The House is on summer break, scheduled to return Sept. 15

Fair Elections Act

An Act to amend the Canada Elections Act and other Acts and to make consequential amendments to certain Acts

This bill is from the 41st Parliament, 2nd session, which ended in August 2015.

Sponsor

Pierre Poilievre  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

This enactment amends the Canada Elections Act (“the Act”) to require the Chief Electoral Officer to issue interpretation notes and guidelines on the application of that Act to registered parties, registered associations, nomination contestants, candidates and leadership contestants. It also requires the Chief Electoral Officer, on request, to issue a written opinion on the application of provisions of the Act to an activity or practice that a registered party, registered association, nomination contestant, candidate or leadership contestant proposes to engage in.
The enactment also modifies the Chief Electoral Officer’s power under section 17 of the Act so that the power may only be exercised to allow electors to exercise their right to vote or to allow votes to be counted. It also limits the Chief Electoral Officer’s power to transmit advertising messages to electors and requires the Chief Electoral Officer to ensure that any information so transmitted is accessible to electors with disabilities.
The enactment further amends the Act to permit the Chief Electoral Officer to seek approval from parliamentary committees to test an alternative voting process (but where such a pilot project is to test a form of electronic voting, the Chief Electoral Officer must first obtain the approval of the Senate and House of Commons). The enactment also eliminates the mandatory retirement of the Chief Electoral Officer at age 65 and replaces it with a 10-year non-renewable term. It provides for the establishment of an Advisory Committee of Political Parties to provide advice to the Chief Electoral Officer on matters relating to elections and political financing. The enactment also amends the Act to provide for the appointment of field liaison officers, based on merit, to provide support to returning officers and provide a link between returning officers and the Office of the Chief Electoral Officer. It also enables the Chief Electoral Officer to temporarily suspend a returning officer during an election period and provides for the appointment of additional election officers at polling stations. Finally, it empowers registered parties and registered associations, in addition to candidates, to provide names of individuals for election officer positions and changes the deadline for providing those names from the 17th day before polling day to the 24th day before polling day.
The enactment also adds to the Act Part 16.1, which deals with voter contact calling services. Among other things, that Part requires that calling service providers and other interested parties file registration notices with the Canadian Radio-television and Telecommunications Commission, provide identifying information to the Commission and keep copies of scripts and recordings used to make calls. That Part also requires that the Canadian Radio-television and Telecommunications Commission establish and maintain a registry, to be known as the Voter Contact Registry, in which the documents it receives in relation to voter contact calling services are to be kept.
The enactment also replaces Part 18 of the Act with a new, comprehensive set of rules on political financing that corrects a number of deficiencies in the Act. Notably, the enactment
(a) increases the annual contribution limits for contributions to registered parties, registered associations, candidates and nomination and leadership contestants to $1,500 per year and by $25 per year after the first year;
(b) increases the amount that candidates and leadership contestants may contribute to their own campaigns to $5,000 and $25,000, respectively;
(c) permits registered parties and registered associations to make transfers to candidates before their nomination is confirmed by the returning officer;
(d) requires a registered party’s auditor to complete a compliance audit in relation to its election expenses return indicating that the party has complied with the political financing rules;
(e) requires registered parties, registered associations and candidates to disclose details of expenses for voter contact calling services in their returns;
(f) reforms the rules governing unpaid claims, making it an offence for claims to remain unpaid after three years and strengthening the reporting of unpaid claims;
(g) reforms the reporting requirements of leadership contestants;
(h) permits higher spending limits for registered parties and candidates if an election period is longer than the 37-day minimum;
(i) includes new rules on political loans; and
(j) defines “capital asset” for the purposes of reporting the distribution cost of advertising or promotional material transmitted to the public using a capital asset, so that the expense is reported as the corresponding rental value for the period in which it was used, and for the purpose of the disposal of the campaign surplus.
With respect to voter identification, the enactment amends the Act to require the same voter identification for voting at the office of the returning officer in an elector’s own riding as it requires for voting at ordinary polls. It also prohibits the use of the voter information card as proof of identity, eliminates the ability of an elector to prove their identity through vouching, allows an elector to swear a written oath of their residence provided that their residence is attested to on oath by another elector, and requires an elector whose name was crossed off the electors’ list in error to take a written oath before receiving a ballot.
The enactment also amends the Act to provide an extra day of advance polling on the eighth day before polling day, creating a block of four consecutive advance polling days between the tenth and seventh days before polling day. It requires a separate ballot box for each day of advance polling and details procedures for the opening and closing of ballot boxes during an advance poll. Finally, it gives returning officers the authority to recover ballot boxes on the Chief Electoral Officer’s direction if the integrity of the vote is at risk.
The enactment also amends the Act to, among other things, establish a process to communicate polling station locations to electors, candidates and political parties, to provide that only an elector’s year of birth is to be displayed on the lists of electors used at the polls, instead of the full date of birth, to permit candidates’ representatives to move to any polling station in the electoral district after being sworn in at any polling station in the district and to establish a procedure for judicial recounts.
The enactment further amends the Act to change how the Commissioner of Canada Elections is appointed. It establishes that the Commissioner is to be appointed by the Director of Public Prosecutions for a seven-year term, subject to removal for cause, that the Commissioner is to be housed within the Director’s office but is to conduct investigations independently from the Director, and that the Commissioner is to be a deputy head for the purposes of hiring staff for his or her office and for managing human resources.
The enactment also amends the Act to add the offence of impersonating or causing another person to impersonate a candidate, a candidate’s representative, a representative of a registered party or registered association, the Chief Electoral Officer, a member of the Chief Electoral Officer’s staff, an election officer or a person authorized to act on the Chief Electoral Officer’s or an election officer’s behalf. It also adds the offences of providing false information in the course of an investigation and obstructing a person conducting an investigation. In addition, it creates offences in relation to registration on the lists of electors, registration on polling day, registration at an advance polling station and obligations to keep scripts and recordings used in the provision of voter contact calling services.
The enactment further amends the Act to provide for increases in the amount of penalties. For the more serious offences, it raises the maximum fine from $2,000 to $20,000 on summary conviction and from $5,000 to $50,000 on conviction on indictment. For most strict liability offences, it raises the maximum fine from $1,000 to $2,000. For registered parties, it raises the maximum fine from $25,000 to $50,000 on summary conviction for strict liability political financing offences and from $25,000 to $100,000 on summary conviction for political financing offences that are committed intentionally. For third parties that are groups or corporations that fail to register as third parties, it raises the maximum fine to $50,000 for strict liability offences and to $100,000 for offences that are committed intentionally and for offences applying primarily to broadcasters, it raises the maximum fine from $25,000 to $50,000.
The enactment amends the Electoral Boundaries Readjustment Act to authorize the Chief Electoral Officer to provide administrative support to electoral boundary commissions. It amends the Telecommunications Act to create new offences relating to voter contact calling services and to allow the Canadian Radio-television and Telecommunications Commission to use the inspection and investigation regime in that Act to administer and enforce part of the voter contact calling services regime in the Canada Elections Act. It amends the Conflict of Interest Act to have that Act apply to the Chief Electoral Officer. It also amends the Director of Public Prosecutions Act to provide that the Director of Public Prosecutions reports on the activities of the Commissioner of Canada Elections.
Finally, the enactment includes transitional provisions that, among other things, provide for the transfer of staff and appropriations from the Office of the Chief Electoral Officer to the Office of the Director of Public Prosecutions to support the Commissioner of Canada Elections.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-23s:

