An Act to amend the Canada Elections Act and the Public Service Employment Act (C-31) - Second Reading

House of Commons

November 7, 2006
Ottawa, Ontario

Mr. Speaker, I am very pleased to begin the debate on Bill C-31, the voter integrity bill. This bill is aimed at improving the integrity of the electoral process and reducing the opportunity for electoral fraud. Together with the measures proposed in the federal accountability act, this bill will help to maintain the confidence of Canadians in their democratic process.

Many hon. members will already be familiar with much of what is in this bill. That is because it implements recommendations from an all party report of the Standing Committee on Procedure and House Affairs tabled in this place in June.

In formulating its recommendations, the committee had the benefit of testimony from the Chief Electoral Officer, the Privacy Commissioner and representatives from the four political parties in the House. Of course, the committee also had the expertise of its members. We have all been through the election process and are well aware that there is always room to improve the process by which we come to this place.

The committee's practical recommendations will enhance the process for all parties and all Canadians.

The government has listened carefully to the committee and we have tabled a comprehensive response to the report, but in addition, we are taking concrete action by means of Bill C-31, the voter integrity bill. As members can see, Bill C-31 makes a host of improvements to our democratic machinery. I would like to take this opportunity to highlight some of the measures in the bill.

Foremost, Bill C-31 establishes a uniform procedure for voter identification at the polls. Currently, there is no automatic requirement to provide identification in order to vote. I am sure that probably comes as a surprise to most Canadians. We need identification for everything that we do in society and most Canadians would expect that they would have to properly identify themselves if they want to vote.

Under this bill, a voter need only state his or her name and address before being given a ballot. In practice, voters may often just present a voter identification card. However, these cards sent to individuals to notify them of their polling station are not intended to be used as identification. Indeed, the committee heard evidence of bundles of these cards being left in the lobbies of apartment buildings or being otherwise open to abuse.

Under the Canada Elections Act now, a poll clerk, deputy returning officer, candidate or candidate's representative may request identification only when there is doubt as to a person's identity. However, this right to challenge is often implemented unevenly across tens of thousands of polling stations in the country. Some polling officials may be reluctant to demand identification when it is not legally required. Some candidates may overuse their right to challenge. In the meantime, voters are required to carry identification in case the right is revoked.

By introducing a voter identification requirement, this bill will address these issues by providing consistency and clarity, reducing the opportunity for electoral fraud and signalling to Canadians the importance of exercising the right to vote.

The bill will bring Canada into line with the system in the province of Quebec, a number of Canadian municipalities and many other democracies. These jurisdictions take a variety of approaches, including the development of a unique voter identification card or exclusive photo ID requirements.

The voter ID process in our bill was carefully crafted by the standing committee to provide a balance appropriate to our Canadian system and consistent with our values. The balance is struck between protecting the integrity of the process and ensuring that no one is disentitled to vote by reason of lack of identification.

Most voters who have photo ID with name and address, such as a driver's licence, can show that in order to vote. Alternatively, a voter without such ID can show two other pieces of acceptable ID, establishing name and address.

The bill requires the Chief Electoral Officer to publish the type of ID that would be accepted so that all voters will know what to bring in order to vote. We encourage and trust the Chief Electoral Officer to take the necessary public education initiatives to ensure voters are aware of these requirements.

Let me be absolutely clear. Under the bill, the voters who may not have acceptable ID will still be able to vote. These voters will need to take an oath or affirmation as to their identity and have another elector vouch for him or her. This also reflects a balance of providing reliable procedures to protect the integrity of the vote while maintaining the accessibility of the franchise. We, like all the parties in the House and on the committee, want all qualified voters to be able to vote. Under this bill, they will be able to do so.

The voter identification process will go a significant way to reduce the opportunity for electoral fraud. In addition, we will tighten up the vouching system, both for registration at the polls without identification and for voting at the polls without ID. People who vouch for those without ID will not be able to vouch for more than one elector, as is currently the case for registration. Someone that is vouched for because he or she does not have identification will not be able to vouch for another person seeking to be registered or to vote without their own ID.

The date of birth of electors, something already contained in the national register, will be added to the list of electors used at the polls. As also recommended by the committee, we will require a written affidavit to be signed by an elector where reasonable doubts are raised as to his or her qualifications.

For example, together these measures will assist where someone presents himself or herself at the polls and does not appear to be of voting age. The ID may indicate the date of birth and establish the entitlement to vote. It can also be used to confirm identity if it matches the name and date of birth on the list of electors. This is especially helpful if there are two names that are very similar.

