Government of Canada introduces legislation to modernize the electoral system, making it more accessible, transparent, and secure

OTTAWA, April 30, 2018 /CNW/ - The Government of Canada is committed to strengthening Canada's democratic institutions and restoring Canadians' trust and participation in our democratic processes.

New legislation introduced today will, if passed, result in a generational overhaul of the Canada Elections Act, allowing it to better address the realities facing our democratic institutions in the 21^st century.

If passed, the Elections Modernization Act (Bill C-76) will:

• Ensure a fair and level playing field by putting in place measures to guarantee transparency and fairness in the electoral process;
• Make the electoral process more accessible by reducing barriers for persons with disabilities and Canadian Armed Forces members so they can vote and participate more fully in the electoral process;
• Establish a pre-election period with transparency requirements and spending limits for political parties and third parties;
• Set privacy standards for political parties to ensure the protection and security of Canadians' personal information; and,
• Modernize the administration of elections to make it easier for Canadians to vote and more difficult for elections law-breakers to evade punishment.

The Elections Modernization Act (Bill C-76) focuses on the challenges facing democratic institutions that can be addressed within the Canada Elections Act. The Government of Canada believes that a whole-of-government approach is required to protect and defend Canada's democratic institutions more broadly from cyber threats and foreign interference. The Minister of Democratic Institutions continues to work in collaboration with colleagues across government to ensure our electoral processes are secure.

Many of the measures proposed in Bill C-76 build on the recommendations of the Chief Electoral Officer and the Commissioner of Canada Elections, and were studied by the House of Commons Standing Committee on Procedure and House Affairs (PROC).

Quotes

"The integrity and fairness of Canada's electoral process is of paramount importance. That's why our government is introducing legislation that will update the Canada Elections Act to make it easier for Canadians to vote and more difficult for those who try to break our elections laws to avoid prosecution. Our goal is a strengthened democracy, safeguarded for future generations."
-       The Honourable Scott Brison, Minister of Democratic Institutions (Acting)

"Ensuring free and fair elections requires that the legislation governing our electoral institutions addresses the threats and challenges we face in the 21^st century. This new legislation complements the work being done across government to protect and defend our elections from cyber threats and foreign interference, and will go a long way to ensure that Canadians can continue to have trust and confidence in our democratic institutions."
-       The Honourable Karina Gould, Member of Parliament for Burlington

"Canadians of all abilities have the right to participate in our democratic processes. If passed, this legislation will reduce barriers to participation for electors with disabilities, make our electoral institutions more accessible to all persons, and will encourage political parties and candidates to provide accommodation measures in local communities."
-       The Honourable Kirsty Duncan, Minister of Science, Sport, and Persons with Disabilities

"We ask our women and men in uniform to make tremendous sacrifices to protect and defend our democracy. If passed, this legislation will make voting easier for those who serve in the Canadian Armed Forces."
-       The Honourable Harjit S. Sajjan, Minister of National Defence

Related Products

• Backgrounder: Making the electoral process more transparent
• Backgrounder: Making the electoral process more accessible
• Backgrounder: Modernizing the administration of elections
• Backgrounder: Making the electoral process more secure
• Backgrounder: Empowering political parties to better protect Canadians' privacy

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• Democratic Institutions

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Backgrounder

Making the electoral process more transparent

On April 30, 2018, the Government of Canada introduced C-76, Elections Modernization Act.

To enhance transparency and ensure a fair and level playing field for political actors, C-76 proposes measures that address spending between and during elections. This legislation, if passed, creates a pre-writ period beginning on June 30 of the year of a fixed-date election and ends with the issuing of the writ, limits the length of a writ period to a maximum of 50 days, and ensures spending between elections is subject to reasonable limits.

During the pre-writ period, C-76 will ensure greater transparency by:

• Setting requirement for third parties spending $500 or more on partisan advertising or activities to register with Elections Canada and reporting requirements during the pre-writ period if spending or receiving contributions for $10,000;
• Requiring third parties to use a dedicated Canadian bank account for the payment of election-related spending during the pre-writ and writ periods;
• Requiring the use of identifying taglines on all partisan advertising conducted by political parties and third-parties; and,
• Introducing spending limits for political parties' partisan advertising ($1.5 million*) and for third parties' partisan advertising, activities and election surveys ($10,000* per electoral district, up to $1 million* in total).