C-23 (2022) Historic Places of Canada Act
C-23 (2021) An Act to amend the Criminal Code and the Identification of Criminals Act and to make related amendments to other Acts (COVID-19 response and other measures)
C-23 (2016) Law Preclearance Act, 2016
C-23 (2011) Law Canada–Jordan Economic Growth and Prosperity Act

Votes

May 13, 2014 Passed That the Bill be now read a third time and do pass.
May 13, 2014 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “this House decline to give third reading to Bill C-23, An Act to amend the Canada Elections Act and other Acts and to make consequential amendments to certain Acts, because, amongst other things, it: ( a) was rushed through Parliament without adequately taking into account the concerns raised by over 70 expert witnesses and hundreds of civil society actors that speak to a wide array of provisions that remain problematic in this Bill; ( b) prohibits the Chief Electoral Officer from authorizing the use of 'Voter Information Cards' as a piece of voter identification to be used alongside a second piece of identification, despite such cards being a method of enfranchisement and promoting smoother administration of the election-day vote and despite there being no basis for believing that these cards are, or are likely to be, a source of voter fraud; ( c) refuses to legislate the powers necessary for full compliance with, and enforcement of, the Canada Elections Act in light of experience with fraud and breach of other electoral law in the 2006, 2008 and 2011 general elections, notably, the power of the Chief Electoral Officer to require registered parties to provide receipts accounting for their election campaign expenses and the power of the Commissioner for Canada Elections to seek a judicial order to compel testimony during an investigation into electoral crimes such as fraud; ( d) eliminates the power of the Chief Electoral Officer to implement public education and information programs designed to enhance knowledge of our electoral democracy and encourage voting, other than for primary and secondary school students; and ( e) increases the influence of money in politics through unjustified increases in how much individuals may donate annually and how much candidates may now contribute to their own campaigns, thereby creating an undue advantage for well-resourced candidates and parties.”.
May 12, 2014 Passed That Bill C-23, An Act to amend the Canada Elections Act and other Acts and to make consequential amendments to certain Acts, as amended, be concurred in at report stage.
May 12, 2014 Failed That Bill C-23 be amended by adding after line 27 on page 51 the following: “351.11 No third party that failed to register shall incur election advertising expenses of a total amount of $500 or more.”
May 12, 2014 Failed That Bill C-23, in Clause 77, be amended by adding after line 20 on page 49 the following: “348.161 For greater certainty, the requirement referred to in section 348.16 to keep the scripts and recordings described in that section for three years does not preclude the Canadian Radio-television and Telecommunications Commission from establishing a system of voluntary commitments for calling service providers in which they pledge to keep scripts and recordings for periods longer than three years.”
May 12, 2014 Failed That Bill C-23, in Clause 77, be amended by adding after line 20 on page 49 the following: “348.161 For the purposes of determining the period of time during which each script is to be kept in accordance with section 348.16, the three-year period starts from the last time that the same or substantially similar script is used by the same caller.”
May 12, 2014 Failed That Bill C-23, in Clause 77, be amended by replacing line 11 on page 49 with the following: “years after the end of the election period, and provide to the Canadian Radio-television and Telecommunications Commission,”
May 12, 2014 Failed That Bill C-23 be amended by deleting Clause 41.
May 12, 2014 Failed That Bill C-23, in Clause 5.1, be amended by replacing line 35 on page 8 with the following: “under this Act, including information relating to the commission of an offence against a law of Canada or a province by an individual if, in the Chief Electoral Officer’s opinion, there is evidence of such an offence.”
May 12, 2014 Failed That Bill C-23, in Clause 152, be amended by adding after line 11 on page 242 the following: “(1.2) The report shall also include any concerns regarding the powers granted to the Commissioner by the Canada Elections Act.”
May 12, 2014 Failed That Bill C-23, in Clause 97, be amended (a) by replacing line 30 on page 195 with the following: “( a.1) section 351.1 (registered and non-registered foreign third party ex-” (b) by replacing line 4 on page 196 with the following: “( a.1) section 351.1 (registered and non-registered foreign third party ex-”
