By Ron Gould, former Assistant Chief Electoral Officer of Canada – 2006
Updated by Nicole Sloan, Policy Analyst, Elections Canada – July 2012 [1]
The Legislative Framework
Until 1885, under the terms of Canada’s Constitution, the provinces determined who was eligible to vote in federal elections. During the next 35 years, the power to define the federal franchise moved back and forth between the provinces and Parliament. Finally, in 1920, the Dominion Elections Act consolidated Parliament’s control of the federal franchise. This Act also established the post of Chief Electoral Officer (CEO) and isolated the incumbent from political pressures by specifying that the CEO would be appointed by a resolution of the House of Commons (the Canadian Parliament’s lower house), and not by the government of the day. Thus began the tradition of an independent, non-partisan agency administering the electoral process – in fact, the first such agency in the world [2] .
Over the years, amendments to this Act (now called the Canada Elections Act), have included:
- the elimination of disqualifications based on race in 1948;
- the lowering of the voting age from 21 to 18 in 1970;
- the introduction of electoral finance legislation in 1974;
- the creation in 1974 of the position of Commissioner of Election Expenses, to ensure that the election expenses provisions of the Act were complied with and enforced. The Commissioner’s mandate was broadened in 1977 to cover all provisions of the Act, and the title of the office was changed to Commissioner of Canada Elections;
- the creation of the position of Broadcasting Arbitrator in 1983 for the purpose of allocating paid and free broadcasting time to political parties;
- the introduction of the requirement of level access at polling stations in 1992;
- the expansion in 1993 of the right to vote by special ballot to any qualified elector, and not just military personnel, civilian employees of the military, public servants living abroad and dependents of these persons, as had been the case before that date. The special ballot rules now permit voting by any eligible Canadian in or outside Canada who is unable to vote in person on election day or who wishes to vote by special ballot;
- the elimination of door-to-door enumeration in 1996, and its replacement with a permanent National Register of Electors;
- the introduction in 1996 of longer voting hours, as well as staggered hours across the country so that the majority of election results are available at the same time;
- the introduction of a spending limit for third party advertising in 2000;
- the strengthening and expansion, in 2004 and 2006, of political financing regulations, including extending disclosure and registration requirements for political entities; introducing limits on political contributions from individuals to candidates and other political entities; introducing quarterly allowance payments to registered political parties based on the percentage of votes obtained in the previous general election; and banning contributions from unions and corporations to political entities such that only individuals may make contributions;
- the granting to the CEO in 2006 of the authority to appoint returning officers (the officials responsible for the conduct of the vote in each electoral district), on the basis of merit;
- the introduction of fixed election dates in 2007 as well as the requirement for electors to prove their identity and place of residence in order to vote on polling day and in advance polls; and
- the phasing out of the payment of quarterly allowances to registered political parties, beginning in 2011, so that the allowances will end by March 31, 2015.
The Income Tax Act was also changed over time to allow a tax credit for a political contribution, and to allow electoral district associations of political parties, as well as political parties and candidates, to issue tax receipts.
The right to vote and to be a candidate for office has been enshrined since 1982 in the Canadian Charter of Rights and Freedoms, part of Canada’s constitutional law. The Charter provided a basis for several groups to challenge their exclusion from the franchise and to contest other election law provisions in the courts, such as election advertising by third parties and freedom of expression in the broadcasting of election results.
The Canada Elections Act is quite detailed in its provisions concerning electoral operations and the powers of the CEO. The CEO is, however, given discretion to issue-related materials and instructions and, in cases where an emergency, unusual or unforeseen circumstance or error makes it necessary, may adapt many of the provisions of the Act during an electoral event or within 30 days following it.
Institutional Structure
Elections Canada’s headquarters and distribution centre are located in Ottawa, Canada’s capital. The Chief Electoral Officer of Canada is the head of the agency. There have been six CEOs between 1920 and 2012. The current CEO, Marc Mayrand, was appointed on February 21, 2007.
The CEO is responsible for the administration of elections, referendums and other aspects of the Canadian federal electoral system. He or she reports directly to the Canadian Parliament and is thus completely independent of the government of the day. The CEO, under the provisions of the Canada Elections Act, is appointed on a full-time basis by a resolution of the House of Commons – traditionally by a unanimous vote – until age 65, regardless of length of service. The CEO can only be removed for cause, by the Governor General, after a joint address of the House of Commons and the Senate. The CEO’s salary is guaranteed at the level of a judge of the Federal Court and the CEO is prohibited from voting federally. These provisions ensure the complete non-partisanship and independence of action of the CEO in the management of federal elections in Canada.
The Commissioner of Canada Elections is appointed by the CEO to ensure compliance with and enforcement of the provisions of the Canada Elections Act and the Referendum Act. Any person may submit a complaint to the Commissioner. In addition, if the CEO has reasonable grounds to believe that an election officer may have committed an offence, the CEO will direct the Commissioner to make the inquiries that are called for in the circumstances. During an election period, if there is evidence leading the Commissioner to believe that a serious breach of the Act may compromise the fairness of the electoral process, the Commissioner may, taking into consideration the public interest, apply to a court for an injunction ordering the person in question to comply with the law.
