Summary of Bill C-19 debates at second reading (House) – CEO Appearance on Bill C-19, An Act to amend the Canada Elections Act (COVID-19 response)

Minister LeBlanc noted that the government is open to work with other parties on amendments to the Bill.

Ordinary polling days

• CEO noted in his report issues with finding polling places and election workers during the pandemic. The Minister pointed out that Bill C-76 allowed EC to hire 16- and 17-year olds, and that the Bill would also provide more opportunity to find polling places, including non-traditional polling places like arenas.
  • When asked if the government would consider allowing slightly less accessible locations, especially in small communities where the long-term care facility is often the most accessible place, Minister LeBlanc said that the Government would not decrease accessibility requirements, but has faith that EC will find the best way to allow people to vote without limiting accessibility.

Vote by mail / special ballot

• Mail-in voting is safe and secure, and is instrumental in allowing those who cannot vote in person to vote; EC has years of experience with mail-in voting.
• To simplify registration, the Bill includes online application and ability for EC to use information already in its possession to identify electors.
• The Bill proposes installation of secure mail-in boxes at polling locations, and allows electors to change their mind and vote in-person by returning their ballot or sign a declaration. EC has a number of measures to protect the integrity of the vote.
  • When asked about openness to amendments at committee, particularly in-person registration at Canada Post locations and on campus voting, Minister LeBlanc responded that it is always the government's intention to work with other parties, and noted that voting on campus is important and something he would welcome the opportunity to work on with the member. He also referred to the idea of registering at Canada Post as "interesting".

Long-term care (LTC) facilities

• The Bill takes a number of steps to ensure residents can safely exercise their right to vote, and allows EC to customize voting options according to the needs of the facilities.

CEO power to adapt the Act

• CEO would have authority to adapt the Act in order to protect voters and election workers, who are often older individuals. We will need to ensure older workers can work without compromising their safety.

Other

• The Bill would assure workers and electors of safety and accessibility of election should an election be required. There is no rush to pass the Bill, but it is necessary to be ready at any time in a minority situation.

The Conservative Party is open to amending the Canada Elections Act to ensure safety during the election, and voiced hope that the government would work with other parties in good faith to make changes.

Vote by mail / special ballot

• Accepting mail-in ballots after the polls close on election day opens up the process to suspicions of fraud. Ballots should be postmarked a week before election day, or electors can drop then in secure boxes.
• Stated concern that mail-in ballots will be sent to Ottawa to be counted.
  • K. Lamoureux (LPC) and D. Blaikie (NDP) corrected B. Vis and noted that mail-in ballots will be counted locally.
• To apply for special ballot, voters should be required to present proof they are citizens over the age of 18.
  • When challenged in terms of proof of fraud related to mail-in ballots, B. Vis repeated his trust in local elections workers and noted his pride in the Canada Elections Act and the importance of getting changes to the Act right.

Long-term care (LTC) facilities

• CPC has concerns about the risk of external COVID-19 infection for long term care facility residents; polling stations should be open during the 13-day period for the minimum amount of time needed for residents to vote.

CEO power to adapt the Act/Section 59

• The Bill gives extensive temporary powers to the CEO. There should be "very clear and transparent schedules" available so that all Canadians know the context of a decision made by the CEO.
• Clarity is needed on any decisions of the CEO to recommend that the writs be withdrawn; lack of clarity over the use of this provision would sow confusion and lack of trust.

Sunset clause

• The Bill is lacking a fixed-date sunset clause to ensure these changes are temporary.

Other

• Expressed concerns about party scrutineers not being able to witness counting of ballots because of the pandemic.

The Bloc Québécois is in favour of the Bill in principle to protect public safety.

Ordinary polling days

• This bill provides four days of advanced voting and three of advance voting, thirteen days of voting in long term care and opportunities to vote throughout the election. The BQ does not want to see these extra opportunities lead to irregularities.
• The BQ is unsure why Monday is needed when there are so many other opportunities to vote during the election. The CEO understands the logistical challenges of finding polling places and workers and recommended Saturday and Sunday. For Monday, some voting locations would have to change, and it may be more difficult to find election workers.

