Mr. Speaker, it is a pleasure to rise today to speak to Bill C-76, the elections modernization act.
In my own family, one of the things I have always placed a lot of importance on is to take my children to the voting booth with me when voting, and to keep emphasizing the importance of people being involved in the electoral process and getting out to vote. This bill goes to that very point, so it speaks very strongly.
Among the bill's provisions are measures that affect the Commissioner of Canada Elections. The commissioner is a non-partisan official responsible for investigating potential electoral issues, such as voter fraud or financial irregularities. He or she is supported by an investigations directorate made up of investigators, lawyers, and communications and administrative personnel.
Our government made a commitment to Canadians in the last election to reverse the changes in the former Harper government's so-called Fair Elections Act that made it harder for Canadians to vote, or made it harder for our elections laws to be enforced. Bill C-76 delivers on that commitment.
When it is passed, this legislation would return the office of the commission to Elections Canada. This relationship would create several advantages for the commissioner. This change would help increase the independence of the commissioner from the government of the day. It would also help ensure that the commissioner and the Chief Electoral Officer are better coordinated in enforcing our election laws. Not only does Bill C-76 deliver on this important election commitment, but it goes further in providing new tools and powers to the commissioner.
Currently, the staff of Elections Canada are ineligible for consideration for appointment as commissioner. Elections Canada offers an obvious recruiting ground for personnel who are very familiar with the issues that arise in our democracy. Bill C-76 would restore Elections Canada's status as a source of candidate recruitment.
At the same time, however, I would emphasize that it is also important that the Commissioner of Canada Elections be independent, not only from the government of the day, but also from the Chief Electoral Officer. The bill before us adds an explicit statement that the commissioner's investigations occur independently of the Chief Electoral Officer. The bill also explicitly authorizes the commissioner to independently publish an annual report.
Under the bill before us, rather than having to first obtain authorization from the director of public prosecutions, commissioners would be able to lay a charge of their own initiative. The police and almost all federal regulatory investigators have such a power. As with most federal offences, the investigator would be the one to lay the charge, and the director of public prosecutions would be the one to prosecute. Giving the commissioner the power to lay charges would reduce the likelihood that delays might detract from the effective enforcement of the Canada Elections Act. Such delays present risks that witnesses may not be available or that their memories may fade.
The bill before us also provides the commissioner with the power to compel witnesses to provide testimony. Most Canada Elections Act offences are effectively enforced without recourse to a power to compel testimony. However, there are exceptional cases, such as allegations of electoral fraud, where the commissioner may need to secure a court order to compel witness testimony because some electoral offences are extraordinary in nature and enforcement is time-sensitive. Safeguards such as protection against self-incrimination, a statutory recognition of the right to counsel, and a requirement for an examination to be conducted in private would help ensure compliance with the charter.
The Canada Elections Act, as it stands, provides almost exclusively criminal sanctions for contraventions of the act. This approach is costly, time-consuming, and procedurally onerous. As a result, violations of Canada's electoral law are often not being dealt with in an efficient and timely manner.
For example, the act stipulates that the official agent of an electoral district association must file information within 30 days following the election. Filing such a return just a few days after its due date is an offence under the act, despite the fact that neither the amount of harm caused, nor the degree of wrongdoing in such circumstances would be likely to make a criminal prosecution worthwhile. As a result, such minor contraventions of the act may not be acted upon, or there may be a delayed response to them.
Administrative monetary penalties, or AMPs, would give the commissioner the option to enforce the act through penalties that would more suitably match the infraction. The AMP could be increased if the offence is repeated or is of a continuing nature. The bill would also allow the commissioner to enter into compliance agreements with entities such as political parties or municipalities instead of with persons only, as is currently the case. It would also broaden the terms and conditions that may be negotiated, thus lending further flexibility and effectiveness to the commissioner's use of this important compliance tool. I would point out that a number of these changes have been called for by the current commissioner himself, as well as by the Chief Electoral Officer.
I have been dealing with the proposed changes to the authorities assigned to the Commissioner of Canada Elections, but let me turn briefly to some of the measures in the bill that would affect Elections Canada.
In his report on the 42nd general election, the Chief Electoral Officer proposed changes to political finances that would streamline reporting and harmonize rules among the various political entities. Further, this bill would deliver on the Minister of Democratic Institutions' mandate commitment to review the spending limits on political parties and third parties. Our government is proposing a new regime to bring transparency and fairness to spending, not just during the electoral period but also in the run-up to the election.
Bill C-76 would deliver on our government's commitment to protect, strengthen, and improve our democratic institutions. It would deliver on important election commitments made by our government. Bill C-76 would also go further in providing Elections Canada and the Commissioner of Canada Elections with new powers and tools to better enforce our rules.
Modernizing our elections should be a priority for all members and I hope they support this legislation. I know it is an important issue for so many people in our communities and that it is so important that we maintain the integrity of the way our elections are held.
I am very pleased to have had this opportunity to speak in support of Bill C-76 and in favour of modernizing our Elections Act. This is an important step for all of us and I know that members will be in favour of it, because it is important to many of us that we maintain a system of integrity, create opportunity for people to vote, and bring down some of the barriers put in place and hindrances created by the previous government. We need to encourage people to get out to vote. Rather than trying to suppress voting, we need to make sure that people have these opportunities and use them. I have been very pleased to speak in favour of this bill.