Study of Bill C-19 - June 10, 2021

Opening remarks

President of the Queen’s Privy Council for Canada and Minister of Intergovernmental Affairs

Study of Bill C-19, An Act to amend the Canada Elections Act (COVID-19 response)

Standing Committee on Procedure and House Affairs

June 2021

Check against delivery

Introduction

Thank you, Madame Chair.

Members and colleagues, I am pleased to appear before this Committee to discuss Bill C-19, An Act to amend the Canada Elections Act (COVID-19 response).

Bill C-19 is our government’s response to one of the priorities for which the Prime Minister has entrusted me, namely to “work with all Parliamentarians to ensure passage of the proposed amendments required to strengthen the capacity of Elections Canada to administer an election during the pandemic and to enable Canadians to vote safely”. Needless to say, working with, and hearing from, all of you on this important topic is a critical aspect of this priority.

I am joined today by officials from the Privy Council Office; Allen Sutherland, Assistant Secretary to the Cabinet, Machinery of Government and Democratic Institutions, and; Manon Paquet, Director, Special Projects in the Democratic Institutions Secretariat.

We are fortunate to have a robust legislative regime in the Canada Elections Act (the Act) and a world-class electoral management body in Elections Canada, which celebrated its 100th anniversary in 2020.

The COVID-19 pandemic has been amongst the most challenging issues in a generation, leading to far too many deaths, and severely affecting the most vulnerable. Governments have in turn been forced to take unprecedented steps to stem the virus’ spread.

While Canadians have demonstrated incredible resolve, they need to know that, in spite of this pandemic, an election can be administered in a way that is safe, secure and accessible.

Indeed, this topic has seized the attention of all elected officials and elections bodies, as evidenced by the Chief Electoral Officer’s call for temporary changes to the Act, and by your timely study that put forward several recommendations in support of a safe election in these challenging times.

As you know, on December 10, 2020, our government tabled Bill C-19, which builds on all of this valuable work, insight and analysis.

Bill C-19 proposes unparalleled opportunities for casting ballots in person, including through a three-day polling period with eight voting hours on the Saturday and Sunday, and 12 voting hours on the Monday.

A three-day polling period will spread electors out and support physical distancing and other public health guidelines.

Maintaining the Monday voting day also recognizes that some might not be able to vote or campaign because of religious obligations over the weekend, and that both public transit, together with childcare options, might be more limited over the weekend.

Simply put, we are providing electors with as many opportunities as possible to vote, should there be an election during the pandemic.

Bill C-19 will also support a safe vote in long-term care facilities and in facilities for persons with disabilities.

Sadly, as one of the most at-risk populations, the residents of these facilities have been gravely impacted by the pandemic.

As such, Bill C-19 will provide enhanced flexibility to election workers through a 13-day period during which they can work with long-term care facilities’ staff to determine the most opportune dates and times to deliver the vote.

To be clear, this would not mean that voting in all long-term care facilities would take place over 13 straight days. This period is not an additional voting period – the total number of in-person voting hours would be capped at 28 hours, the same number being proposed in the three-day voting period.

This will support a vote that is safe for residents, election workers and staff.

Delivering a general election at any point in time is an enormous feat of organizational strength. Canada is a vast and diverse country, with 338 electoral districts that range in size and scope.

In the context of the pandemic, this job is even more daunting.

The public health circumstances across the country continue to evolve, pointing to a clear need for increased legislative authority to react to any specific circumstances that may arise across any one of Canada’s electoral districts.

Accordingly, Bill C-19 would provide the Chief Electoral Officer with enhanced adaptation powers to adapt provisions of the Act in support of the health and safety of electors and election workers.

We have seen that jurisdictions across Canada and the globe that have had elections during the pandemic have experienced a steep increase in mail-in voting.

Research conducted by Elections Canada indicates that up to five million electors may choose to vote by mail in an election during the pandemic.

There are two reasons for this trend. First, mail-in voting is a safe way for those most at risk to cast their ballots.

Second, mail-in voting is a secure way to exercise one’s democratic right. At the federal level, Elections Canada has delivered this system for decades, and there are important safeguards designed to maintain the secrecy and integrity of the vote.

Nothing in Bill C-19 would change that.

In fact, we are proposing targeted mail-in vote measures to shore up a system that we expect will see a surge in usage.