May 12, 2014 Failed That Bill C-23, in Clause 56, be amended by deleting line 9 on page 32.
May 12, 2014 Failed That Bill C-23, in Clause 7, be amended by replacing line 22 on page 9 with the following: “levels or to any targeted groups.”
May 12, 2014 Failed That Bill C-23, in Clause 7, be amended by adding after line 22 on page 9 the following: “(2) The Advisory Committee of Political Parties, established pursuant to subsection 21.1(1), shall provide the Chief Electoral Officer with its opinion on the impact of this section within two years after the first general election held after the coming into force of this section.”
May 12, 2014 Failed That Bill C-23, in Clause 5, be amended (a) by replacing line 6 on page 6 with the following: “Chief Electoral Officer within 20 days after the” (b) by replacing line 20 on page 6 with the following: “subsection (5) within 65 days after the day on” (c) by replacing line 22 on page 6 with the following: “65-day period coincides or overlaps with the” (d) by replacing line 25 on page 6 with the following: “65 days after polling day for that election.”
May 12, 2014 Failed That Bill C-23, in Clause 3, be amended by replacing line 17 on page 5 with the following: “(2) The mandate of the Chief Electoral Officer is renewable once only; however, a person who has served as Chief”
May 12, 2014 Failed That Bill C-23 be amended by deleting Clause 1.
May 8, 2014 Passed That, in relation to Bill C-23, An Act to amend the Canada Elections Act and other Acts and to make consequential amendments to certain Acts, not more than one further sitting day shall be allotted to the consideration at report stage of the Bill and one sitting day shall be allotted to the consideration at third reading stage of the said Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at report stage and on the day allotted to the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.
Feb. 10, 2014 Passed That the Bill be now read a second time and referred to the Standing Committee on Procedure and House Affairs.
Feb. 6, 2014 Passed That, in relation to Bill C-23, An Act to amend the Canada Elections Act and other Acts and to make consequential amendments to certain Acts, not more than three further sitting days shall be allotted to the consideration at second reading stage of the Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the third day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Democratic ReformAdjournment Proceedings

April 9th, 2014 / 8:05 p.m.


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Liberal

Ted Hsu Liberal Kingston and the Islands, ON

Mr. Speaker, it is a pleasure to be able to revisit my question on Bill C-23, the so-called fair elections act. I want to thank the parliamentary secretary for being here tonight to answer the question. I invite him to deviate from the prepared script and we will have a nice debate here this evening.

My question is about the fact that under this bill, the central poll supervisor would be chosen from a list provided by the candidate or the party that won the previous election in that riding. The problem is that there is no particular reason for making the central poll supervisor another partisan person. I know that there are already officers at each poll who are selected from lists provided by the party that finished first and the party that finished second. They are the deputy returning officers and the poll clerks. The idea is to make sure that at each poll there is someone representing each side of the fight so that at least there is someone from each side to make sure that things are fair. However, we do not need to make the situation more partisan.

Let me explain a little bit about what the central poll supervisor does. In my riding of Kingston and the Islands, there are a couple of places I can mention, Portsmouth Olympic Harbour and Winston Churchill Public School. They have a large room with a number of poll stations. When that is the case, there is a central poll supervisor, who is selected by Elections Canada at the moment. That supervisor's job is to interpret rules, to make calls, and to adjudicate. In short, the supervisor is something like an umpire. If the umpire is partisan or is perceived to be partisan, I think that can hurt public faith in the elections process. It can erode trust and reduce the legitimacy of the government.

I know that the current government likes to talk about how it won the last election, so I think it should be interested in the legitimacy of its own election. If people are feeling that the political system is going to become more stacked against them, people who are already under stress economically, who are wondering if the economy is stacked against them, if the systems and the institutions we have in this country that make it a strong country are stacked against them, I think that is not good for the country. It is not good for the economy and the long-term health of this country.