During the writ period, C-76 will ensure a fair and level playing field by:

• Prohibiting foreign entities from spending any money to influence elections, where previously they were able to spend up to $500 unregulated;
• Eliminating the pro-rated increase for spending limits for all political entities and limit the writ period to a maximum of 50 days;
• Increasing the spending limit for third parties to $500,000* (a maximum of $4,000* per electoral district) given partisan activities and election surveys would be counted as part of third-party spending; and,
• Prohibiting third parties from colluding to circumvent spending limits.

These and other measures proposed in Bill C-76 would ensure the transparency and fairness of the electoral process before and during the electoral period.

For the complete set of amendments and details, please refer to the legislation text.

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* Estimated limit amount for 2019 (as adjusted to inflation).

Backgrounder

Making the electoral process more accessible

On April 30, 2018, the Government of Canada introduced C-76, Elections Modernization Act.

Building on the recommendations of the Chief Electoral Officer, C-76 proposes updates to the Canada Elections Act that, if passed, will reduce barriers to participation that Canadians may face when casting a ballot or participating in the broader democratic process.

C-76 proposes amendments that will make voting more convenient for all Canadians by:

• Allowing the Chief Electoral Officer to authorize the notice of confirmation of registration (commonly known as a "voter information card") as identification*;
• Creating a Register of Future Electors in which Canadian citizens ages 14 to 17 years may consent to be included*;
• Permitting the option of vouching for identity and residence*;
• Making it easier for Canadians to apply for and obtain special ballot kits;
• Reducing wait times at regular and advance polls by streamlining intake procedures;
• Increasing the hours of advance polls to 12-hour days; and,
• Better serving remote, isolated, or low-density communities by expanding the use of mobile polls.

C-76 proposes legislative changes that will reduce barriers to participation in our democratic process for specific groups of Canadians. For Canadians with disabilities, this includes:

• Expanding accommodation measures to include all persons with disabilities, not just those with physical disabilities;
• Creating a financial incentive for political parties and candidates to accommodate electors with disabilities and facilitate their participation in the democratic process through reimbursement of expenses related to accommodation measures (e.g., accessible format of material, sign language interpretation during an event, etc.); and
• Providing the option of at-home voting for persons with all types of disabilities.

For Canadian Armed Forces members, this includes:

• Reforming the out-dated system of voting for CAF members by providing them with the same flexibility as other Canadians in choosing how to cast their vote.

For Canadians living abroad, this includes:

• Removing the requirement that non-resident electors must have been residing outside Canada for fewer than five consecutive years*; and,
• Removing the requirement that non-resident electors intend to return to Canada to resume residence in the future.*

C-76 will make it easier for Canadians with disabilties and Canadians caring for a young, sick, or disabled family member to run for federal office by:

• Allowing candidates to use their own funds, in addition to campaign funds, to pay for disability-related expenses, childcare expenses, or other relevant home- or healthcare related expenses;
• Increasing the reimbursement rate to 90 per cent for expenses in the aforementioned categories, and exempting them from campaign spending limits.

For the complete set of amendments and details, please refer to the legislation text.

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* Previously introduced in Bill C-33

Backgrounder

Modernizing the administration of elections

On April 30, 2018, the Government of Canada introduced C-76, Elections Modernization Act.

Building on the recommendations of the Chief Electoral Officer, this bill proposes amendments that would modernize the electoral process to make it easier for Canadians to participate in elections, make it more difficult for those who break election law to evade punishment, and improve Canadians' trust and confidence in Canada's electoral system.

This legislation will, if passed, improve voters' experience at the polls – both during advance polls and on Polling Day. These improvements include:

• Giving Canadians more flexibility in their schedules by increasing the hours of advance polls to 12-hour days;
• Significantly reducing wait times at regular and advance polls;
• Expanding accessibility measures for Canadians with disabilities;
• Authorizing the Minister of Immigration, Refugees and Citizenship to provide the Chief Electoral Officer with information about permanent residents and foreign nationals to ensure these individuals are not included in the Register of Electors¹;
• As introduced in Bill C-33, allowing the Chief Electoral Officer to conduct public education and information activities so that Canadians can be better informed about the electoral process; and,
• Allowing the Chief Electoral Officer to permit the use of the notice of confirmation of registration (commonly known as a "voter information card") as identification and allowing the option of vouching for identity and residence.

C-76 strengthens compliance and enforcement by proposing new powers for the Commissioner of Canada Elections. These measures include:

• Restoring the Commissioner's power to lay charges for violations of elections law²;
• Ensuring greater compliance with the portions of the Canada Elections Act related to political financing and minor voting offenses by providing the Commissioner with the administrative option of a monetary penalty; and,
• Providing the Commissioner with the ability to seek a court order to compel testimony.³

For the complete set of amendments and details, please refer to the legislation text.