Among other things, Bill C-19 will allow electors to apply to vote by mail online, and will establish secure mail receipt boxes across all polling stations.

To maintain the integrity of the vote, Bill C-19 includes strict prohibitions on installing or tampering with secure mail reception boxes.

Lastly, I would like to stress that the counting of mail-in ballots cast within electoral districts will continue to be counted locally; as honourable Members know, there was a drafting discrepancy between the English and French versions of a provision in Bill C-19, which made its meaning unclear. As a result, we will bring forward an amendment correcting this unfortunate error during this study’s clause-by-clause analysis of the bill.

As you are all aware, the Speaker ruled that this error can be corrected by the committee studying the bill.

Conclusion

I would like to close by highlighting three points.

First, these measures would be temporary, only applying in the event an election is required during the ongoing pandemic.

These measures would cease to be in effect six months—or at an earlier date determined by the Chief Electoral Officer—after a notice by the Chief Electoral Officer in the Canada Gazette that indicates the measures are no longer necessary in the context of the COVID-19 pandemic. This notice would only be issued following consultation with the Chief Public Health Officer.

Second, the long-term care measures and adaptation power measures would come into force immediately upon Royal Assent. The remaining measures, including the three-day polling period, would come into force 90 days following Royal Assent, or earlier, should the Chief Electoral Officer be satisfied that all the necessary preparations have been made.

Finally, I would like to reiterate that our Government is committed to working with opposition parties to ensure passage of this important legislation.

Once again, thank you for the opportunity to appear today and I look forward to answering any questions.

Thank you, Madame Chair.

Bill C-19: An Act to amend the Canada Elections Act (COVID-19 response)

Key messages

Bill C-19 seeks to ensure that Canadians can have full confidence in their ability to exercise their democratic rights safely, should an election be called during the COVID-19 pandemic.

The COVID-19 pandemic has introduced new challenges to the administration of a federal general election. Many of these challenges were identified by the Chief Electoral Officer in his special report, Administering an Election during the COVID-19 Pandemic, which outlined potential legislative solutions. We are grateful for the Chief Electoral Officer and Election Canada’s work on this report.

If passed, Bill C-19 will introduce temporary supplementary provisions to the Canada Elections Act (the Act) that will mitigate the challenges of administering an election under pandemic circumstances.

Measures include establishing a three-day polling period, expanding opportunities to vote by mail, introducing flexibility to allow for safe voting in long-term care facilities, and increased authority for the Chief Electoral Officer to adapt provisions of the Act, in support of the health and safety of electors and election workers.

These temporary changes will provide increased opportunities to vote in person in physically-distanced places by spreading voting over multiple days, and the enhanced mail-in voting measures will ensure an easy-to-use system that is also secure.

These measures will ensure an election is held in a manner that protects both voters and election workers, while maintaining the high standard of integrity that Canadians expect.

I would also like to thank the members of the Committee for their study on federal elections during the pandemic and their associated recommendations. The crafting of this Bill and their study took place in parallel, and the Bill reflects many parts of that study.

Anticipated questions and answers

General

Q1. Why now? Does it mean that the Government intends on calling a general election soon?

The timing of the next general election remains unknown. We are proposing these temporary legislative measures now to ensure that, should a general election be required during the pandemic, it will be as safe, secure and as accessible as possible.

Q2. Why were two federal by-elections held without legislative changes?

Elections Canada successfully conducted the October 26 by-elections in challenging conditions. That said, there is a significant difference between delivering two by-elections versus 338 simultaneously. For instance, during a given by-election, Elections Canada Headquarters could offer increased support and the returning officer could draw on resources from neighbouring electoral districts in a way that is not necessarily possible during a general election.

The measures being proposed in Bill C-19 are necessary to support a safe vote for electors by, among other things, maximizing opportunities to vote.

Q3. Are these permanent legislative changes?

No. If passed, these legislative measures would only be temporary. These special legislative measures would cease to be in effect six (6) months—or at an earlier date determined by the Chief Electoral Officer (CEO)—after a notice by the CEO in the Canada Gazette that indicates the measures are no longer necessary in the context of the COVID-19 pandemic. This notice would only be issued following consultation with the Chief Public Health Officer.