Let me close with another analogy. Imagine a hockey playoff series, and the team that wins one game in the match gets to appoint the referee for the next game. This is kind of like what is happening.

What is even worse in this case is that the referee has no whistle. The reason for that, of course, in this analogy, is that under Bill C-23, another reason it is a bad bill, Elections Canada and the people who work to make sure elections are fair do not have the power to compel witnesses to testify. For example, in Kingston and the Islands, when someone impersonated my campaign manager, something that was documented, Elections Canada could not compel a witness to testify. When someone told a voter to go from one part of the city to a totally different part of the city to vote, we got some documentation, but Elections Canada could not compel people to testify.

This is like a referee with no whistle. That is why I think Bill C-23 is a bad bill.

Democratic ReformOral Questions

April 9th, 2014 / 2:40 p.m.


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Nepean—Carleton Ontario

Conservative

Pierre Poilievre ConservativeMinister of State (Democratic Reform)

Mr. Speaker, we think it is reasonable to expect Canadians to bring ID when they vote. Now, it is not necessary to bring photo ID. Canadians can choose from 39 options. The fair elections act will require Elections Canada to inform voters of these options so that they can all vote.

Democratic ReformOral Questions

April 9th, 2014 / 2:40 p.m.


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NDP

Niki Ashton NDP Churchill, MB

Mr. Speaker, too many Conservative ministers have a casual relationship with the truth on Bill C-23. The Minister of the Environment is claiming that she was in the provincial cabinet in 2001 and helped to solve a crisis with identification following the September 11th attacks. Yet, she was not even elected until 2004.

The minister claims that every hamlet has photo ID, yet the MLA for South Baffin said that his constituents have to fly to Iqaluit.

Will the Minister of the Environment come clean on voter ID cards for northerners and agree to stop reinventing history?

Democratic ReformOral Questions

April 9th, 2014 / 2:40 p.m.


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Nepean—Carleton Ontario

Conservative

Pierre Poilievre ConservativeMinister of State (Democratic Reform)

Mr. Speaker, the Prime Minister is doing no such thing. He is simply requiring, through the fair elections act, that people present ID when they cast their ballot.

It is not necessary to bring government-issued photo ID, though that is an option. There are 39 different forms of ID that are accepted when people show up to vote. We think that is reasonable, and Canadians agree with us.

Democratic ReformOral Questions

April 9th, 2014 / 2:35 p.m.


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Nepean—Carleton Ontario

Conservative

Pierre Poilievre ConservativeMinister of State (Democratic Reform)

Mr. Speaker, the fact that the leader of the NDP thinks it is indefensible to ask people to bring ID when they vote just shows how out of touch with reality he has become.

There are 39 different forms of acceptable ID that Canadians can use when they cast their ballot. We think it is reasonable in a democratic society for people to bring ID when they vote. That is all that the fair elections act requests.

Employees' Voting Rights ActPrivate Members' Business

April 8th, 2014 / 6:25 p.m.


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Liberal

Judy Sgro Liberal York West, ON

Mr. Speaker, I am very happy to be able to speak briefly to Bill C-525.

I have to say that if the mover of the private member's bill believes that this is so important and is worthwhile, then why does the government not introduce legislation to do what is clearly trying to be done through the backdoor? It is because the government does not have the courage to take its own action and clearly stand up to introduce legislation if it wants to see changes.

Previously we had Bill C-377. Now we have Bill C-525. If government members have some concerns and think that changes need to happen, they should do it the proper way and introduce legislation as a government.

I am happy to have a chance to speak to a bill that according to the government's sponsors is to help empower workers.

Specifically, Bill C-525 would amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, and the Public Service Labour Relations Act to provide that the certification and decertification of a bargaining agent under these acts must be achieved by a vote-based majority through a secret ballot.

Members will forgive my apprehension, but as this bill does come on the heels of the government's last union-busting bill, Bill C-377, I have to wonder again about the real motivations behind it.

Bill C-525 would affect more than 1.2 million employees working as public servants or for an employer under federal jurisdiction. This would include everyone from my own staff to their own staff to the local postmaster to the teller at my local bank or credit union. This means we need to ensure that we get this right, because the bill would impact on real people every day.

The Conservatives have made it clear from the beginning of their term that they are prepared to smash unions at all costs, even when the cost would hurt middle-class workers. Liberals see this as unacceptable. We will be casting our votes in favour of middle-class workers and their families and in favour of fairness and full consultation. If the Conservatives want to change the Labour Code or anything in it, then they should sit down with the partners and discuss those things and make the changes.

My first concern with Bill C-525 is that it proposes to fundamentally change how a union can be formed and dissolved in the federal jurisdiction, yet the evidence shows there is no need, and the major stakeholders have neither asked for this change nor even agreed with it.

Despite the fact that the federal labour relations system is respected and supported by both labour and employers as a result of a genuine and proven consultative and consensus process that has been followed for decades for amending the Labour Code, the bill clearly ignores all the good work that has been done over the years through discussions between labour and the employer as to what changes need to be made. It seems Bill C-525 is again rooted in ideology rather than in sound policy based upon need.