Or, if the identification does not indicate the date of birth but the person's ID establishes his or her identity, the person can be allowed to vote after signing the affidavit. If it is subsequently discovered that the person was not qualified to vote by being 18 years old, then there will be a record of the event. This reform remedies a gap in the current legislation for situations where someone's qualifications to vote are in doubt.

In addition, in its response to the committee, the government supported a number of recommendations that were not statutory in nature to deal with potential electoral fraud. We look forward to working with the committee and the Chief Electoral Officer to ensure such measures are pursued.

At this point, I want to underscore that we must be vigilant to ensure our electoral system is sound and functions with integrity. While the incidence of electoral fraud is difficult to pin down precisely, it is clear that it has occurred. There have been well publicized instances of non-citizens having voted, or people voting twice, or the clear potential for individuals presenting themselves at the polls as someone else, such as by using a voter identification card that has been discarded.

Such examples can erode public confidence in the democratic process, affect the results of a close election and create real harm to the integrity of our system. That is why Canada's new government is taking action to implement the parliamentary committee's recommendations.

Protecting the integrity of the electoral process of course means more than just reducing the opportunity for defrauding the system. It also means improving how the system operates. A well functioning electoral system will go a long way toward reinforcing public confidence in the electoral process.

There are four main areas of operational improvement that I would like to outline briefly.

First, the bill will implement measures for improving the accuracy of the national register of electors. Errors in the register have the potential to harm the integrity of the electoral process because it is meant to indicate who has a right to vote. For example, the committee heard evidence of the list of electors including multiple entries for a single elector, electors registered at business addresses, and even dead people on the list.

The bill will make important changes to the way the information on the national register of electors is updated to improve its accuracy. The bill will permit tax filers to be asked their citizenship so that only the information of qualified electors will be sent to Elections Canada if voters consent to the sharing of that information. The Canada Revenue Agency will be able to share information on deceased tax filers with Elections Canada so that deceased electors can be removed from the register in a timely fashion. Returning officers will be expressly authorized to conduct updating initiatives in relation to the register. This will enable, for instance, targeted updating in areas of high mobility or new development. The authority of a CEO to collect, retain and share identifying information for the purpose of updating the register will also be clarified.

Second, the bill will make reforms to avoid some electors being discouraged from voting due to operational hurdles. For example, no longer will voters with a physical disability be required to request a transfer to a polling station with level access three days in advance. This time limitation is impractical for voters, who may not realize their polling station is inaccessible until they arrive on polling day. Similarly, electors who have their polling station reassigned will now be able to vote at their original polling station. This avoids inconveniencing or discouraging voters because of an administrative change.

The bill also opens the accessibility of advanced polls. Under the act now, advance polls must group two or more polling divisions. In large areas of sparse population, this could require an elector to travel significant distances in order to vote.

Third, the bill will improve the way candidates and election officials communicate with Canadians. The way the Canada Elections Act is currently worded, candidates have access to apartment buildings to campaign but not to gated communities, all access to which is also controlled by someone other than the residents. The bill will clarify the wording in the act so that candidates may access such communities in order to canvass at homes in the communities. Individual Canadians themselves should be able to decide whether they want to speak to candidates seeking public office on their behalf.

Similarly, the bill will clarify the ability of elections officials to access apartment buildings and gated communities for the purpose of updating the register and list of electors, and candidates will have clear access to public areas for informing Canadians of their right to vote. They should be able to campaign. This is one that I am particularly pleased about. As for the shopping malls and strip malls, where sometimes candidates now find their way barred, if these areas are open to the public they are open to political office seekers to engage the public. I think this is a terrific step forward and one that I particularly like to see.

Lastly, the bill will make other improvements to ensure the electoral process runs smoothly and efficiently. For example, drafting errors in the act will be corrected and timelines for the production of annual lists of electors will be extended. Like all the changes I have already discussed, these reforms were recommended by the committee made up of all four political parties, often based on the suggestions and the experience of our Chief Electoral Officer. Like all changes already discussed, these reforms would improve the integrity of our electoral system.

Before I close, I want to thank the committee for its important work. Canada is a great democracy. We should never lose sight of that. There is no greater democracy in the world, but it does not mean that we should not adapt to the times and that we should not be vigilant to protect our democracy. Even the smallest technical change can help the way ordinary Canadians exercise their right to vote.

This bill, based on the committee's recommendations, makes these operational improvements and does more. It ensures that all Canadians can exercise their right to vote while improving the integrity of the voting system. This bill will benefit all Canadians and all parties. I will say to hon. members that since this has already been supported at the committee and is an adoption of the recommendations that were made by the committee, I hope this bill will have speedy passage and will soon pass into law.