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Meeting Summary – Annual General Meeting of the Advisory Committee of Political Parties – June 21–22, 2010

Recommendations Report

Following a general election, Elections Canada produces a report recommending legislative changes to the Canada Elections Act. The intent of this report is to seek modifications to the Act that will improve the administration of the electoral process and keep pace with Canadians' evolving lives and needs.

The report, tabled in the House of Commons on June 9, 2010, is titled Responding to Changing Needs and refers to the evolving needs of both electors and political entities.

Chapter 1 looks at issues relating to the electoral process and changes that will make it more flexible and efficient while maintaining electors' trust and increasing accessibility. The second chapter deals with issues related to political financing, suggesting ways to improve the integrity and consistency of the current regime. Some of the proposals, if enacted, would reduce the administrative burden imposed on political entities governed by the Act. Chapter 3 addresses matters relating to the governance of the agency, and the final chapter contains a number of more technical or minor recommendations.

Chapter 1 – The Electoral Process

The central objective is to make the electoral process more accessible and efficient while maintaining the trust of electors. Highlights of the recommendations include:

  • Giving the CEO the ability to conduct pilot projects (e.g. new approaches to the organization of the work done at polling sites). The recommendation requires the prior consent of the House of Commons committee that considers electoral matters and establishes a maximum duration for any such pilot project.
  • In order to fully implement on-line registration of electors, allow the CEO to accept identification and authentication methods that are compatible with electronic service delivery.
  • In order to improve accessibility, electors should be able to vouch for more than one member of their immediate family, provided they live at the same address as the voucher. This change would be of particular benefit to young people and Aboriginal families.
  • In order to facilitate recruitment and training of poll workers, electoral district associations or registered parties, rather than the candidates, should provide the names of suitable individuals to the returning officer; and the time period for doing so should be shortened. (This echoes feedback received through consultations.)
  • Review the application of the Expenditure Restraint Act to election workers as it limits Elections Canada's ability to offer more attractive compensation to election workers, some of whom have increased duties resulting from recent legislative changes.

Discussion with ACPP Members

Comments included the following:

  • The concern that the pilot projects currently of interest to Elections Canada do not reflect the mobility rate of Canadians or the progress of technology. The CEO explained, using the e-registration project as an example, that there currently was a prototype being developed in a real environment but that existing legislation limited the possibility of full on-line registration.
  • The concern of some that the nomination by political parties of election workers promotes partisanship. The CEO noted that the work of election workers is governed by a code of ethics and that they work in a transparent context with checks and balances. Others suggested that Elections Canada hire students for these positions. It was noted that Elections Canada already does so.
  • Some members indicated that students are not the only electors attempting to vote outside their constituency – the list includes displaced workers in provinces such as Alberta. Elections Canada was advised that it should make it a goal to develop the technology to allow Canadians to walk into any polling station and vote, essentially eliminating the need to vote in one's own constituency. The CEO noted that a central vision for the agency in the longer term was to bring the ballot box to the voter, as opposed to the voter going to the ballot box.

Chapter 2 – Political Financing

The current federal political financing rules are anchored in the core values of transparency, integrity, fairness and accountability. Canadian legislators have long recognized the need to regulate the role of money in the democratic process. However, numerous reforms – most recently in 2003 and 2006 – have affected the coherence of the rules. Recommendations seek to improve the coherence and effectiveness of the regime by proposing additional control measures where they are currently lacking, while reducing the regulatory burden for political entities in areas where this can be achieved without compromising the integrity of the system.

Highlights of the recommendations include:

  • Registered political parties should be required, if requested by the Chief Electoral Officer, to provide explanations and documentary evidence in support of their election expenses returns. This would remove an inconsistency in the Act and strengthen transparency and accountability in the management of public funds. Because of reservations expressed by ACPP members, an alternative is also proposed in the report whereby the role of party auditors be expanded to include a compliance audit, as opposed to only an accounting audit.
  • Candidates or political parties that exceed their spending limit should receive a reduced election expenses reimbursement.
  • The regime for unpaid claims should be changed to eliminate the existing elements that are ineffective or undermine transparency (such as the requirement to obtain authorization for late payment of claims and the rules for deeming unpaid claims to be contributions). Instead, the proposed regime would focus on ensuring transparency by improving reporting requirements.
  • In order to reduce the regulatory burden on campaigns with no or few financial transactions, the CEO recommended changes to the Act's requirements with regard to opening campaign bank accounts and filing auditors' reports for campaign returns.

Discussion with ACPP Members

Comments included the following:

  • Members expressed their approval of moving away from court proceedings and establishing better exchanges between parties, candidates and Elections Canada.
  • Members also discussed "all-candidates" debates, where certain registered parties are being excluded from debates. Members felt that the reference by Elections Canada to a "reasonable basis for exclusion" was problematic and would like to see clear guidelines that would ensure all candidates are invited to participate in debates. Members felt that if debates were held to benefit only certain parties, the cost for such an event should be covered by the candidates themselves.
  • The CEO encouraged registered parties to share their concerns with regard to the recommendations report with the Chair of the Standing Committee on Procedure and House Affairs and seek the opportunity to present their concerns when the committee held hearings.

Chapter 3 – Governance

This chapter identified areas of governance related to the work of the agency and how it supports the implementation of the CEO's duties. The recommendations in this area cover three main themes: first, increasing the efficiency of the agency's activities through collaboration with other electoral bodies; second, modernizing the communications and exchanges provided for in the Act; and third, improving the management of human resources.

Highlights of the recommendations include:

  • In order to improve collaboration with other electoral agencies, Elections Canada's contracting authority should be confirmed and expanded to allow it to enter into service agreements and common supply arrangements with other agencies.
  • Elections Canada should be given a clear legislative mandate to provide international assistance at the request of the government, as it has done in the past.
  • Elections Canada seeks the authorization to allow a secure, non-signature means of authentication for electronic transactions in order to provide a range of on-line services. These would be targeted not only at electors but also at political entities – for example, when they register, amend their information or produce various returns or statements.
  • While recognizing the right of Elections Canada employees to remain unionized, it recommends that employees not have the right to participate in work stoppages initiated by their respective bargaining agents in the period leading up to and during an election.
  • The Act should be amended to allow the temporary suspension of a returning officer if, for whatever reason, that person is unable to perform the required pre-event or election period activities; and the position of field liaison officer should be defined as an election officer in the Act.

Discussion with ACPP Members

Comments included the following:

  • While there was a mixed reaction, a number of members strongly felt that the right to strike should be upheld and that this recommendation should be removed from the report.
  • With regard to the media's access to polling stations on the day of elections, some members disapproved of granting the media access to enter polling stations and take pictures or videos of candidates. Also, a concern was raised that the majority of candidates would not receive any media coverage. Some members advised that the media be required to cover all candidates at the polling site or else have no access to polling stations.
  • The CEO noted his objective that Parliament be apprised of the consequences of employees striking during an electoral event. He also noted that banning the media completely from polling sites is difficult in practice, and this recommendation sought to establish some balance.