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¹ Previously introduced in Bill C-33
² This change reverts to the system that was in place prior to 2006 and was endorsed by the Commissioner of Canada Elections, the Chief Electoral Officer, and the Director of Public Prosecutions.
³ In Preventing Deceptive Communications with Electors: Recommendations from the Chief Electoral Officer of Canada Following the 41st General Election, the CEO stated: "The inability to compel testimony has been one of the most significant obstacles to effective enforcement of the Act."

Backgrounder

Making the electoral process more secure

On April 30, 2018, the Government of Canada introduced C-76, Elections Modernization Act.

C-76 includes aspects related to foreign influence and online disruption that the Government of Canada can address within the Canada Elections Act. The Government of Canada believes that a whole-of-government approach is required to further protect and defend Canada's democratic institutions from cyber threats and foreign interference. The Minister of Democratic Institutions continues to work in collaboration with colleagues across government to ensure our electoral processes are secure.

So the Commissioner of Canada Elections can better enforce the law, C-76 provides the Commissioner with the power to lay charges and the power to seek a court order to compel testimony. It also creates a regime of administrative monetary penalties to ensure compliance with provisions¹ in the Canada Elections Act. This system allows the Commissioner of Canada Elections to use monetary penalties, in addition to criminal prosecution, for violations of certain sections of the Act.

If passed, C-76 will update the Canada Elections Act to address foreign influence and online disruption by:

• Prohibiting foreign entities from spending any money to influence elections, where previously they were able to spend up to $500 unregulated;
• Requiring organizations selling advertising space to not knowingly accept elections advertisements from foreign entities;
• Adding a prohibition regarding the "unauthorized use of computers" (drawn from an existing provision in the Criminal Code) where there is intent to obstruct, interrupt, or interfere with the lawful use of computer data during an election period;
• Making more enforceable the current provision of the Canada Elections Act that addresses publishing false statements, by narrowing its scope to information about criminal records and biographical information, as recommended by the Commissioner of Canada Elections; and,
• Prohibiting the distribution of materials, in any form, intended to mislead the public as to the source of the material.

To provide Canadians with more information about who is seeking to influence their opinions, C-76 will, if passed, require third parties to:

• Register with Elections Canada if they spend more than $500 on partisan advertising or activities during the pre-election period;
• Use a dedicated Canadian bank account for the payment of election-related spending during the pre-election and election periods;
• Report on all contributions received for election-related activities; and,
• Not collude with other organizations to circumvent the prohibitions on foreign third parties or the use of foreign funds.

For the complete set of amendments and details, please refer to the legislation text.

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¹ These sections in the Canada Elections Act include: communications rules (part 16), registration and financing requirements of third parties (part 17), political financing rules (part 18) and three provisions set out in Part 1, for individuals who intentionally voted more than once, who voted while not qualified to do so, or voted in the wrong electoral district.

Backgrounder

Empowering political parties to better protect Canadians' privacy

On April 30, 2018, the Government of Canada introduced C-76, Elections Modernization Act.

Political parties play a unique role within Canadian democracy, educating and mobilizing the electorate. Historically, political parties have relied on information provided to them by voters, and by Elections Canada, when communicating with Canadians about issues, events, and engagement opportunities. C-76, if passed, will ensure political parties are doing their part to protect Canadians' personal information, resulting in greater transparency about the ways political parties collect, secure and use data.

If passed, C-76 will require that political parties have a publicly available, easily understandable policy for the protection of personal information containing the following:

• a statement outlining how, and what information is collected;
• a statement on how the party will protect personal information;
• a statement informing Canadians on how the party will use personal information and under what circumstances personal information may be sold;
• a statement on employee training regarding the collection and use of personal information;
• a statement on the collection and use of personal information from online activity and the party's use of cookies on its website; and
• the name and contact information of a designated person to whom privacy concerns can be addressed.

C-76 will also require political parties to submit their privacy policy as part of their application for registration with Elections Canada and will have to maintain it to keep their registered status. They will also have to make it publicly available on their website.

For the complete set of amendments and details, please refer to the legislation text.

SOURCE Minister for Democratic Institutions

(media only), please contact: Nicky Cayer, Press Secretary, Office of the Minister of Democratic Institutions, 613-943-1833; Media Relations, Privy Council Office, 613-957-5420

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