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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)
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

The following electoral legislation affecting federal elections has been enacted in fiscal year 2018-19.
Bill Title Summary Text of the Bill
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:

  • enact an advertising and reporting regime for certain fundraising events attended by Ministers, party leaders or leadership contestants
  • harmonize the rules applicable to contest expenses of nomination contestants and leadership contestants with the rules applicable to election expenses of candidates
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:

  • incorporate the rules in Bill C-33
  • allow for more flexible processes at the polls, such as the option to vote at any table, worker shifts from one role to another, etc.
  • for advance polls: extend voting hours, eliminate the elector signature requirement, simplify closing procedures, allow for the use of mobile advance polls in isolated communities and permit the count of ballots to commence an hour before polls close
  • permit the hiring of election officers pre-writ and up to half of required officers from sources other than party lists
  • address both physical and mental disabilities and impose broader accessibility service standards
  • enable Canadian Forces electors to vote through ordinary channels
  • allow for electronic special ballot applications
  • limit writ periods to 50 days
  • provide for election postponements in cases of flood, fire or other disaster
  • streamline the requirements for candidate nominations
  • increase reimbursement rates for childcare and other personal expenses (up to 90%), create a reimbursement for accessibility expenses and enable candidates to pay personal and litigation expenses from their own funds
  • harmonize the auditing threshold to $10,000 in contributions or expenses across all regulated entities, and index the reimbursement for audit expenses to inflation
  • enable Elections Canada to request supporting documentation in connection with party returns
  • create a “pre-election period” for fixed date elections commencing June 30 of the election year and subject parties and third parties to new spending limits and reporting requirements for this period
  • regulate third party activities beyond “advertising”, including pre-writ partisan activities
  • subject third parties to extensive new reporting requirements, and limits on use of foreign funds
  • create new requirements for online platforms to keep and publish registries of digital ads from political entities
  • introduce an administrative monetary penalty regime that would allow the Commissioner to issue fines for non-compliance with political financing requirements and certain voting offences
  • relocate the Commissioner of Canada Elections within the Office of the CEO and allow the Commissioner to compel testimony and lay charges
  • create new offences related to the misuse of computers and online or social media “impersonation”

At the time of writing this report, there is one government bill and 12 private members' bills before Parliament that may have an impact on Elections Canada's affairs.
Bill Title Last Stage Completed Text of the Bill
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:

  • remove limitations on public education and information activities conducted by the Chief Electoral Officer (CEO)
  • establish a Register of Future Electors in which Canadian citizens 14 to 17 years of age may consent to be included
  • authorize the Minister of Citizenship and Immigration to provide the CEO with information about permanent residents and foreign nationals for the purpose of updating the Register of Electors
  • remove the prohibition on the CEO authorizing the use of the "voter information card" as identification
  • replace, in the context of voter identification, the option of attestation for residence with an option of vouching for identity and residence
  • remove two limitations on voting by non-resident electors: the requirement that they have been residing outside Canada for less than five consecutive years, and the requirement that they intend to return to Canada to resume residence in the future
  • relocate the Commissioner of Canada Elections to within the Office of the CEO, and provide that the Commissioner is to be appointed by the CEO, after consultation with the Director of Public Prosecutions, for a non-renewable term of 10 years.
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
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
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 :
  • 367(1)(d), (6) and (7) - $25,000 limit on leadership contributions to one’s own campaign;
  • 478.75(1) - deadline for payment of leadership campaign debts (within 3 years of the contest);
  • 497.5(1)(h) - offence for failure to pay the debt within 3 years; and
  • 500(1) - guilt for failing to pay leadership campaign debts on time gives rise to liability to a fine of up to $2,000 or to imprisonment for up to 3 months, or to both.
The applicants seek a declaration of invalidity and costs. They also seek a declaration that O’Leary Productions Inc. may make a loan to the leadership campaign to pay campaign debts and that the applicants will not be subject to persecution in relation to such loan. The Chief Electoral Officer is an intervenor in the case. The application will be heard on January 21 and 22, 2020.
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.