Electoral Participation Act
{{Short description|Canadian federal legislation}}
{{Use Canadian English|date=June 2024}}
{{Use mdy dates|date=June 2024}}
{{italic title}}
{{Infobox legislation
| short_title = Electoral Participation Act
| legislature = Parliament of Canada
| long_title = An Act to amend the Canada Elections Act
| image = Royal Coat of arms of Canada.svg
| imagesize = 130px
| amends = {{unbulleted list|Canada Elections Act}}
| considered_by = House of Commons of Canada
| date_passed = Pending
| considered_by2 = Senate of Canada
| date_passed2 =
| royal_assent =
| date_commenced =
| bill = Bill C-65
| introduced_by = Minister of Public Safety, Democratic Institutions and Intergovernmental Affairs Dominic LeBlanc
| 1st_reading = March 20, 2024{{cite Hansard |jurisdiction=Canada |title=Canada Elections Act|url=https://www.ourcommons.ca/Content/House/441/Debates/292/HAN292-E.PDF |house=House of Commons of Canada |date=March 20, 2024 |page=21765 }}
| 2nd_reading = June 19, 2024{{cite Hansard |jurisdiction=Canada |title=Electoral Participation Act|url=https://www.ourcommons.ca/Content/House/441/Debates/335/HAN335-E.PDF |house=House of Commons of Canada |date=June 19, 2024 |page=25241-43}}
| 2nd_reading_for = 170{{cite web |url=https://www.ourcommons.ca/Members/en/votes/44/1/849 |title=VOTE NO. 849 |publisher=House of Commons of Canada |date=June 19, 2024 |website=ourcommons.ca |access-date=June 20, 2024}}
| committee_responsible = Procedure and House Affairs
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| status = not passed
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The Electoral Participation Act ({{langx|fr|Loi sur la participation électorale}}), commonly known as Bill C-65, was a bill introduced on March 20, 2024, by Minister of Public Safety, Democratic Institutions and Intergovernmental Affairs Dominic LeBlanc during the first session of the 44th Canadian Parliament.
On January 6, 2025, the Parliament of Canada was prorogued by Prime Minister Justin Trudeau,{{cite web |last=Aziz |first=Saba |last2=Boynton |first2=Sean |last3=Rana |first3=Uday |date=January 6, 2025 |title=Trudeau says he will resign after Liberals choose successor, prorogues Parliament |url=https://globalnews.ca/news/10944316/justin-trudeau-resignation/ |website=globalnews.ca |publisher=Global News |access-date=January 6, 2025}} which resulted in the bill dying on the order paper.{{cite web |last=Bosc |first=Marc |last2=Gagnon |first2=André |date=June 2017 |title=The Parliamentary Cycle |url=https://www.ourcommons.ca/procedure/procedure-and-practice-3/ch_08_6-e.html |website=ourcommons.ca |publisher= House of Commons of Canada |access-date=January 6, 2025 |quote= "Bills which have not received Royal Assent before prorogation are “entirely terminated” and, in order to be proceeded with in the new session, must be reintroduced as if they had never existed."}}
Provisions
= Campaign finance =
The Bill proposed additional regulatory requirements related to contributions that were difficult to trace. Political parties, candidates and a range of other participants in the electoral system would have been prohibited from accepting contributions in the form of a cryptoasset, money order or prepaid payment product, such as a prepaid credit card.
The Bill would have required third parties to Elections Canada the name and address of any contributor of more than $200 whose funds were used for partisan activities, partisan advertising, election advertising and election surveys in the election and pre-election periods.
In addition, third parties that received contributions would have been required to use only contributions from Canadian individuals for regulated expenses, such as partisan and elections advertising.
= Election participation =
The Bill would have amendeded the Canada Election Act with a view to encourage and support voter participation. Two additional days of advance polling would have been authorized, as well as increased flexibility for holding advance polling in remote, isolated communities with smaller populations.
