2018–19 Departmental Results Reports
Operating context and key risks
With the general election held on October 21, 2019, fiscal year 2018–19 was the last year of preparations before entering into a general election year. In this context, Elections Canada's overarching focus was to finalize the transformation initiatives it has undertaken following the 2015 general election, and begin preparations to return to general election readiness. Most of the preparatory work for the next general election was completed by spring 2019.
For the 2018–19 fiscal year, Elections Canada identified risks that could impede on its ability to deliver on committed results, or affect its reputation with regards to the integrity of the 2019 general election.
Risk | Risk Response Strategy | Core Responsibility | Link to mandate letter commitments or departmental priorities (as applicable) |
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There is a risk that electoral integrity issues compromise Elections Canada's reputation, the privacy of Canadians, and their trust and ability to participate in the electoral process | Elections Canada’s Electoral Integrity Program will monitor the environment, both nationally and internationally. The agency has implemented cybersecurity safeguards and a “Security by Design” framework for transformation initiatives. Further initiatives will continue to improve the agency’s security posture. These include a cybersecurity audit as well as training and awareness activities both at headquarters and in the field. Elections Canada has updated its corporate risk framework and continues to monitor the risk environment and linkages to the national security framework. The agency also plans to update its Departmental Security Plan, Business Continuity Plan and emergency planning process. |
Election administration and oversight | Promoting a fair and transparent electoral process that is free of undue influence |
Supplementary Information Tables:
New Legislation
Bill | Title | Summary | Text of the Bill |
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Bill C-50 | An Act to amend the Canada Elections Act (political financing) | Royal Assent (June 21, 2018) | Bill C-50 amended the Canada Elections Act to:
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Bill C-76 | An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments | Royal Assent (December 13, 2018) | Bill C-76 amended the Canada Elections Act to:
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Bill | Title | Last Stage Completed | Text of the Bill |
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Government Bills | |||
Bill C-33 | An Act to amend the Canada Elections Act and to make consequential amendments to other Acts | Introduction and First Reading in the House of Commons (2016-11-24) | Bill C-33 would amend the Canada Elections Act to:
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Private Members' Bills | |||
Bill C-212 | An Act to amend the Parliament of Canada Act (members who cross the floor) | Introduction and First Reading in the House of Commons (2016-01-28) | This Bill would amend the Parliament of Canada Act to trigger a by-election when an MP changes political parties (if elected as a member of another party) or joins a party (if elected as an independent). |
Bill C-213 | An Act to amend the Canada Elections Act (voting age) | Introduction and First Reading in the House of Commons (2016-01-28) | Lowers the federal voting age to 16 years of age. |
Bill S-239 | An Act to amend the Canada Elections Act (eliminating foreign funding) | Second Reading in the Senate and referred to committee (2018-06-05) | Broadens the prohibition on inducements of electors by non-residents and clarifies the meaning of “induce.” Makes it an offence for a third party to accept a foreign contribution for any purpose related to an election and expands the list of foreign contributors. |
Bill C-279 | An Act to amend the Canada Elections Act (length of election period) | Introduction and First Reading in the House of Commons (2016-05-31) | This Bill would specify the maximum duration of an election period and provides for the postponement of polling day where it would fall between December 20 and January 2. |
Bill C-295 | An Act to amend the Canada Elections Act (residence of electors) | Introduction and First Reading in the House of Commons (2016-06-15) | This Bill would amend the Canada Elections Act to allow all Canadian citizens to vote in a federal election, regardless of their place of residence. |
Bill C-297 | An Act to amend the Canada Elections Act (voting hours) | Introduction and First Reading in the House of Commons (2016-06-16) | Changes the voting hours across Canada (7:00 a.m. to 10:00 p.m. on polling day). |
Bill C-298 | An Act to amend the Canada Elections Act (voting hours–Pacific time zone) | Introduction and First Reading in the House of Commons (2016-06-16) | Changes the voting hours in the Pacific time zone (8:00a.m. to 8:00p.m. on polling day). |
Bill C-327 | An Act to amend the Canada Elections Act and to make a consequential amendment to another Act (political financing) | Introduction and First Reading in the House of Commons (2016-12-06) | Amends contribution limits to $500/year ($1000/year for leadership contestants) and the computation of the quarterly allowance paid to parties ($0.375 multiplied by the number of valid votes). It amends the Income Tax Act regarding the eligible amount of a monetary contribution made to a registered party, electoral district association or candidate. |
Bill C-340 | An Act to amend the Canada Elections Act and to make a consequential amendment to another Act (political financing) | Introduction and First Reading in the House of Commons (2017-03-07) | Amends contribution limits to $500/year ($1000/year for leadership contestants) and the computation of the quarterly allowance paid to parties ($0.4375 multiplied by the number of valid votes). Amends the Income Tax Act as to the eligible amount of a monetary contribution made to a registered party, electoral district association or candidate. |