Vote by mail / special ballot

• Argued that the counting of mail-in ballots should be done in ridings.
• Expressed concern about voter fraud and suggested that mail-in ballots could be due Friday before the vote so that those who voted by mail would be struck from the list before ordinary polling day(s). This would ensure that people cannot vote twice, but would also allow people to vote in-person if they missed the mail-in deadline.

Candidate signatures

• Bill should allow for candidates to collect necessary signatures electronically.

Other

• Government in such a rush to have an election that it tabled this Bill before PROC could table its recommendations.
• Opportunities to change the electoral system and update political financing (per vote subsidy) are missed in this bill. Changes during a pandemic could have allowed for per-vote subsidy to make up for difficulties in fundraising rather than political parties receiving the wage subsidy.

The NDP is glad that Parliament is considering changes to allow for safer voting during a pandemic.

Vote by mail / special ballot

• There needs to be some discussion about what the cut-off for mail-in ballots should be, keeping in mind electors who applied and sent back their ballots in good faith, but may have been delayed by various factors.
• It would be tragic if electors could not vote because of administrative deadlines. Open-mindedness is required as there may be more delays during a pandemic.
• Canada Post is a good resource where electors could apply to vote by mail; Canada Post employees already check identification for a number of mail-related matters.
• EC needs to maintain access to vote on campus for students, or those working on campus.

Long-term care (LTC) facilities

• There are some things in the Bill, like holding one polling station per institution, that are important to allow EC to have flexibility and prevents people moving between institutions.
• PROC should consider whether anything is needed legislatively with regard to scrutineers in long-term care facilities.

CEO power to adapt the Act

• The changes in the Bill makes sense as the CEO will need to adapt things on the fly if there is an election in the pandemic.

Candidate signatures

• The collection of nomination signatures cannot be done door to door during a pandemic, so there needs to be discussion about how that can be done.

The Green Party noted support for the Bill.

Other

• The GP is disappointed that there is nothing in the Bill about misinformation spread by political parties, and noted the importance of truth in advertising rules.
• The Bill lack changes to the electoral system.

The government is committed to working with parties to pass the legislation, and hopes to see the Bill go to committee soon.

Ordinary polling days

• Three days of voting will allow more access for electors, and will encourage physical distancing at polls. The change also allows electors to choose the best time for them to vote.

Vote by mail / special ballot

• Bill will temporarily enhance mail-in voting for electors; accessibility is even more important during pandemic. Voting by mail is a safe and accessible voting option. EC has a long history of experience administering mail-in voting, with extensive integrity measures and safeguards in place.
• Jurisdictions that have held elections during the pandemic have seen a steep increase in the use of mail-in ballots.
• Seniors will largely benefit from mail-in ballots to ensure they do not become disenfranchised.
• The ability to apply online will limit in-person contact, however those without access to internet or who are uncomfortable registering online will be able to register in-person.
• Electors will be able to use an ID number instead of their identification documents when registering to vote online. This is temporary and electors must give their permission to use this number.
• With respect to allowing mail-in ballots to be counted after election day, most ballots will be received by election day, but it is important to ensure all electors have the ability to have their vote counted.

Other

• With respect to the time for coming into force, EC has consulted and received input and is well on its way to put procedures in place to ensure that if an election is called during the pandemic it will be safe and accessible.

The Conservative Party questioned why so many Liberal MPs were speaking during debate if the government is interested in moving the Bill to committee quickly.

Ordinary polling days

• Any measure to allow for more time and more spacing of electors is helpful, and keeping the traditional Monday polling day would assist those who cannot get to the polls on the weekend because of transportation issues.
• Government should consider changing the time polling places are open on weekends in order to not eliminate some polling location options, like churches that may be used on Saturday or Sunday.
• Extension of voting hours can be taxing on election workers, especially seniors.

Vote by mail / special ballot

• Strongly recommend longer election period to allow for additional mail-in ballots to be processed.
• Secure drop boxes are a very good idea for those who wait to the last minute or don't think Canada Post will get their ballot to EC on time.
• With respect to allowing for counting of ballots after election day, we already have a tried and true election process and have to be careful not to make unnecessary changes. Measures like secure drop boxes will mean this is not required.
• Electronic application is attractive to voters, but we have to consider some people don't have access to printers or copiers to send copies of their ID.
• Need to make sure a mechanism to prevent double voting is in place; counting at local offices will help this as they can look at the list to see who has voted.

