Madam Speaker, I rise today to speak to Bill C-65, an act to amend the Canada Elections Act. The legislation would make it easier to vote and increase voter participation across the country, which is essential to a healthy, modern democracy.

One aspect of the legislation includes legislating campus vote as a permanent program. This is particularly important because it will increase voter engagement for youth and young adults.

Coincidentally, today, my nephew, Prabh Noor Singh Dhaliwal, a recent graduate of the Wharton School of Business of the University of Pennsylvania, which is one of the top business schools in North America, is visiting Ottawa. I am proud of his accomplishments, including being elected as vice-president of sponsorship and finance for the student body. It is important that our youth are engaged in the political process and are involved in all levels of government. This is the type of legislation that would allow that.

This important bill, which supports voter participation, better protects Canadians' personal information and enhances electoral safeguards and compliance measures. On electoral safeguards, the government has been continuously improving its response to the evolving threat of foreign interference by enhancing measures and adding new measures that strengthen Canada's electoral system.

The government is not alone in ensuring our electoral system is well protected. Parliament has entrusted responsibility to the independent commissioner of Canada Elections for ensuring that the Canada Elections Act is complied with and enforced. The commissioner's work is an essential element to upholding Canadians' trust in the integrity of Canada's electoral system and maintaining a fair and level playing field for all electoral participants. The critical role of the independent commissioner of Canada Elections and how the safeguards in Bill C-65 would be enforced is what I will speak about today.

First, I will outline how the commissioner fulfils her mandate. I will then turn to the specific proposals in Bill C-65.

In order to enforce and promote compliance with the Canada Elections Act, the commissioner is primarily responsible for conducting investigations and applying a suite of compliance measures as appropriate. The commissioner may initiate an investigation in a number of ways, including following a complaint from the public, a referral from Elections Canada or on her own initiative.

If the investigation reveals any contravention of the Canada Elections Act, the commissioner has a wide range of enforcement tools at her disposal that she can deploy depending on the severity of the contravention. These tools include laying criminal charges, which may lead to prison time and/or a fine; issuing a notice of violation accompanied by an administrative monetary penalty to promote compliance; or simply issuing information or caution letters to raise awareness of the rules, and encourage those who make an honest mistake to course correct.

Which enforcement tool the commissioner chooses to use depends on what would best serve the public interest and whether the contravention has been categorized as an offence or a violation under the act. The difference between the two is that offences may result in criminal prosecution, fines and/or prison time, while violations are considered administrative contraventions and are subject to administrative monetary penalties.

Some contraventions of the act could be considered either an offence or a violation, meaning that the commissioner would consider the facts of the case to determine which route would better serve the public interest.

The tools available to the commissioner have proven to be effective in promoting and maintaining compliance with the act, yet, as we are well aware, there is always room for improvement.

Bill C-65 would build on the strong compliance and enforcement foundation by adding to the commissioner's tool box in five new ways.

First, to enhance the commissioner's access to information pertaining to investigation, Bill C-65 would clarify that those who have been ordered by a judge to appear before the commissioner or her staff may also be ordered to produce any relevant documents at any time before, during or after the individual's initial appearance. This clarification would help avoid potential delays in the commissioner's gaining access to relevant information and would lower the risk of documents being lost or destroyed.

Second, the commissioner's authorities to enter into memoranda of understanding or other similar arrangements with national security organizations, such as FINTRAC or the Communications Security Establishment, would be made explicit. This added clarity around the expectations for collaboration between the commissioner and government security agencies would not only facilitate investigations and ensure the commissioner can gain access to information held by other federal departments, but it would also support government-wide efforts to respond to the threat of foreign interference in our elections.

Third, Bill C-65 would give the commissioner the option to pursue administrative contraventions currently treated as offences under the act as violations. An example would be taking a ballot selfie where these types of contraventions are better dealt with by the commissioner as opposed to our judicial system.

Other examples of existing offences that would be treated as violations and subject to administrative monetary penalties under Bill C-65 include preventing apartment building access to Elections Canada or campaign staffers for the purpose of engaging voters and wearing partisan materials at polling stations.

This expansion of the administrative monetary penalty regime will support the commissioner's ability to maintain compliance with the Elections Canada Act without lengthy unnecessary criminal investigations.

In addition to existing contraventions that will be newly classified as violations, non-compliance with a political party's privacy policy would also now constitute a violation. This means that the commissioner will be able to issue a notice of violation and administrative monetary penalty or pursue informal measures to encourage compliance, such as issuing caution or information letters, as appropriate.

Fourth, the electoral participation act would also provide the commissioner with the ability to issue administrative monetary penalties to those who support those who contravene the act in addition to the perpetrators themselves. While the measures I have highlighted will support the commissioner in holding those who broke the law accountable, those who conspire or attempt to break the law should also face consequences.

This brings me to the fifth and last measure, which would permit the commissioner to use her powers in instances where conspiracies or attempts to contravene the Elections Act have taken place. This means that those who try to break the law or encourage others to do so can be held accountable. Similar laws on conspiracies and attempts can be found in the Criminal Code and have already proven effective.

This bill is very important to most of my constituents, who need more time to vote in the pre-elections and different means, so that maximum participation can be had.

Sukh Dhaliwal

$624,015.00