The CEO also appoints a Broadcasting Arbitrator, after consultation with political parties represented in the House of Commons. The Broadcasting Arbitrator allocates paid and free broadcasting time to political parties in accordance with the rules set out in the Canada Elections Act and arbitrates disputes between political parties and broadcasters concerning the application of the Act. The Broadcasting Arbitrator also issues guidelines concerning entitlement to and allocation of broadcasting time, the procedures for booking broadcasting time by party, and the obligations of broadcasters during a general election.
The headquarters staff of Elections Canada consists of 360 full-time employees who are public servants selected on the basis of merit. They undertake a wide range of tasks, including administrative, technical, communications, research, operational and legal functions. During an electoral event (a general election, by-election, or referendum), the number of people employed in connection with the event can grow to more than 230,000 across the country.
The field structure at present comprises 308 constituencies, or electoral districts, each one under the responsibility of a returning officer appointed by the CEO through a merit-based process for a 10-year period. Returning officers are responsible for administering the electoral process in their respective electoral district and can be removed by the CEO on the grounds set out in the Canada Elections Act. They work part-time between electoral events and full-time during the event. Returning officers must be qualified electors, reside in the electoral district for which they are appointed and be non-partisan at the federal, provincial and municipal levels. Elections Canada provides returning officers with training courses on all aspects of the duties of their office. Returning officers, in turn, are responsible for providing training to all election officers in their electoral districts.
During an electoral event, each returning officer hires an average of 500 people divided into two groups: office staff and election officers. Office staff handles all the preparation necessary for the smooth conduct of the vote; they are employed on a full-time basis for the duration of the election. Election officers work primarily at the polling sites (where electors go to vote) on election day and carry out the tasks required by the Canada Elections Act so that the vote proceeds in an orderly fashion.
Powers and Functions
Elections Canada is responsible for the conduct of all federal elections, by-elections and referendums. The agency’s duties include:
- administering electoral legislation;
- ensuring access to the electoral system for all qualified electors, through the provision of physical facilities and through public education and information programs;
- maintaining the National Register of Electors;
- appointing and providing instructions to returning officers;
- registering political parties and third parties that engage in election advertising, as well as electoral district associations, leadership contestants and nomination contestants of registered parties, and monitoring and enforcing election spending rules that apply to these political entities;
- publishing information on contributions made to candidates, political parties and third parties, as well as to electoral district associations, nomination contestants and leadership contestants of registered parties; examining and disclosing their financial returns; reimbursing expenses to candidates and registered political parties according to formulas set out in the Canada Elections Act, and administering allowances paid to registered political parties;
- supporting the independent commissions responsible for adjusting the boundaries of federal electoral districts following each decennial census and producing electoral district maps; and
- reporting to Parliament on the administration of elections and referendums.
Elections Canada has no international mandate, but does provide services on an ad-hoc basis and focuses its efforts on initiatives contributing to the work of multilateral organizations such as the Commonwealth Secretariat and the Organization of American States. It also receives visiting delegations from various countries.
Federal Electoral Boundaries Redistribution
The Constitution of Canada requires that federal electoral districts be reviewed after each decennial census to reflect changes and movements in Canada’s population. The process is undertaken by independent commissions working separately in each province to establish federal electoral boundaries. There are no commissions for the three Canadian territories as they each have only one seat in the House of Commons.
As provided for in the Electoral Boundaries Readjustment Act, each commission is composed of three members. It is chaired by a judge appointed by the chief justice of the province and has two other members appointed by the Speaker of the House of Commons. Each of the 10 commissions works separately to propose a new electoral map for its respective province. When defining electoral districts, the commissions are required to consider criteria such as the electoral quota for the province (the population of the province divided by the number of seats to be assigned to the province), communities of identity or interest, historical patterns and the geographic size of electoral districts. The commissions must consult with Canadians through public hearings and consider objections from members of the House of Commons, but the commissions make the final decisions as to where electoral boundaries will lie [3] .
Financing
Elections Canada’s financing comes from two sources – an annual appropriation and a statutory authority.
Annual appropriation: Every year, Elections Canada is required to prepare a budget covering only the costs of the salaries of employees carrying out ongoing functions for the agency. These estimates are approved by Parliament.
Statutory authority: In addition, when establishing its budget, Elections Canada prepares an estimate of the costs that it expects to incur over the next fiscal year for all its activities, other than the costs covered by the annual appropriation. This estimate is not voted on by Parliament as, by law, these costs may be paid directly from the Consolidated Revenue Fund (the treasury).
There are no external donors involved in financing the agency’s delivery of electoral events.
Accountability
Elections Canada is fully accountable for its expenditures pursuant to both its annual appropriation and its statutory authority, as well as subject to audit by the Auditor General of Canada. The CEO reports to Parliament and appears before a parliamentary committee regularly to report on activities and provide advice to parliamentarians as they consider amendments to, or that have an impact on, electoral legislation.