Long-term care (LTC) facilities

• Facilities are looking for a minimum amount of interaction to limit risk of COVID; this Bill provides for voting for much longer than those facilities would like.
• Consideration could be given to election workers in those facilities having priority access to vaccines, or rapid testing.

CEO power to adapt the Act

• There needs to be some sort of oversight of adaptations to the Act to protect the democratic process; perhaps a member of each party represented in the House could ensure changes are fair for all.
• The "health or safety of electors or election officers" included in the Bill needs more definition, which could be discussed at committee.

Sunset clause

• Noted that sunset provision is in the summary but not in the bill. There should be a statement in the Bill to note that the changes are temporary, or that they will be over by a certain time, like the end of the pandemic. Candidate signatures

Candidate signatures

• There needs to be clarification on the collection of nomination signatures and how scrutineers will work during ballot counting.

Other

• The Bill will not come into effect until 90 days after Royal Assent, but some ROs have already been trained on some of these changes, which is not acceptable before the Bill passes.

The Bloc Québécois did not state a position on moving the Bill to committee during today's debate.

Vote by mail / special ballot

• Votes being received by mail until the day after the election could create uncertainty because it would defer the announcement of the results.

Ordinary polling days

• An election held on a two-day weekend would assist with recruitment of election workers, especially younger workers.

The NDP would like to see the bill proceed quickly to committee because of the minority government situation.

Vote by mail / special ballot

• There are many countries where results are not known immediately, and it's not the end of the world. It's okay to have time to count after the day of the vote, but this needs to be discussed more at committee.

Timing/Coming into force:

• Regarding the timing of the Bill, it was important for the government to table the legislation before Christmas so MPs could know what the government was thinking and have time to deliberate; however, it's unfortunate it's taken so long to get to debate.
• It's likely already too late for these changes to be made for an election before summer; it would be good to hear the PM commit to not calling an election before summer.

Candidate signatures

• The collection of nomination signatures is a critical issue and something the committee should look at.

Other:

• It is incumbent among all MPs to work to avoid an election during the pandemic. Apart from a public health risk, there is also a risk of disenfranchisement as electors may decide the risk to their health is too much, or they may face other barriers to vote (i.e.: transportation).
• The experience in Newfoundland shows how the pandemic can affect an election.

LPC MPs did not speak to the Bill, but asked a number of questions and made comments in response to CPC MPs' remarks.

CEO power to adapt the Act

• A. Vaughn expressed that he doesn't agree with the idea of parties having oversight of CEO's power to adapt.

Other

• Argued that there is no correlation between holding provincial elections and the spread of COVID.
• Questioned why Conservative MPs continue to vote against the government in confidence matters, but claim they don't want an election.

CPC MPs argued that there are amendments needed at committee, however, R. Harder argued that the House should vote against the bill as it stands. All CPC MPs maintained that Canadians don't want an election in a pandemic.

Ordinary polling days

• Three days of polling is a good idea, and allows for more space and time for voting. This will ensure Canadians can vote as normally as possible.
• Government should consider changing the time polling places are open on weekends to accommodate some polling location options, like churches, that may be used part of the day on Sunday.
• When asked if the bill should be amended with respect to polling and advertising on election day because of the three-day period, K. Vecchio said it is important to always follow the CEA.

Vote by mail / special ballot

• Ballot boxes for mail-in ballots at polling locations is a good idea, will help address worries about mail delays, and will assist people like seniors who may not be comfortable voting inside.
• The CEO is responsible for making sure electors know about mail-in voting. Allowing electronic application for mail-in ballots is a good, progressive idea.
• Striking the name of those who apply for a mail-in ballot off the list of electors is a good way to prevent double voting.
• MPs expressed concern over the possibility of counting mail-in ballots after polling day and noted that even the perception of influence or confusion about election results is dangerous. M. Gladu noted that the bill and election worker training needs to be clear about the process for counting of mail-in ballots. K. Vecchio noted that there will always be late ballots, but the vast majority of electors are capable of submitting ballots on time.
• The CEO said we could see up to 5M mail-in ballots during an election in a pandemic. Canada Post assured PROC they are ready; we need to make sure we are prepared to process those ballots.
• When asked about the importance of ensuring availability of mobile polls and voting on campus, CPC MPs agreed that discussions are needed to ensure as many people as possible can vote safely. K. Vecchio noted that she will ask about mobile polls at committee.

