OTTAWA - "Let us consider some examples of the new power the CEO seeks for himself. First, he believes, and I quote from his recommendation, that upon a request from the CEO, political parties be required to produce all documents necessary to ensure compliance with the Canada Elections Act. Let's examine this: it is difficult to imagine what power the CEO seeks here that he does not already have."
— Democratic Reform Minister Pierre Poilievre to Senate committee, April 8.
It is a major reform of the country's election law that could shape how Canadians choose their leaders. But Bill C-23, which the Conservative government has dubbed the Fair Elections Act, has been steeped in controversy since its inception.
Elections Canada has proposed a number of amendments to the legislation. One of those proposals is to give the chief electoral officer the power to compel political parties to produce documents — and demand invoices and receipts — to show they followed the letter of the law.
"The CEO still does not have any power to require a party to produce documents evidencing its compliance with the Act, including its claimed expenses," Elections Canada wrote in a submission to the government.
Parties must also have their financial returns approved by an auditor of their choosing.
But Marc Mayrand recently told CBC that Elections Canada only gets an "overall report" showing a party's campaign spending, but not documents to support those expenses.
Democratic Reform Minister Pierre Poilievre counters that Mayrand actually does have the ability to compel the handing over of documents — by starving a party of cash.
Elections Canada pays back some of the election expenses of parties that meet certain conditions. After the last election, the Conservatives and Liberals were each reimbursed about $9.7 million, while the NDP got back a little more than $10 million, the Bloc Quebecois received nearly $2.7 million and the Green party got close to $1 million.
Poilievre points out that Mayrand, under section 435 (a) of the Canada Elections Act, has the power to withhold reimbursement of a party's election expenses until he is satisfied everything is in order.
"In other words, if he wants more information, he can simply ask for it," Poilievre said Tuesday. "If he does not get that information, he can refuse to authorize the party's reimbursement."
If a problem is found after the money has been repaid, Poilievre says the chief electoral officer can inform the commissioner of Canada Elections, who is in charge of investigating offences under Canada's elections laws, of the allegation.
It would then fall to the commissioner to get a court order to obtain any documents in question.
The rules are different for candidates in elections. Unlike parties, candidates must provide supporting documents — including bank statements, deposit slips and cancelled cheques — with their campaign returns, according to section 451 (2.1) of the Act. The chief electoral officer may ask for more documentation if he is not satisfied, under section 451 (2.2).
"No similar provision exists for political parties," Elections Canada spokeswoman Diane Benson wrote in an email.
Pauline Beange, a professor at the University of Toronto's Scarborough campus who will be testifying Wednesday at a hearing on C-23, says there's some degree of truth to what both Poilievre and Mayrand are saying.
"In terms of the actual 'do they have power to compel?' Yes and no," she said.
"Put it this way: they might not have the power to do it themselves, but they have the power and ability to get it done."
Errol Mendes, a law professor at the University of Ottawa, says withholding the reimbursement or seeking a court order aren't quite the same as actually being able to force a party to provide documents.
"It's a brilliant diversionary tactic," he said.
The verdict? While the chief electoral officer can hold back a party's reimbursement, and the commissioner can seek a court order, neither actually has the power to directly compel a party to hand over documents.
For that reason, there's some baloney to Poilievre's claim.
Also on HuffPost:
Conservative MP Pierre Poilievre rises in the House of Commons to apologize for making an obscene gesture yesterday, in Ottawa Wednesday June 14, 2006. (CP PHOTO/Tom Hanson)
Ottawa-area Conservative MP Pierre Poilievre smiles as he talks with reporters on Parliament Hill in Ottawa Tuesday Feb. 27, 2007. Poilievre referred to "extremist elements" in the Liberal party that want to ease anti-terror laws and shut down the Air India inquiry last week.(CP PHOTO/Tom Hanson) Canada
Democratic Reform Minister Peter Van Loan (right), with Conservative MP Pierre Poilievre looking on, makes an announcement on the introduction of the Accountability with Respect to Loans legislation at the Canadian Museum of Civilization in Gatineau, Quebec across the river from Ottawa, Tuesday May 8, 2007.(CP PHOTO/Fred Chartrand) CANADA ,
Conservative MP Pierre Poilievre rises in the House of Commons to apologize for saying in a radio interview Wednesday that native people need to learn the value of hard work more than they need residential schools compensation, on Parliament Hill in Ottawa, Thursday June 12, 2008. THE CANADIAN PRESS/Tom Hanson
With copies of the Conservative accountabilty booklets, Conservative M.P. Pierre Poilievre waits for the start of the Commons House affairs committee looking into allegations of Tory election spending misconduct during the last election, on Monday Sept. 10, 2007 in Ottawa. (CP PHOTO/Fred Chartrand)
Conservative MP Pierre Poilievre speaks in the House of Commons during question period on Parliament Hill in Ottawa on Monday June 16, 2008. THE CANADIAN PRESS/Sean Kilpatrick