There has been no proven need for the legislation. Those supporting the bill suggest that the rationale for Bill C-525 was a mountain of complaints regarding union coercion of workers. However, according to the Canada Industrial Relations Board, there have only been two founded complaints against unions out of 4,000 decisions in 10 years, so all of this is about just two serious complaints. Even the chairperson of CIRB stated in committee testimony, “It's not a huge problem”.

For labour relations legislation to be effective, it must be developed and implemented by the stakeholders through pre-legislative consultation based upon evidence, not by backdoor government manoeuvring of private members' bills that are, again, based solely upon ideology. This is not the first time we have seen bills that are clearly based upon the ideology of the Conservatives rather than upon substance or science.

Bill C-525 ignores long-established processes and like its sister legislation, Bill C-377, would impose radical changes that are not supported by the stakeholders or by the facts. The result of the legislation would not be labour harmony or efficiency; it would be an upsetting of the balance and stability in labour relations in Canada. This may be what the government is attempting to spark, but it is not in the best interests of employers, workers, or the Canadian economy in the long term.

However, I am not here just to poke holes today. In fact, as someone who has a strong union base in my own constituency, I have seen the positive contributions made to my communities by organized labour over many years. Indeed, this kind of social benevolence is something that has long underscored the labour movement in Canada, and those of us in the Liberal caucus continue to support these middle-class workers and their families very proudly.

Kicking labour around is tantamount to an attack on our communities, and the government should be ashamed of the approach it is taking. Bill C-377 was bad enough, and now Bill C-525 has appeared on the scene. When will it stop?

The bill is neither about union democracy, nor balanced labour relations. Bill C-525 fundamentally changes the way that workers can unionize, without any consultation or support of the stakeholders, and based on zero evidence for its need.

Rather than this kind of knee-jerk approach, the Liberal Party has called for a certification process that, one, allows workers to make free and informed decisions about whether they want to join a union or not, and, two, that has been created through a fair and balanced consensus tripartite process that is based on fact, whereby the changes to be made come from the stakeholders themselves.

Bill C-525 is yet another example of the Conservative government abusing the private members' bill process as backdoor government legislation to promote its ideology, not the views and wishes of the stakeholders or their constituents that would be affected or when the facts at hand show it is not needed.

What are the Conservatives so afraid of? When they tried this very same thing with Bill C-377, their own senators admonished them for doing it. They stymie debate, curtail committee study, and act like their fingerprints are not all over the document.

For example, the human resources committee only studied this for two and a half hours, and almost every witness, including government witnesses, spoke out against the bill. Somehow it sounds a bit like Bill C-23. Specifically, the witnesses that were heard expressed concern over the bill.

George Smith, a labour relations expert, said:

...we are dealing with a private member's bill to amend a significant section of the Canada Labour Code without any view of how this change will impact overall labour relations policy in the federal sector, without any of the necessary due process and public consultation to examine the intended and unintended consequences to such amendments.

Dick Heinen, executive director, Christian Labour Association of Canada, a union that is often viewed as employer friendly, said this about the current card-check system, “It has worked, and I don't know what the problem is. I don't know why we need to change that”.

Elizabeth MacPherson, chair of the Canada Industrial Relations Board, with respect to the effectiveness of the current card-check system, said, “In our opinion, it is working well. With the board having the discretion to decide when a vote must be held, it works”. Why do we need to change it? Why is the government refusing to listen? Is it anything else but clear ideology?

Conservative abuse of this process has been so terrible in the past that the Conservative member for Edmonton—St. Albert resigned from the caucus in disgust. I see that they have learned nothing from the past.

It has already been said that power over a person's wallet is power over their will. That is what Bill C-525 is really all about. As just one example, research has clearly shown that moving from a card-check-based system to a mandatory vote system reduces unionization rates. This is the true motivation behind the bill. Bill C-525 proposes to abolish the card-check model in favour of a mandatory representation vote in all certification applications. It is no more complex than that.

Labour unions have been defenders of employee rights, and they have a long-standing track record of helping our communities in many ways. Of course, unions are not perfect, and there have been many occasions when I have differed with them. However, I do believe in due process. Bill C-525, like its sister bill, Bill C-377, is a partisan attack on middle-class workers and their families. It is wrong, and as the Liberal industry critic, I will be voting for workers and against this sneaky backdoor legislation.

Democratic ReformOral Questions

April 8th, 2014 / 2:40 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, Bill C-23 is an absolute failure. In fact, it is anti-democratic, and, quite frankly, the Prime Minister should be ashamed of himself for the manner in which he is forcing this bill through the House of Commons today.

Today we witnessed the Prime Minister's democratic reform minister verbally assault the Chief Electoral Officer. How shameful it was. We are looking to the minister to do the responsible thing and to recognize that verbally assaulting the Chief Electoral Officer is wrong. He should apologize to all Canadians. When can we—

Democratic ReformOral Questions

April 7th, 2014 / 2:30 p.m.