Long-term care (LTC) facilities

• Witnesses before PROC indicated that they wanted to have the shortest time possible for voting in LTC facilities; this is not the same as what is in the bill, there need to be amendments to ensure voting during the shortest time possible.
• Would like to have more discussions with government about how they came to decide on rules for LTC facilities; government should ensure EC workers are tested and vaccinated, and are actively limiting contact with LTC residents.
• It makes zero sense to allow polling to commence 13-days before the polling period. This could allow polling stations to be open longer and maximize exposure to COVID for LTC residents.

CEO power to adapt the Act

• Overarching power allows CEO to do whatever he wants for the health and safety of electors; the bill doesn't define what the CEO can do. There should be oversight from parties participating in the election. For example, EC could change polling locations at last minute, which would cause confusion.
• The CEO is working hard, and we trust Mr. Perrault will do his best in a difficult situation, but we need to ensure that the CEO is accountable and takes certain adaptations only upon consultation with the ACPP. There should be concrete rules, not arbitrary guidelines allowing one individual to make decisions.

Sunset clause

• There should be a sunset clause to make clear when these changes will expire. The changes must expire after the pandemic subsides.

Candidate signatures

• Agreed that it is important to consider how candidates can collect signatures, including the option of electronic signature.

Timing

• The Minister bypassed the work of PROC and didn't take any of the witnesses' testimony into account before tabling this bill; some members of PROC have even suggested a pre-study of the Bill, which would rehash witnesses' testimony.
• We should minimize changes to the CEA during the pandemic to protect the health and safety of workers and voters; no need to otherwise tamper with a tried and true process.

Outreach

• When asked if EC should consult with disability community and Indigenous communities to ensure the safest and most accessible voting method, CPC MPs agreed that it is important to consult and suggested that the government should have waited until PROC reported before introducing the bill.

Other

• Scrutineers need to be able to observe the process. It could be difficult for scrutineers to see ballots from a six-foot distance. A solution could be viewing ballots on cameras and computer screens.
• There needs to be contingency plans for a situation like what happened in Newfoundland.
• J. Sahota suggested that there were spikes in COVID after the BC and Saskatchewan provincial elections.

BQ MPs did not speak to the Bill, but asked a number of questions and made comments in response to CPC MPs' remarks.

Ordinary polling days

• The CEO recommended a two-day period to allow for more access to workers and polling locations; asked if CPC MPs thought that was a good idea.
• Asked if the bill should be amended with respect to polling and advertising on election day because of the three-day period.

NDP MPs did not speak to the Bill, but asked a number of questions and made comments in response to CPC MPs' remarks.

Vote by mail / special ballot

• Asked CPC MPs about the importance of ensuring the availability of mobile polls for seniors or electors with disabilities.
• Asked if CPC MPs supported maintaining polling stations on campus.

Other:

• Asked CPC MPs if EC should consult with indigenous communities and the disability community to ensure safe and accessible voting.

GP MPs did not speak to the Bill, but asked a number of questions and made comments in response to CPC MPs' remarks.

Candidate signatures

• E. May expressed concern over the collection of signatures by candidates during the pandemic.

LPC MPs spoke of the importance of being prepared for an election, and the Minister responded to questions and concerns about time allocation.

Vote by mail / special ballot

• Many Canadians will prefer to use mail-in ballots during the pandemic, the goal of the bill is to facilitate the use of this option.

Long-term care (LTC) facilities

• The most vulnerable Canadians should be able to exercise their right to vote without risk to their health. The 13 days in the bill will allow election workers and facilities to decide when and how voting will take place.

Sunset clause

• Minister LeBlanc argued that clause 11 acts as a sunset clause and therefore, it is not necessary to debate this matter in committee.

Other

• We don't know how long we'll be in the pandemic, so we must find solutions rather than postponing elections like some provinces and municipalities have had to do.
• Elections have been held around the world with strict public health measures.