Q4. Why doesn’t Bill C-19 simply implement changes exactly as recommended by the CEO?

In putting forward Bill C-19, the Government closely considered both the report of the CEO, alongside this Committee’s ongoing and timely study. If passed, Bill C-19 would build off both of these important contributions, including by providing unprecedented opportunities to vote, and by shoring up a mail-in vote system that is expected to see a surge in use within the context of a pandemic election.

Q5. How will the measures reflect public health advice – especially if health care is under PT jurisdiction?

As Elections Canada did during the October 2020 by-elections, we expect that it will engage closely with PT and local health officials should it be required to administer an election during the pandemic. The bill only requires the CEO to consult with the Chief Public Health Officer but does not limit his ability to consult with others.

At the same time, I should stress that, in the context of a general election, there is a need for Elections Canada to be able to apply consistent rules and guidelines across all 13 provinces and territories in Canada. In the event there is a need to adapt to particular circumstances in one local geographic area, we are confident in the CEO’s ability to use existing legislative authorities—together with the new ones being proposed here—to react in support of safe election for all.

Q6. How much would implementing Bill C-19 cost?

As indicated in Budget 2021, it is estimated that these measures would cost $110 million. This estimate was developed by extrapolating from available information, including the costs of past general elections. At the same time, the CEO may be in a better position to give more precise details on the overall cost of Bill C-19’s measures during a general election.

A three-day polling period

Q7. Why does Bill C-19 propose a three-day polling period?

Bill C-19 would temporarily add two more polling days, with eight voting hours on both the Saturday and Sunday, and 12 voting hours on the Monday. This period would maximize opportunities for Canadians to exercise their democratic right in person, and spread those electors out.

Maintaining the Monday polling day as the last day of the three-day period also recognizes that some electors and candidates—including those that may be religiously observant—may not be able to vote, or encourage others to do so, over a weekend.

Q8. Is it realistic to expect Elections Canada to be able to smoothly administer a three-day polling period?

We have the utmost confidence in the ability of Elections Canada to administer such a period. Colleagues, we do indeed recognize that adding two polling days over the weekend will increase the organizational complexity of administering an election, particularly with respect to recruiting a sufficient number of poll workers and identifying polling places. At the same time, we would expect the CEO to leverage his existing legislative flexibilities in support of innovative approaches to managing such challenges.

We believe we have struck a good balance in arriving at a three-day polling period, as it accounts for the CEO’s desire for a weekend polling period, together with the recommendations put forward in this Committee’s final report on this topic.

Not only would a three-day polling period help spread electors out, but it also recognizes that some may not be able to vote or campaign exclusively over the weekend. This includes religiously observant electors and candidates, along with electors that rely on public transit and childcare, both of which may be more limited on the weekend.

Q9. How will you support Elections Canada’s efforts to administer such a period?

Colleagues, the CEO has existing legislative flexibilities that can help mitigate potential challenges. This includes the ability to merge polling divisions or to limit the number of election workers at polling tables to one person.

On the potential challenge of recruiting election workers on the Monday—particularly because close to half of Elections Canada’s traditional workforce is over 60 years of age—I would highlight a legislative change made through Bill C-76, the Elections Modernization Act. Specifically, it allowed Elections Canada to hire 16 and 17 year olds as election workers, a contingent that may be more likely to work the polls in the context of a pandemic.

Finally, we recognize that Elections Canada has indeed had challenges with the recruitment and retention of election workers in the past. That is precisely why we approved the CEO’s request to update the Federal Elections Fees Tariff, which now provides for the provision of overtime and holiday pay, among other measures.

Voting in long-term care facilities

Q10. How will Bill C-19 support electors residing in LTC facilities?

Bill C-19 proposes providing Elections Canada, the CEO, and election workers, with the flexibility they need to safely deliver the vote to electors residing in long-term care facilities.

Specifically, it will provide for a 13-day period during which election workers can safely deliver the vote to residents of these facilities. This will provide election staff with enough time to engage with facilities to determine specific dates during which the vote can be safely delivered, and to deliver the vote.

This does not mean residents will vote for 13 straight days, only that this will be the period during which it could be offered. The maximum number of voting hours would be capped at 28 – the same number offered during the proposed three-day polling period.