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NDP

Lysane Blanchette-Lamothe NDP Pierrefonds—Dollard, QC

Mr. Speaker, Sheila Fraser believes that the electoral reform bill would limit the powers of the Chief Electoral Officer to hire the staff needed to hold elections.

Under Bill C-23, the government will have to give its approval before election staff are hired. This is another impediment to Elections Canada's independence that the Conservatives have slyly imposed.

Does the minister feel that the former auditor general's criticism is valid or will he continue to reject constructive criticism?

Economic Action Plan 2014 Act, No. 1Government Orders

April 7th, 2014 / 12:45 p.m.


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NDP

Craig Scott NDP Toronto—Danforth, ON

Mr. Speaker, I wonder if my hon. colleague has any comments on the rationale that was used by the minister of state just now.

I think that in a sort of free of context way, it makes sense to say that all of the consultations that went in to the intellectual property section help to validate why they should move forward as legislation, although not necessarily in the middle of a huge omnibus bill.

The question for my colleague is that if we use that standard, how much of the rest of this omnibus bill would be on solid ground? I am thinking of the FATCA provisions. It seems very clear there has been absolutely no consultation with Canadians who are both American and Canadian citizens.

I also wonder whether or not the minister of state might want to talk to her colleague, the Minister of State for Democratic Reform, to suggest that standard of consultation might well have prevented him from getting into trouble, as he is now on Bill C-23.

Election of the SpeakerPrivate Members' Business

April 7th, 2014 / 11:10 a.m.


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NDP

Kennedy Stewart NDP Burnaby—Douglas, BC

Mr. Speaker, I rise today to speak on Motion No. 489 which requests that the Standing Committee on Procedure and House Affairs study the possibility of adapting a first past the post preferential ballot for the election of the Speaker of the House.

I would like to congratulate the member for Lanark—Frontenac—Lennox and Addington for this motion, which I am supporting.

I would also like to thank the member for Gaspésie—Îles-de-la-Madeleine for all his hard work, on this and other issues. He is an outstanding member of Parliament, and I am very proud to call him my colleague.

I am glad to say that I support this motion, and I support it for two reasons. First, the motion itself has considerable merit. Second, it adds to the spirit of reform that is about this place these days. There are a number of discussions, as the previous speaker mentioned, that are being considered in the House and at the procedure and House affairs committee, and this motion adds to that debate in a positive way.

It is an exciting time in the House of Commons. I am a first-term MP, proudly representing Burnaby—Douglas. It has been a great pleasure to be part of the debates about reforming or abolishing the Senate, changing our electoral system to perhaps proportional representation, establishing electronic petitions, changing our committee system in how we choose committee chairs, and giving members more power over their leaders.

It has been a great pleasure to be part of these debates. However, I must say that my excitement does not extend to Bill C-23, An Act to amend the Canada Elections Act. It is an abomination by my count, roundly denounced by all election experts and democratic protectors right across the country.

However, I will not dwell on Bill C-23, but will focus more on the positive efforts that are before us today. As mentioned by the previous speaker, Motion No. 489 proposes that the PROC committee study the possibility of adapting a first past the post preferential ballot for the election of the Speaker. This would change us from our current practice of having members vote several times, with each round having members with the least of votes being eliminated, and one member receiving the majority of vote eventually elected.

This motion proposes a preferential balloting system in which members would only have to vote once, except in the event of a tie. They would do so by voting for the candidates of their choice in order of preference. This is a common system that is used around the world, and there are plenty of examples for us to draw upon, whether it is through an electoral system or through a selection of speakers.

This morning I was reading the hon. member's speech from the first hour of debate, and was very interested to note that between 1867 and the 1980s, Speakers were elected by an open show of hands, with the Speaker being chosen by the prime minister of the day. It was only in the mid-1980s that the Speaker was elected by a secret ballot vote by members of Parliament.

When we think about how large a change that was, from the prime minister of a majority government essentially hand-picking a Speaker, until now, where we have lessened the power of the prime minister and broadened it to all members of Parliament electing a Speaker by a secret ballot, that is a much better way to go.

That spirit of what was happening in the mid-1980s, to where we lessened the power of the prime minister and put more power in the hands of regular members, is what is creeping into the discussions we have been having in the House during the weeks and months that we have been debating various motions and bills coming before Parliament. Members are proposing adjustments to our parliamentary procedures in an attempt to improve the process, and in some cases lessen the concentration of power in the hands of a prime minister.

I think there is a range of bills and motions that are being discussed here. Some are more on the housekeeping side, making sure that we tidy up our procedural matters, and some are much more radical in nature. I will get to those in a second.

I noted from the speech by the member for Lanark—Frontenac—Lennox and Addington in the first hour that he feels these changes are necessary because the current process takes too long, there is no mechanism currently on the Standing Orders for resolving ties, and he thinks it is important to destroy ballots to preserve the dignity of contestants who do not happen to win the contest.

These are all very good reasons for why we should support this bill. It is a tidying sort of measure, and of course procedure and House affairs committee will go through it to make sure that we get the details right. However, from first glance, it does look like a good thing to do. It is something that would tidy our procedures here, save time for the members, make sure that we have written down the procedures for resolving a tie, and make sure that we preserve the dignity of all people who put their names forward to stand for leader.