Time allocation motion

• Minister LeBlanc argued that it's time for PROC to study the Bill and make necessary amendments. The Bill includes modest amendments that will apply only to the next election.
• The changes respond to a report tabled by the CEO. It would be wise to offer more flexibility to EC, including for electors who live in long-term care.
• Noted important considerations brought forward by the NDP, like campus voting and the possibility of using Canada Post locations in rural areas to apply to receive a special ballot.
• When asked why the bill was introduced before PROC tabled its report, the Minister said it was important to allow MPs the time to consider it over the holiday break.
• The government is not interested in an election, but the official opposition continues to vote against confidence matters.

Conservative MPs reminded the House of PROC's unanimous recommendation that there not be an election during the pandemic, and argued against invoking time allocation on a bill to amend the Canada Elections Act.

Ordinary polling days

• Going from one-day to three-day polling period, extending voting hours and extending the maximum writ period provides safer voting. These changes are beneficial for long term care facilities, as well as for EC to prepare election officials and polling stations for Canadians who will choose to vote in person.

Long-term care facilities

• Experts on this legislation do not encourage going into long-term care facilities and running the election for 13 days.

Vote by mail / special ballot

• Given the new powers granted to the CEO for early mail-in ballots and extended poll hours, there is absolutely no reason for any ballots received after polls close on the last day of election period to be counted. Having ballot boxes at the polling stations to collect mail-in ballots would be a very good thing.

CEO power to adapt the Act

• P. Kent said that while he accepts the extension of the CEO's power to adapt the Act, he opposes the provision that would "expand his determination of "satisfactory proof of identity and voter residence". P. Kent argued that "pandemic protocols should not enable voter fraud that already exists in non-pandemic elections."

Sunset clause

• There should be a sunset clause in the Bill that would expire when the pandemic is over.
• The current bill lacks clarity about when the changes will expire. Electors should have clear information about the electoral process.

Time allocation motion

• Argued against invoking time allocation on a bill to amend the Canada Elections Act as it affects Canadian democracy.

BQ MPs did not speak to the bill itself, but voiced opposition to the use of time allocation to end debate on the bill.

Time allocation motion

• Time allocation should not be moved on a bill that affects elections. There should be additional time for debate. Changes to the CEA require consensus.
• The bill has not taken into account PROC's study of the CEO's recommendations.

NDP MPs did not speak to the bill itself, but supported the government's time allocation motion because of the need to look at the bill in case of an election.

Other

• Expressed concerns about the safety of electors and asked Mr. Kent about what were his thoughts in regard to voter identification and a lengthy writ period for seniors' homes.

Time allocation motion

• The election in NFLD showed that an election during a pandemic can be damaging to the democratic process.
• The official opposition has stalled this bill; we need to look at this bill in committee because we cannot trust the Prime Minister to not call an election during the pandemic. NDP MPs asked the Minister to promise that the PM would not call an election during the pandemic.
• The NDP offered to hold extra hours this week to debate Bill C-19, but the other parties refused.

GP MPs did not speak to the bill itself, but voiced opposition to the use of time allocation to end debate on the bill.

Other

• Expressed disappointment that the bill did not include electoral system reform to allow for more proportional allocation of seats in the House.

Time allocation motion

• We want the best possible legislation in case of an election during the pandemic; pushing those changes through without proper debate is disappointing.

[MP Jody Wilson Raybould] Madam Speaker, I think I speak for the vast majority of Canadians when I say that we do not want an election during the third wave of this pandemic, particularly one clearly motivated by partisan opportunism. That said, an election unfortunately still remains a possibility, so I will ask a very specific question.

Can the minister please advise whether the government has any intention of seeing Bill C-19 become law, whether the Chief Electoral Officer has indicated he is COVID prepared and how quickly after royal assent he would be able to give notice that the temporary changes are in force?

[MP Kevin Lamoureux] Madam Speaker, I think it is important for us to recognize that we are, in fact, in a minority Parliament. No one knows what that means in terms of what can happen. The Chief Electoral Officer says we need to be ready if an election happens and Elections Canada, which is recognized around the world as an authority on independent elections, I am sure will ensure that Canada will be ready.