Bill C-19 will also allow election workers to create polling stations on specific floors or areas of a facility, in recognition of “hot-spot” or quarantined areas that have been established across many of these facilities.

Increased adaptation powers for the CEO

Q11. Why are you seeking increased adaptation powers for the CEO?

While the CEO has the legislative authority to adapt the Canada Elections Act, he can presently only do so to enable electors to vote, or to enable the counting of votes. Bill C-19 explicitly lays out pandemic-specific purposes that may be invoked in adapting legislation, including in support of the health and safety of electors, and election workers.

Q12. Can you provide examples of circumstances that would require the CEO to use these new authorities?

It is somewhat difficult to predict which specific event or circumstances could trigger the need for the CEO to adapt legislation during the pandemic. However, it is reasonable to assume these could relate to facilitating public health measures or responding to an expected increase in mail-in voting.

Mail-in vote measures

Q13. Why does Bill C-19 include new mail-in vote measures?

These new mail-in vote measures are designed to strengthen a mail-in vote system that is expected to see a significant surge in electors opting to vote in this manner. The overall goal is to facilitate the use of this voting method for Canadians.

Q14. Can you describe these legislative measures?

If passed, Bill C-19 will:

• Allow electors to apply online to register to vote by mail, enabling them to do so from the comfort of their own home.
• Provide that secure mail reception boxes are installed at all polling stations across the country. This will enable those electors who may not have the time to fill in and submit their ballot through the mail, with one more way to ensure they can exercise the right to vote.
• Provide electors with the option of using an identification number, rather than a copy of their ID, to establish their identity and residence when registering to vote by mail.
• Allow electors to still vote in person even after applying by mail. Importantly, electors that exercise this option will have to either return the mail-in ballot kit they received, or sign a declaration stating they have not yet voted.

Q15. Will the expected increase in mail-in ballots lead to a delay in election results?

Elections Canada estimates that up to five million electors may choose to vote by mail during the pandemic, a significant increase from an estimated 50,000 electors residing in Canada and abroad that did so in 2019.

The Canada Elections Act allows for the counting of mail-in ballots received at Elections Canada’s headquarters to begin five days before polling day, or at any other time determined by the CEO. During the 2019 general election, this count began two weeks ahead of polling day. As for ballots received at the offices of Returning Officers, the verification of outer envelopes can begin before polling day at any time set by the CEO.

As the CEO stated when he first appeared here to discuss his recommendations, it is unlikely that the counting of votes will exceed one or two days.

Q16. Are you concerned that the ID number measure may not equally benefit all electors across the country?

This measure explicitly requires that the information used for these purposes must already be held by Elections Canada, so that is a question best suited to the CEO.

On a general level, I would highlight that this measure aims to make it simpler for electors—particularly those that are most at risk of contracting the virus and unlikely to vote in person—to register to vote by mail. It will remain a secure way of voting since the information provided will need to match the information held by Elections Canada.

Q17. What about electors  in Québec?

Electors in Québec will be able to register to vote by special ballot in several ways, including through applying online, by mail, or in person at any local Elections Canada office.

Q18. Does Bill C-19 propose any measures to mitigate against this potential issue?

Bill C-19 includes a variety of measures designed to facilitate voting by mail, including the ability to apply online, the establishment of secure mail reception boxes, and the ability for electors to still vote in person even after applying to vote by special ballot.

This portion of Bill C-19 was drafted to provide the CEO with flexibility in terms of how it would be implemented. To be clear, Elections Canada would need to have access to this information, and electors would need to explicitly consent to its use for such purposes.

Q19. If electors can vote in person even after registering to vote by mail, is there a risk that electors could vote twice?

There are consequences for trying to vote twice. In addition, electors will have to either surrender their special ballot voting kit in person, or attest in writing that they have not previously voted. This serves as a sufficient deterrent to maintain the integrity of the vote.

Furthermore, these measures will allow for a paper trail to be created for monitoring and auditing purposes.

Q20. Do any of these proposed measures—in particular, mail-in voting measures—increase the risk of fraud?

Canada’s federal voting system is strong and includes measures designed to safeguard its integrity. Elections Canada has significant experience administering its vote by mail system, and it already includes strong integrity measures and safeguards. Elections Canada has been administering the vote by mail system for many years and there is no evidence to suggest that it was used for widespread voter fraud.