However, also in his speech, the member mentioned Motion No. 431, the motion that was put forward by the member for Saskatoon—Humboldt. He does not say that he supports the motion outright. Rather, he said that if both motions survive a vote in the House, which Motion No. 431 did, that they would not only draw upon the same pool of experts to discuss the preferential ballot proposals before us today, but also as to how we might select committee chairs. The member suggested that we should study efficiency, which is what is on his mind here, because he suggests that this pool of experts could be used to look at both motions to inform the procedure and House affairs committee as to whether they should go ahead. It is a good suggestion that we draw upon the expertise that we develop for one motion to look at the other and perhaps save some time.

I would like to make a larger point. The motion before us is not only similar in nature to the member for Saskatoon—Humboldt's efforts to reform how committee chairs are elected, but it is also similar in spirit to my motion, Motion No. 849, with respect to electronic petitions, and perhaps Bill C-559, the reform act, put forward by the member for Wellington—Halton Hills. I look at these as a kind of range in terms of how much they would change the structure of how we do business in the House of Commons.

The motion before us, Motion No. 489, is probably the most modest change that we could make. My idea for electronic petitions, which is currently in front of the procedure and House affairs committee, would adjust our processes a little more radically. Then, when we move to Motion No. 431, with respect to selecting committee chairs from Parliament, that again changes things a little more radically. Finally, Bill C-559, the reform act, would make the most change. Therefore, I would put my motion, Motion No. 489, more in the category of what the member is suggesting here today, a minor change to modernize our processes and make them more efficient.

One of the questions is on why we do these things. Why do we take the time? I only have one motion or bill that would come forward for a vote in the House, as does the member who is putting this motion forward today, as do the other members I have just mentioned. What we are trying to do is to think of ways to make this place better, how we can improve our processes, and how we can make our democracy better for Canadians. Then we look at what is feasible in the House.

The member for Lanark—Frontenac—Lennox and Addington has hit the nail on the head. He has suggested a change that would be palatable to all members of the House, providing it has proper study. I think it is wise of him to do so. What I tried to do with Motion No. 489 with respect to electronic petitioning is to pick something that would perhaps please many members of the House. Hopefully, the procedure and House affairs committee will see that through.

As we move to the other motions and bills that I have mentioned, they are more radical. We will require considerable debate on those motions in order for them to pass.

What it shows is that there is a genuine spirit of reform in this place. We are trying to figure out how we can debate these things and come to a consensus, more or less, on what changes are appropriate. I support this motion because the member has correctly calculated that his changes would more than likely be adopted. He would succeed in reforming this place, maybe not quite in the current form that his motion suggests, but after a discussion at the procedure and House affairs committee there is something that would happen.

Again, I feel positive vibes in this place from various speeches. I am hoping that the member will assist the rest of us who are interested in reform in this place, just as we are assisting him. It is only through this co-operation that we can move the democracy of Canada forward. I think we are all interested in making Canada a more democratic place.

I thank you for the time, Mr. Speaker. It is a pleasure to speak to this motion.

Democratic ReformOral Questions

April 4th, 2014 / 11:30 a.m.


See context

NDP

Jonathan Genest-Jourdain NDP Manicouagan, QC

Mr. Speaker, across the country, first nations communities run into serious problems when it comes time to vote. As we heard in committee, it is hard for many members of these communities to obtain the type of ID card that will be required under Bill C-23.

Why is the minister refusing to amend his bill to prevent thousands of Canadians from losing their right to vote?

Democratic ReformOral Questions

April 4th, 2014 / 11:25 a.m.


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NDP

Alexandrine Latendresse NDP Louis-Saint-Laurent, QC

Mr. Speaker, does the Minister of State for Democratic Reform know Sheila Fraser? If so, has he read her position on Bill C-23? If so, what does he think about the former auditor general's criticism of the electoral reform?

Democratic ReformOral Questions

April 4th, 2014 / 11:15 a.m.


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NDP

Nycole Turmel NDP Hull—Aylmer, QC

Mr. Speaker, the Native Women's Association of Canada provided an eloquent reminder of the significant barriers to the electoral participation of aboriginal women.

By eliminating Elections Canada's education and awareness initiatives, Bill C-23 will exclude even more aboriginal women who are already wary of our electoral system and a government that does not care about their needs.

The government should withdraw its bill and come up with a totally new approach to reform. Will it?

Democratic ReformOral Questions

April 4th, 2014 / 11:15 a.m.


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NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, Canada's former auditor general, Sheila Fraser, who exposed the Liberal sponsorship scandal, feels that Bill C-23 is an attack on Canadian democracy.

When it came time to go after the Liberals, with good reason, the current Minister of State for Democratic Reform mentioned the former auditor general's name 65 times in the House. Today, he is acting as though she does not even exist.

Will the minister listen to Sheila Fraser and withdraw his bill?

Economic Action Plan 2014 Act, No. 1Government Orders

April 3rd, 2014 / 3:25 p.m.


