The Canadian Electoral System Publication No. 2013-81-E 15 September 2008 Revised 22 October 2015 Dara Lithwick Sebastian Spano Legal and Social Affairs Division Parliamentary Information and Research Service Library of Parliament Background Papers provide in-depth studies of policy issues. They feature historical background, current information and references, and many anticipate the emergence of the issues they examine. They are prepared by the Parliamentary Information and Research Service, which carries out research for and provides information and analysis to parliamentarians and Senate and House of Commons committees and parliamentary associations in an objective, impartial manner. © Library of Parliament, Ottawa, Canada, 2015 The Canadian Electoral System (Background Paper) Publication No. 2013-81-E Ce document est également publié en français. CONTENTS 1 INTRODUCTION ....................................................................................................... 1 2 BACKGROUND ......................................................................................................... 1 3 THE CHIEF ELECTORAL OFFICER ........................................................................ 2 4 CALLING ELECTIONS .............................................................................................. 4 5 THE RIGHT TO VOTE .............................................................................................. 5 6 VOTER REGISTRATION .......................................................................................... 7 7 VOTER IDENTIFICATION ........................................................................................ 8 8 POLITICAL PARTIES ................................................................................................ 9 9 CAMPAIGN FINANCE ............................................................................................ 10 9.1 The 1974 Election Expenses Act ......................................................................... 11 9.2 2003: Limits on Contributions and Quarterly Allowances for Political Parties ............................................................ 11 9.3 2007: The Federal Accountability Act .................................................................. 12 9.4 2011: The Beginning of the End of the Per-vote Subsidy to Political Parties .............................................................. 13 9.5 2014: The Fair Elections Act ................................................................................ 13 10 CONSTITUENCIES AND REDISTRIBUTION ........................................................ 14 10.1 History .................................................................................................................. 15 10.2 The Electoral Boundaries Readjustment Act ....................................................... 15 11 ELECTORAL CANDIDACY ..................................................................................... 17 12 ADVERTISING AND BROADCASTING DURING AN ELECTION CAMPAIGN .................................................................................... 18 13 THE TREATMENT OF THIRD PARTIES ................................................................ 19 14 SELECTED ASPECTS OF CANADIAN ELECTION CAMPAIGNS .................................................................... 21 14.1 Media Coverage ................................................................................................... 21 LIBRARY OF PARLIAMENT i PUBLICATION NO. 2013-81-E 14.2 Voter Contact Calling Services ............................................................................ 21 14.3 Election Debates .................................................................................................. 22 14.4 Opinion Polls ........................................................................................................ 22 14.5 Elections and the Public Service .......................................................................... 22 14.6 Meetings and Rallies ............................................................................................ 22 14.7 Corrupt and Illegal Practices ................................................................................ 23 15 ELECTION DAY PROCEDURES ........................................................................... 24 15.1 Election Day and Advance Polls .......................................................................... 24 15.2 Compilation and Reporting of Election Results ................................................... 25 15.3 Challenges to Election Results ............................................................................ 26 16 CONCLUSION ........................................................................................................ 26 LIBRARY OF PARLIAMENT ii PUBLICATION NO. 2013-81-E ∗ THE CANADIAN ELECTORAL SYSTEM 1 INTRODUCTION This paper provides an overview of the nature and operation of the Canadian electoral system,1 with a focus on elections for the federal Parliament. In keeping with Canada’s federal system of government, each province has its own system for elections to its legislatures. The federal and provincial electoral processes are independent of each other. The main body of Canadian federal election law is contained in the Canada Elections Act, but many other statutes – including the Constitution Act, 1867, the Electoral Boundaries Readjustment Act, the Broadcasting Act, the Parliament of Canada Act, the Income Tax Act and the Criminal Code – also contain provisions regarding the Canadian electoral process. 2 BACKGROUND Canadian electoral law has grown in complexity and is constantly evolving. The current electoral system is the result of cumulative changes in both law and practice that have been taking place since the formation of Canada in 1867. In the early years after Confederation, the administration of elections was haphazard and highly politicized. The right to vote was severely limited: only white men could vote, and even then they had to satisfy certain property qualifications. Elections were held at different times across the country, and there was no such thing as a secret ballot. As the right to vote was extended and virtually all adult men and, later, women were enfranchised, the public became less tolerant of partisan excesses and frequent occurrences of electoral fraud and manipulation. Reform became necessary in order for the system to gain and retain legitimacy and public support. Since Confederation, in addition to the extension of the right to vote, the evolution of the Canadian electoral process has been shaped by two fundamental developments: first, the creation of a non-partisan electoral system governed by highly specific procedures overseen by an independent election agency; and, second, the regulation of political party campaigning, particularly campaign financing. The latter development is comparatively recent. Many of the changes in the electoral process have followed in-depth studies by government bodies. One study of particular significance was conducted by the Royal Commission on Electoral Reform and Party Financing (the “Lortie Commission”) in 1992. The Commission published a four-volume report recommending fundamental changes to the electoral system in a number of areas, including campaign financing. The Chief Electoral Officer also presents reports to Parliament on a regular basis, and these often include recommendations for legislative changes. The House of Commons Standing Committee on Procedure and House Affairs has conducted thorough reviews of the recommendations for electoral reform proposed by the Chief Electoral Officer after a number of general elections, including, most recently, LIBRARY OF PARLIAMENT 1 PUBLICATION NO. 2013-81-E THE CANADIAN ELECTORAL SYSTEM the 39th, 40th, and 41st general elections.2 The Committee’s studies of such recommendations have, at times, led to further refinements and improvements to the Canada Elections Act.3 In May 2000, Parliament enacted a new Canada Elections Act.4 Although this legislation represented the first full-scale overhaul of federal electoral law in almost 30 years, it did not radically change Canada’s federal electoral process so much as bring it up to date. In addition, the new Act was an attempt to respond to a number of electoral matters that had been the subject of court decisions in recent years. The Act has already been amended on several occasions, most notably in 2003, when new electoral finance provisions were introduced.5 In 2007, voter identification rules were enacted, further changes to campaign finance rules were made, and a fixed-date process was set for federal elections.6 In 2014, numerous amendments were made in relation to the office of the Chief Electoral Officer, the office of the Commissioner of Canada Elections, communications with electors, voter identification, campaign financing, and the prohibitions and enforcement provisions of the Act, among other matters.7 3 THE CHIEF ELECTORAL OFFICER As noted earlier, one of the most significant developments in the history of the Canadian political system is that the administration and organizing of elections have been progressively removed from partisan political control and intervention. The electoral system is now administered by impartial and independent election officials, although the laws continue to be passed by politicians. The Canadian public have well-ingrained expectations for the neutrality of election officials: they must not be seen