Bill C-377 | An Act to change the name of the electoral district of Châteauguay–Lacolle | Referred to committee in the Senate (November 22, 2018) | This Bill would change the name of the electoral district of Châteauguay—Lacolle to “Châteauguay—Les Jardins-de-Napierville.” |
Bill C-401 | An Act to amend the Canada Elections Act (voting age) | First Reading in the House (May 1, 2018) | Lowers the federal voting age to 16 years of age. |
Bill C-402 | An Act to change the name of certain electoral districts | Second Reading in the Senate (last debated April 2, 2019) | Changes the name of 16 electoral districts across the country: Nova Scotia (3), Quebec (4), Ontario (2), Manitoba (1), Saskatchewan (1), Alberta (2), British Columbia (3). |
Judicial Proceedings (non-mandatory)
Concluded proceedings
Proceeding | Description |
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Frank & Duong v. Attorney General of Canada | On May 18, 2012, the applicants challenged the constitutionality of the provisions of the Canada Elections Act which prohibit Canadian citizens residing outside Canada for five consecutive years or more from voting by special ballot in a federal election. On May 2, 2014, the Ontario Superior Court of Justice found the provisions in question to be unconstitutional. On July 20, 2015, the Ontario Court of Appeal overturned the lower court ruling. The Chief Electoral Officer participated in the matter as an intervenor. The applicants sought and received leave to appeal to the Supreme Court of Canada and the appeal was heard on March 21, 2018. The Supreme Court of Canada allowed the appeal and found that the provisions infringed the right to vote and were not justified. The case is reported at 2019 SCC 1 and the judgment was delivered January 11, 2019. |
Council of Canadians, Canadian Federation of Students, Jessica McCormick, Peggy Walsh Craig, and Sandra McEwing v. Attorney General of Canada | On October 9, 2014, the applicants challenged the constitutionality of the Fair Elections Act, alleging that it breached s. 3 of the Canadian Charter of Rights and Freedoms by placing restrictions on identification, limiting the authority of the Chief Electoral Officer (CEO) to provide public education programs, and eliminating the CEO's authority regarding enforcement and compliance activities. They also alleged that it denies electors an equal opportunity to vote contrary to s. 15 of the Charter. The CEO received leave to intervene. A request for a stay of operation of certain provisions was denied. The original application remained, but there were numerous adjournments on consent since the tabling of legislation (Bill C-33, then Bill C-76) proposed reforms that address some of the contentious provisions. Bill C-76 received Royal Assent on December 13, 2018, and the parties wrote to the Court on December 19, 2018 to vacate the hearing dates (on consent). The applicants abandoned the application on March 8, 2019. This concludes the matter. |
Rodriguez v. PCO and Attorney General of Canada | On October 16, 2017, the plaintiff filed a claim in the Federal Court seeking a declaration that the Canada Elections Act unjustifiably restricts his freedom of expression, contrary to s. 2(b) of the Canadian Charter of Rights and Freedoms, because there is no option on the ballot to vote “none of the above”. He argued that the absence of a “None of the Above” option on a ballot prevents electors from officially expressing dissatisfaction with all of the candidates available to them in a federal election. Elections Canada is not named as a party. The Attorney General moved for summary judgment. The motion for was heard on July 10, 2018 and was granted. Mr. Rodriguez' claim was dismissed. |
Ongoing proceedings
Proceeding | Description |
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Jean Edwards and Larry Edwards v. Algoma District School Board and Chief Electoral Officer of Canada | The Algoma District School Board (“ADSB”) leased property located at Mountain View Public School to Elections Canada (EC) for voting to take place there on October 19, 2015. Jean Edwards alleges to have tripped and fallen on a depression in the asphalt on election night. Mrs. Edwards and her husband have subsequently filed a lawsuit in the Ontario Superior Court of Justice on September 13, 2017, against the ADSB for damages purportedly resulting from Mrs. Edwards’ alleged injuries. On January 29, 2018, the CEO was served by the ADSB with a Third Party Claim (meaning that the ADSB claims the fault is EC’s and EC should therefore be made liable for damages instead of the ADSB). Our insurer retained a lawyer to represent us. No hearing has been scheduled to date. |
O’Leary Productions Inc., et al. v. the Attorney General of Canada | The applicants challenge the constitutionality of the following subsections of the Act on the basis that they infringe ss. 2(b), 3 and 7 of the Charter :
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Satinder Dhillon and Emmet Pierce v. Chief Electoral Officer, Maxime Bernier, Christian Roy and the People’s Party of Canada | Satinder Dhillon registered a copyright and a trademark for the term “People’s Party of Canada” and applied to register a political party. Shortly thereafter, Maxime Bernier applied to register a political party using the same English name. Elections Canada conducted a membership review and Mr. Bernier’s party became eligible then subsequently became registered on January 17, 2019. Mr. Dhillon and Mr. Pierce filed an application for judicial review of the decision to register Mr. Bernier’s party. |
Satinder Dhillon and Emmet Pierce v. Chief Electoral Officer, Maxime Bernier, Christian Roy and the People’s Party of Canada | Satinder Dhillon registered a copyright and a trademark for the term “People’s Party of Canada” and applied to register a political party. Shortly thereafter, Maxime Bernier applied to register a political party using the same English name. Elections Canada conducted a membership review and Mr. Bernier’s party became eligible, then subsequently became registered on January 17, 2019. On February 20, 2019, Mr. Dhillon’s application was refused because his party’s name would likely be confused with that of another registered party. Mr. Dhillon and Mr. Pierce filed an application for judicial review of the refusal. |