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NDP

Robert Chisholm NDP Dartmouth—Cole Harbour, NS

Mr. Speaker, let me indicate at the beginning that I will be sharing my time. Unfortunately, I do not have much of it, but being a team player, I am sharing my time with the member for Gatineau.

Let me say how disappointed I am that once again debate on this important measure has been limited. We may get 10 hours altogether in debate at second reading on the bill, which means that the vast majority, two-thirds of the members in the House, will not have an opportunity to stand and represent their constituencies. It is shameful.

We are talking about a budget implementation bill of 350 pages, almost 500 clauses, and it amends dozens of bills. The budget for the department that I am the shadow critic for, Fisheries and Oceans, has a budget of $1.6 billion, and I am being given 10 minutes in the House.

The other day we had the opportunity to talk to the minister at committee on the main estimates, and I had 10 minutes that I had to divide among my colleagues in our caucus. The level of accountability by the government is absolutely shocking, frankly. We continue to see it.

One of the things that the Conservatives are changing is something that affects the region I am from, the Atlantic Canada Opportunities Agency. Not only are they getting rid of the Enterprise Cape Breton Corporation altogether, which is losing that voice, that on the ground voice, but they are getting rid of the board of ACOA. They are taking away the requirement that the CEO of ACOA is to report on the progress of that organization in contributing to economic development in the region every five years.

Talk about removing accountability at every step along the way. It seems interesting that ECBC, for example, is being disbanded, at a time when there is an investigation under way by the Auditor General into wrongdoings in the ECBC's decision to provide $4 million in new funding for a new marina at Ben Eoin. One might say that sounds familiar; it sounds a lot like what is happening under Bill C-23, the unfair elections act. Conservatives are getting rid of the provisions that would allow Elections Canada to press forward with charges against some of the Conservative members who have been under investigation for flouting the rules in the way they have prosecuted their own elections.

Again, it is a pattern by the government. It does not seem to give a hoot about democracy and things like fair elections, or about accountability. As I said, for a $1.6 billion budget at Department of Fisheries and Oceans, we get an hour altogether, and most of that is taken up by government in discussion with the minister. It is not good enough, as far as I am concerned, and as far as the constituents that I represent from Dartmouth—Cole Harbour.

I have very few minutes, but I want to talk about some of the things that the government could have done. There are a lot of things that it did that I do not agree with. Some things I do agree with. However, there is a lot that the government did not take the opportunity to do. These are things like investing in innovation, economic development, and high-quality middle-class jobs. We had hoped that Conservatives would continue to build on an existing job creation tax credit for small and medium-size businesses. They decided not to do that.

We wanted them to develop a comprehensive strategy to deal with persistent structural youth unemployment and under-employment throughout this country, to create and help businesses create jobs for young Canadians, and to crack down on the abuse of unpaid internships to ensure young people are paid for the work that they perform.

There is a serious problem occurring in this country, where young people, whether getting out of high school or out of university, are having a terrible time trying to find jobs to match their skills. They are having a terrible time finding jobs to develop experience and pay their own way forward, whether it be supporting a family or going on to post-secondary education. The jobs are not there, and the Conservatives have not come up with a plan to help deal with that, other than the Canada jobs plan which does not help students. It was announced last year, and it is only now being agreed to by some of the provinces. It attacks labour market agreements that provide funding for the most vulnerable Canadians, literacy training and job-readiness training in my province of Nova Scotia and throughout the country.

Provinces were forced, frankly at gunpoint, to sign this deal, knowing they were going to be losing funding that they had already committed for these labour market agreements, supporting organizations like the Dartmouth Learning Network and others throughout my province, and programs throughout the country. It is extraordinarily short-sighted, and an example of the lack of appreciation that the Conservatives have for the complexities of job training in this country.

We had hoped that the government would provide explicit transparent criteria for the net benefit to Canada test in the Investment Canada Act, with an emphasis on assessing the impact of foreign investment on communities, jobs, pensions, and new capital investments. I have heard a lot of employers in my constituency asking me why the Americans can protect jobs in their country but Canada does not seem to care what happens to jobs in this country. People are extraordinarily frustrated that companies that compete in the United States are prohibited from doing that, while at the same time American companies come up and displace Canadian companies.

Finally, we had hoped there would be a study conducted into the methods to encourage value-added domestic production in the energy sector.

There is a long list of things, but one of the things I am particularly concerned about is the fact that the Conservatives failed to restore the ecoENERGY home retrofit program. It was an initiative that worked well and was an investment into the renewable energy sector. It was an investment in Canadians actually taking control of the amount of energy they use and it was a good way forward. In their lack of judgment, the Conservatives have decided not to move in that direction again.

Let me finish by saying how disappointed I am as a member of this House of Commons, the representative from Dartmouth—Cole Harbour, that I participate in debate after debate where the current government is shutting down our democracy. It is taking away my rights as a member of Parliament to examine legislation, to examine budgets, to give voice to the concerns of my constituents on these issues every single day. The Conservatives have been doing it repeatedly.

I am hearing from the people in Dartmouth—Cole Harbour that it is not good enough. They want to ensure that every time I have the opportunity I send that message because they are going to be sending their own message in 2015.