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Meeting Summary – Semi-Annual Meeting June 3, 2014

3. Implications of Key Bill C-23 Amendments

A. Presentation – Clear, Consistent Rules: Regulatory Function

The agency's regulatory functions are affected in two respects: 1. Formal mechanism for guidelines; and 2. The Commissioner of Canada Elections moving to the Office of the Director of Public Prosecutions.

Guidelines and Written Opinions

Bill C-23 requires Elections Canada to produce guidelines and written opinions regarding certain provisions of the Canada Elections Act. While guidelines are non-binding, written opinions provided at the request of political parties will be binding on the CEO, the Commissioner and political parties.

The regime is a welcome opportunity to bring political parties into the regulatory process and have their views on the record. However, strict timelines of 60 days for the production of guidelines and written opinions may be difficult for all parties involved. Steps include drafting, translation, consultation in writing with the Advisory Committee of Political Parties (ACPP), and consultation with the Commissioner. In the 15 days allotted for parties to respond, larger parties may have to go through layers of approval, while smaller parties may not have the resources required.

There is also concern about the use of the regime for partisan purposes – that parties may ask for interpretations of something another party is doing. The Act does not allow the CEO to refuse to rule when an opinion is clearly sought for partisan reasons, or when something is under review by the Commissioner.

Commissioner of Canada Elections

As a result of Bill C-23, the Office of the Commissioner of Canada Elections will no longer be part of Elections Canada and will be housed within the Office of the Director of Public Prosecutions. The appointment of future commissioners will not involve consultation with the CEO, and no one who has worked at Elections Canada may be considered for the position.

Open communication between the CEO and the Commissioner, while respecting the amended Act, will be important after the move takes place, particularly in the case of guidelines and written opinions. In addition, in order to enforce the Canada Elections Act, the Commissioner requires an understanding of how Elections Canada administers the Act. Currently, the Commissioner relies heavily on information from and communication with Elections Canada.

Discussion

Board members emphasized the importance of open communication between the CEO and the Commissioner to ensure that the Commissioner understands how Elections Canada works, and for there to be an effort to agree upon guidelines and written opinions. In addition, members recommended that there be protocols for the relationship between the CEO and Commissioner.

Members were concerned with the lack of flexibility, under the Act, for the CEO to refuse frivolous or partisan requests for guidelines and written opinions.

B. Presentation – Communications to the Public and Civic Education in Support of Electoral Participation

Elections Canada plays a lead role in dealing with access and convenience barriers to the electoral process; however, the agency has played only a supporting role in addressing motivation barriers and does not feel it has a lead role in this area. In fact, since the CEO took office in 2007, Elections Canada has restricted its role in this area. During the 2011 election, the only motivational message included in Elections Canada's advertising was a tagline that said "Vote. Shape your world."

With respect to section 18 (public education and information programs), Bill C-23 impacts in the following ways:

  • Civic education is mandated for students from kindergarten to Grade 12. Canada's Democracy Week, which targets youth aged 14 to 30, will be affected by this change. Elections Canada's parallel election program, carried out by Student Vote / CIVIX since 2004, already focuses on K–12 students. In the two years leading up to an election, Elections Canada will consider broadening the youth audience to include 18- to 30-year-olds with events that highlight awareness of the mechanics of registration and voting.
  • The bill calls on advertising during an election to be focused on messages of where, when and how to vote. The most recognized item used to inform electors is the voter information card, which will continue to be sent to registered electors. The "Vote. Shape your world." tagline will be removed from advertising in future electoral events. During his appearance before the Standing Committee on Procedure and House Affairs to discuss the agency's Main Estimates for 2014–2015, the CEO presented the Committee with a document outlining the agency's Electoral Reminder Program, which is the multimedia advertising and information campaign for elections. The document provided information on the goal of the program, the channels that will be used to connect with electors, and the general timing of its rollout.
  • Elections Canada will continue to conduct and share research on the experiences of voters who face barriers to voting with the organizations that represent them.

A series of cross-Canada workshops called "Inspire Democracy: Knowledge for Civic Action" was recently launched by Elections Canada. These workshops seek to better inform youth aged 18 to 24 on where, when and how to vote and to reach youth-serving organizations, help them to understand the issue of declining civic engagement, provide them with tools, and encourage them to take action in the lead-up to the 2015 general election. A national workshop is planned for fall 2014.

Discussion

Board members suggested that Elections Canada focus its attention where there has been clear consensus from Parliament – with K–12 students – and avoid activities that do not fall clearly within the zone of consensus.

Members explained that youth feel disconnected from political parties and lack interest in the partisan nature of election campaigns. They also suggested that elected officials need to really listen to youth and speak to youth about issues that affect them.

Members also urged the CEO to consider Aboriginal youth, many of whom are not served by provincial school boards. They argued that it is important to engage with organizations that are effective in working with Aboriginal youth where they live, and suggested that the CEO develop a strategy for consultation with the Assembly of First Nations and other regional organizations.