit and the letter of those decisions. Our amendments regarding third party spending are a perfect case in point.
We looked closely at the 1996 decision of the Alberta Court of Appeal which threw out the previous spending limits, but we also examined the 1997 Libman decision of the Supreme Court of Canada which said:
With respect...we cannot accept the Alberta Court of Appeal's point of view because we disagree with its conclusion regarding the legitimacy of the objective of the provisions.
The court further stated: “While we recognize their right”—third parties—“to participate in the electoral process, independent individuals and groups cannot be subject to the same financial rules as candidates or political parties and be allowed the same spending limits. Although what they have to say is important, it is the candidates and political parties that are running for election. Limits on independent spending must therefore be lower than those imposed on candidates or political parties”.
We have also placed fairness at the heart of the proposed changes to the rules governing blackouts. Recently the Supreme Court of Canada struck down the 72 hour election blackout on election polls. However, the court did not close the door on giving voters the means and the time to assess polls. Consistent with the guidance of the court, we have required publication of polling methodologies and we have shortened the blackout period.
We have also addressed the issue of blackouts on political advertising. As a result of the decision of the Alberta courts, political parties now remain subject to blackouts on advertising while at the same time there is no such blackout on candidates and third parties. Obviously it is wrong and the same rule should apply to everyone.
We have proposed a new 48 hour blackout period prior to election day on political ads; no ads on election day and the day before for anybody. We want to make sure that the only group to get the last word in a campaign is Canadian voters.
Most recently the Figueroa decision of the Ontario court struck down another provision in the elections act under which a political party that loses its status as a registered party must deregister and liquidate all its assets and turn them over to the receiver general.
We took note of that decision and we responded by allowing third parties that fail to field the required number of candidates during an election to retain their assets subject to certain conditions. The government is however, and most members will know this, appealing that part of the court order holding that a party need only nominate two candidates to become a registered party. The government believes strongly that the existing requirements should be defended.
Every single one of the amendments proposed in the bill, the ones that we have put forward, have put the values and principles of the elections act and Canadians first. In every single case we have asked the questions that are the foundations of the Canada Elections Act. Is it fair? Does it promote accessibility? Does it keep our electoral system open and transparent? I believe that in every case the answer is yes.
Of course this is going to be a non-partisan effort. I look forward to sending the bill to committee and listening to the constructive suggestions of all members of parliament that would permit us to improve the bill, providing that the amendments amend the same acts as those referred to in the bill.
I urge all members of the House to join in support of the bill and to send it to committee. I believe that together we will make it such to maintain one of Canada's most important pieces of legislation as our country and our democracy moves into the 21st century.
I thank hon. members for all the work they have done thus far on improving the Canada Elections Act. I look forward to appearing before the committee, answering all questions from hon. members and working together with them to make this bill better for all Canadians.