With respect to Bill C-19, we will continue to move forward in the best way we can.

[MP Yves-François Blanchet] Mr. Speaker, at the beginning of the pandemic, we all agreed that we did not want an election during a pandemic.

The government has consulted on what could be changed in the Canada Elections Act in this context, but it did not finish the job. It has introduced a bill but has not allowed anyone to study it. Now it has to impose a gag order, with help from the NDP, to allow an election during the pandemic.

Does the Prime Minister want an election during the pandemic?

[The Hon. Prime Minister] Mr. Speaker, the answer is no.

With the bill that we are now referring to committee, parliamentarians will be able to study ways to hold an election safely during a pandemic. However, we do not want an election.

It was the Bloc Québécois and the Conservative Party that voted against a confidence motion that could have made the government fall. They are the ones who seem to want an election.

We on this side of the House are working to support Canadians and get them through this pandemic.

[MP Yves-François Blanchet] Mr. Speaker, there is a slight difference. I am not afraid of an election; bring it on. We just do not want one during the pandemic.

Elections are not normally held during pandemics. If there is no pandemic, there is no need for legislation to manage an election during a pandemic. The only logical conclusion is that the government wants an election during the pandemic

What is the Prime Minister's priority?

Is his priority the health, lives and safety of the people, or does he want to take advantage of the Conservatives' weakness to call an election immediately?

[The Hon. Prime Minister] Mr. Speaker, that logic is a little far-fetched, unfortunately.

This pandemic has taught us that it is important to be ready for anything. When we are in a minority government situation, we know an election could be triggered at any time. The Bloc Québécois and the Conservatives actually voted for an election just a few weeks ago.

We will make sure we are prepared if there is an election, but we do not want an election. The opposition parties are the only ones talking about an election.

We, in contrast, are working for Canadians.

[MP Yves-François Blanchet] Mr. Speaker, yesterday when we asked the Prime Minister if he wanted to call an election during a pandemic, he clearly said no.

However, I have read just about every commentary by just about every analyst and nobody but nobody believes him. This may be an opportunity for the Prime Minister to try to achieve a consensus.

I propose that he organize a private meeting with whoever he wants. It could be the leaders of the all the parties here. We could meet in a room, reach a consensus and apply it without closure.

[The Hon. Prime Minister] Mr. Speaker, since the beginning of this pandemic, we have shown that we are here to work with the opposition parties and to meet the expectations of Canadians and that is exactly what we are doing. Our priority is to continue to deliver vaccines and provide support to families, workers and small businesses.

We will continue to operate in the House if the opposition parties are here to work. Unfortunately, the Bloc Québécois voted twice in favour of an election a few weeks ago by voting non-confidence in the House. It is the Bloc that is interested in having an election. We are not interested.

[MP Yves-François Blanchet] Mr. Speaker, the Prime Minister should have the wisdom to recognize and consider opportunities for consensus.

I encourage him to call a meeting to discuss with whoever he likes, but it could be with the party leaders if everyone is on board with that. We could study the content of the legislation, reach a consensus and apply it thereafter, following a parliamentary process and avoiding an awful closure motion in order to come to a democratic agreement.

[The Hon. Prime Minister] Mr. Speaker, we have been trying for months on end to enact a bill to make elections safer during a pandemic. We are very pleased that the bill will be studied in committee so that all parties can examine it.

No one wants an election during the pandemic. However, if an election was triggered by the opposition voting against the government, it must be held safely. In recent months, opposition parties have voted in favour of an election 14 times.

As for us, we are doing what we are doing to meet Canadians' expectations.

The proposed amendments would:

1. Remove the new "electronic signatures provisions" added at PROC through Government motion G-1.
2. Remove the ability to establish polling stations in long-term care facilities up to 13 days before the first day of the polling period, and the limit to open for not more than 28 hours during that period.
3. Remove the three-day polling period in relation to a fixed-date general election.
4. Remove the three-day polling period.
5. Remove the ability to receive the special ballot no later than 6:00 pm on the Tuesday following the last day of the polling period when that last day—the Monday—is a holiday.
6. Remove the ability for electors to obtain an application for registration and special ballot at any post office in Canada.