Q21. Where will special ballots (mail-in) that are cast in local electoral districts be counted under Bill C-19?

All mail-in ballots cast in local electoral districts will continue to be counted in local returning officers. We regret a drafting error in Bill C-19 made the meaning of this particular provision unclear to parliamentarians and Canadians. We will therefore seek to address this when it comes time to bring forward amendments to the bill.

Q22. Are you concerned about Elections Canada’s ability to install secure mail reception boxes?

We have the utmost confidence in Elections Canada’s ability to implement this measure.

In Bill C-19, we have provided some degree of flexibility to the CEO and Returning Officers (ROs) to install these boxes. First, Bill C-19 does indeed require that an RO establish such a secure mail reception box outside all 338 RO offices. However, with respect to both advance polling stations and regular polling stations, ROs can either install secure boxes outside of these stations or install a ballot box for the deposit of outer envelopes inside the stations themselves. To be clear, it would not require the installation of thousands of secure mail reception boxes across the country.

Q23. Are there any potential security concerns associated with this measure?

Electors can be reassured that there will be safeguards in place related to these proposed mail reception boxes. For example, Bill C-19 includes new offences associated with such boxes, including prohibitions on installing, destroying, and/or tampering with them. A person found guilty of the associated offence could face a maximum penalty of 5-year imprisonment, a fine of $50,000, or both.

Background information

Context

On October 5, the Chief Electoral Officer (CEO) submitted a special report to Parliament on the administration of a federal election during the COVID-19 pandemic. In this report, the CEO recommended the study and adoption of a new statute that would temporarily modify certain provisions in the Canada Elections Act (the CEA).

Pursuant to its mandate, the Standing Committee on Procedure and House Affairs (PROC) began a study on the challenges posed to the normal conduct of elections by the pandemic to identify measures to adapt the conduct of general elections to ensure the safety of voters and election workers. This work resulted in an interim report released on December 11, 2020, and a final report released on February 26, 2021, both of which presented recommendations for the government to consider.

Bill C-19 builds on both the CEO’s report and PROC’s study, and proposes measures to provide more flexibility to Elections Canada for the safe administration of an election during the pandemic. Temporary changes to the CEA are proposed to ensure the safety of electors and election workers, maximize opportunities for electors to exercise their franchise, and maintain the overall integrity of the electoral process. The proposed amendments follow.

Three-day polling period

A three-day polling period would facilitate physical distancing at polling locations. Voting hours would consist of eight hours on Saturday, eight hours on Sunday, and the traditional 12 hours on Monday. Advance polling would be moved to the Thursday through Sunday (with 12 voting hours maintained on each day) inclusively, to allow for a similar amount of time between advance polls and the proposed polling period.

A safe vote in long-term care facilities

Residents in long-term care facilities have been negatively impacted by the ongoing pandemic. As such, Bill C-19 proposes, among other things, a 13-day period before the start of the proposed polling period to allow Elections Canada to work with long-term care facilities to support a safe vote for electors and election workers.

Increased flexibility for Chief Electoral Officer

Flexibility to adapt the Act is required to respond to the ongoing uncertainty surrounding the pandemic. Accordingly, the bill seeks to increase powers for the CEO to adapt the CEA for the purposes of ensuring the health and safety of electors and election workers.

Mail-in ballots

Elections Canada is expecting a significant increase in mail-in ballots, as an estimated 5 million electors are expected to vote by mail during the 44th general election, compared to 50,000 in 2019. To facilitate access to mail-in voting, the bill proposes the following:

• Secure mail reception boxes at every polling station;
• Online applications for mail-in ballots accepted;
• Use of identification numbers for mail-in vote applications accepted; and
• The option to vote in person even after applying to vote by mail (with signed attestation required).

Timing considerations

If adopted, the long-term care facilities measures and the adaptation power authorities would come into force on Royal Assent. The other measures, such as the three-day polling period, would come into force 90 days after Royal Assent, or earlier, should the CEO indicate that all the preparations have been made.

These legislative measures would cease to be in effect six (6) months—or at an earlier date determined by the CEO—after a notice by the CEO is published in the Canada Gazette that indicates the measures are no longer necessary in the context of the COVID-19 pandemic. This notice would only be issued following consultation with the Chief Public Health Officer.