In addition, the Chief Electoral Officer would have been explicitly authorized to establish offices for voting by special ballot in post-secondary educational institutions. The Bill would also have broadened the circumstances in which an elector could vote at a polling station in their electoral district other than the polling station associated with their name on the list of electors
= Political candidates =
The Bill would have eased requirements that must be met for political candidates to be nominated to run for election. The general requirement to obtain at least 100 names, addresses and signatures of electors consenting to a candidacy would have been reduced to 75
= Foreign influence =
The ban on foreign persons and entities unduly influencing electors to vote or refrain from voting for a particular candidate or party would have been extended to apply at all times, rather than only during the election period. The prohibition on selling advertising space to foreigners or foreign entities for election advertising messages would have been expanded to include the sale of advertising space for partisan advertising messages and would have applied outside of the election period.
The Commissioner of Canada Elections would have been able to hold accountable individuals who counsel others to commit an election offence, even where the offence or contravention is not committed.
= Election date =
The bill proposed moving the fixed election date of the 45th Canadian federal election from October 20, 2025, to October 27, 2025. According to the federal government the election date move was intended to avoid the federal election coinciding with Diwali, and the 2025 Alberta municipal elections.{{cite news|url=https://www.cbc.ca/news/politics/elections-act-update-legislation-1.7149657 |title=Liberals introduce legislation amending Elections Act as part of agreement with NDP |last=Major |first=Darren |date=March 20, 2024 |work=CBC News |publisher=Canadian Broadcasting Corporation |access-date=June 2, 2024}}
This change also impacted pensions for some members of Parliament, as MPs need at least six years of service to qualify for a parliamentary retirement pension. The one-week delay in the election date means that 80 MPs first elected in the 2019 Canadian federal election (held on October 21, 2019) would have reached this six-year mark and qualified for the pension.{{cite news |url=https://www.thestar.com/politics/federal/liberals-elections-law-reforms-could-yield-generous-pensions-for-dozens-of-mps/article_4c1df0f6-e7b3-11ee-948b-77fb63b64601.html |title=Liberals' elections law reforms could yield generous pensions for dozens of MPs |last=Patel |first=Raisa |date=March 21, 2024 |work=Toronto Star |access-date= June 2, 2024}} The official opposition Conservatives argued that the pension eligibility was the real motivation for the change, an accusation which the government denied.{{cite news|url=https://www.ctvnews.ca/politics/sparks-fly-as-mps-question-minister-on-pension-implications-of-proposed-election-date-change-1.7102182|
first=Rachel|last=Aiello|date=November 7, 2024|accessdate=December 8, 2024|work=CTV News|title=Sparks fly as MPs question minister on pension implications of proposed election date change}}
Of the 80 MPs who would have become eligible for a pension if the election date had been moved later: 32 were Conservatives, 22 were Liberals, 19 were Bloc Québécois, 6 were New Democrats, and 1 was an independent.{{cite news|url=https://www.ctvnews.ca/politics/ndp-wants-liberals-to-scrap-proposed-election-date-change-that-could-secure-pensions-for-many-mps-1.6906604|
first=Rachel|last=Aiello|date=May 30, 2024|accessdate=December 8, 2024|work=CTV News|title=NDP wants Liberals to scrap proposed election date change that could secure pensions for many MPs}}{{cite news |url=https://nationalpost.com/news/canada/here-are-the-80-mps-set-to-qualify-for-a-pension-with-the-help-of-a-liberal-rule-change |title=Here are the 80 MPs set to qualify for a pension with the help of a Liberal rule change |last=Huras |first=Adam |date=March 26, 2024 |work=National Post |access-date= June 2, 2024}}
On May 31, 2024, NDP MP Lisa Marie Barron stated that the NDP would move an amendment at committee stage to remove the fixed election date change from the bill.{{cite Hansard |jurisdiction=Canada |title=Electoral Participation Act|url=https://www.ourcommons.ca/Content/House/441/Debates/322/HAN322-E.PDF |house=House of Commons of Canada |date=May 31, 2024 |speaker=Lisa Marie Barron |page=24210}}{{cite news |url=https://www.cbc.ca/news/politics/friday-c65-second-reading-debate-1.7221112 |title=Opposition set to amend election bill to curb MP pension eligibility |last=McGregor |first=Janyce |date=May 31, 2024 |work=CBC News |publisher=Canadian Broadcasting Corporation |access-date=June 2, 2024}}
See also
Notes
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