Relations with the Media
Beyond the role played by the Broadcasting Arbitrator and with a few exceptions, Elections Canada is not responsible for monitoring or other regulation of the press or other electronic media. The exceptions include the prohibition on political campaign broadcasting outside Canada or from a broadcasting station outside Canada, and requirements imposed on polling firms and broadcasters when publishing public opinion polls. In addition, broadcasters and individuals are banned from releasing election results for one electoral district in a second electoral district prior to the close of all polls in that second electoral district.
Elections Canada has a small team of media relations specialists who work with journalists both during and between electoral events to convey important information to Canadians about the electoral process and Elections Canada’s mandate and activities. Elections Canada also employs regional media advisors in all parts of the country during the election period to complement and support media relations staff at headquarters. These regional media advisors remain in close contact with returning officers and local media to focus primarily on issues at a regional level, ensuring that information is presented in a timely and targeted manner.
Prior to an amendment in 2000 giving the CEO the power to authorize observers, no one apart from election officials and electors was allowed to be present at polling stations. The Act now allows observers authorized by the Chief Electoral Officer to be present. Media who wish to participate in a photo opportunity with the leaders of registered political parties and/or candidates competing in the same riding as the leader may apply for advance authorization to be observers as part of a media pool authorized by the CEO. This process is carefully coordinated with returning officers, to ensure that voting is not impeded and that the secrecy of the vote is not compromised. If the location allows it, media may photograph or film general footage from the door of a polling site as long as they do not impede voting or compromise the secrecy of the vote.
For public information during an electoral event, Elections Canada contracts an advertising agency, through competitive bidding, to conduct national advertising campaigns during election periods in order to educate voters and encourage turnout.
Relations with Other Institutions and Agencies
As an agent of Parliament, Elections Canada does not come under any government ministry or minister, but reports to Parliament through the Speaker of the House of Commons. The Canada Elections Act provides that the CEO communicate with the government through a minister appointed for that purpose. In practice, this is usually the Leader of the Government in the House of Commons.
After each election, the CEO provides a report to Parliament outlining any matter or event arising in connection with the administration of the Office of the Chief Electoral Officer, including the election, or since the last such report. As well, the report includes information about any adaptation to the Canada Elections Act made by the CEO and any investigations into or prosecutions of alleged breaches of the Act that the CEO considers should be brought to the attention of the House of Commons. In addition, as soon as possible after a general election, the CEO must make a report to Parliament that sets out any amendments that, in the CEO’s opinion, are desirable for the better administration of the Canada Elections Act.
The agency interacts with a number of other agencies and institutions. For example, the CEO belongs to a network of provincial and territorial counterparts across the country where information is exchanged in a variety of forums. Similarly, the CEO belongs to a group of international and Commonwealth counterparts. Elections Canada also meets with various stakeholder groups to discuss voter education and to encourage participation in the electoral process. Finally, although not statutorily mandated, regular meetings are held with representatives of all registered political parties to discuss Elections Canada’s plans and programmes, and items of concern to political parties.
Electoral Reform Management
Only Parliament can undertake electoral reforms that require amendments to legislation. The CEO makes recommendations to Parliament related to changes in electoral legislation and provides advice to Parliamentarians as they review proposed amendments to the federal electoral law.
In the agency’s most recent strategic plan [4] , the CEO has identified Elections Canada’s three strategic objectives as follows:
Trust
To maintain and strengthen the recognition among Canadians, whether they are electors or other participants in the electoral process, that [Elections Canada] administer[s] the Canada Elections Act in a fair, consistent, effective and transparent manner.
Accessibility
To increase accessibility of the electoral process by testing innovative ways to vote and offering electors additional ways to register.
Engagement
- To increase young Canadians’ understanding of the importance of voting and becoming candidates in elections.
- To work more collaboratively with parliamentarians and political parties in further strengthening the electoral process.
Since the creation of the position of Chief Electoral Officer and of Elections Canada in 1920, several changes have strengthened the foundation of Canada’s electoral process. The country’s electoral laws will continue to evolve, to reflect societal change.
Notes:
[1] This version is an update of the case study written by Ron Gould, former Assistant Chief Electoral Officer of Canada, in 2006, and benefits from the legal advisement of Karen McNeil, Legal Counsel, Elections Canada.
[2] Parts of this case study have been adapted from Elections Canada. 2007. A History of the Vote in Canada (2nd ed.). Ottawa.
[3] Following the federal electoral boundary redistribution exercise in 2012, there will be 338 federal electoral districts whose boundaries will be effective on the first dissolution of Parliament that occurs seven months after the proclamation of the representation order establishing the new electoral boundaries. It is expected that the 2015 general election will see the election of 338 members of Parliament.
[4] Elections Canada. 2008. Strategic Plan 2008–2013. Ottawa. 12–13.