Pierre Poilievre, parliamentary secretary to the prime minister, leaves a news conference after speaking with the media about the gun registry in the Foyer of the House of Commons on Parliament Hill in Ottawa, Tuesday September 14, 2010. THE CANADIAN PRESS/Adrian Wyld
Conservative MP Pierre Poilievre listens to a question during a news conference in Ottawa, Friday October 15, 2010. THE CANADIAN PRESS IMAGES/Adrian Wyld
Conservative MP Pierre Poilievre poses with a bust of Sir John A. Macdonald after announcing the former Bank of Montreal building would be renamed in honour of Canada's first prime minister during a ceremony in Ottawa, Ont., Wednesday January 11, 2012. THE CANADIAN PRESS/Adrian Wyld
Conservative MP Pierre Poilievre rises during Question Period in the House of Commons on Parliament Hill in Ottawa, Tuesday February 28, 2012. THE CANADIAN PRESS/Adrian Wyld
Conservative MP Pierre Poilievre holds up copies of legislation as he responds to a question during Question Period in the House of Commons in Ottawa, Friday October 19, 2012. THE CANADIAN PRESS/Adrian Wyld
Pierre Poilievre is sworn in as the minister of state for democratic reform during a ceremony at Rideau Hall in Ottawa on Monday, July 15, 2013. THE CANADIAN PRESS/Adrian Wyld
The Honourable Pierre Poilievre, Minister of State (Democratic Reform), poses for a group photo after the swearing in of the federal cabinet at Rideau Hall in Ottawa on Monday, July 15, 2013. THE CANADIAN PRESS/ Patrick Doyle
Minister of State Pierre Poilievre stands in the House of Commons during Question Period, in Ottawa Friday, February 7, 2014. THE CANADIAN PRESS/Fred Chartrand
Minister of State (Democratic Reform) Pierre Poilievre responds to a question during question period in the House of Commons on Parliament Hill in Ottawa on Thursday, February 27, 2014. THE CANADIAN PRESS/Sean Kilpatrick
UP NEXT: The Fair Election Act
"The Fair Elections Act will ensure everyday citizens are in charge of democracy, by putting special interests on the sidelines and rule-breakers out of business," says Democratic Reform Minister Pierre Poilievre. Read more about the Fair Elections Act <a href="http://www.democraticreform.gc.ca/eng/content/harper-government-introduces-fair-elections-act" target="_blank">here.</a>
Crackdown On Illegal Robocalls
The legislation proposes a <a href="http://www.democraticreform.gc.ca/eng/content/backgrounder-protecting-voters-rogue-callers" target="_blank">mandatory public registry</a> for mass automated election calls, jail time for those convicted of impersonating an elections official, and "increased penalties for deceiving people out of their votes."
No More 'Vouching' For Your Buddy
In the interest of cracking down on voter fraud, the bill would prohibit the practice whereby one Canadian vouches for another's identity at a polling station. In fact, voter information cards will no longer be accepted as proof of identity. <a href="http://www.democraticreform.gc.ca/eng/content/backgrounder-fair-elections-act-cracking-down-voter-fraud" target="_blank">But the government says voters will still have 39 forms of authorized ID to choose from in order to prove their identity and residence.</a>
Independence For The Elections Commissioner
The Commissioner of Canada Elections office, responsible for enforcing the elections law, will be moved under the mantle of the public prosecutor's office, not Elections Canada. Conservatives believe this will give the commissioner <a href="http://www.democraticreform.gc.ca/eng/content/backgrounder-independent-commissioner-sharper-teeth-longer-reach-and-freer-hand" target="_blank">more independence</a> as the Chief Electoral Officer will no longer be able to direct him to carry out investigations. In future, the commissioner would be appointed by the director of public prosecutions to a non-renewable, seven-year term. The legislation <a href="http://www.huffingtonpost.ca/2014/02/04/fair-elections-act-poilievre-robocalls_n_4723565.html" target="_blank">also bars</a> former political candidates, political party employees, ministerial or MP staffers or employees of Elections Canada from being named commissioner. <a href="http://www.democraticreform.gc.ca/eng/content/backgrounder-independent-commissioner-sharper-teeth-longer-reach-and-freer-hand" target="_blank">Tories believe the legislation will give the commissioner "sharper teeth" and a "longer reach" to seek out stronger penalties for offences.</a>
More Donations Welcome
The ceiling for individual political donations would be raised to $1,500 from $1,200 and party spending limits would be increased by five per cent. Union and corporate donations are still banned, though.
The West Won't Have To Wait
A long-standing ban on the <a href="http://www.democraticreform.gc.ca/eng/content/backgrounder-fair-elections-act-respecting-democratic-elections-defending-freedom-speech" target="_blank">premature transmission of election results</a> will be lifted, meaning voters in Western Canada will get to know how things are shaping up out East before heading to the polls. Broadcasters can share results from Eastern Canada on election night, even if the polls aren't closed in the West. The government believes this change will uphold free speech.
New Rules On Political Loans
The legislation would raise the amount candidates can <a href="http://news.nationalpost.com/2014/02/04/conservatives-unveil-fair-elections-act-which-they-say-will-crack-down-on-illegal-robocalls/" target="_blank">contribute to their own campaigns to $5,000.</a> Leadership contestants will be allowed to give their own campaign up to $25,000.
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John Patrick Stanley