The committee studied Bill C-25, which proposes changes to reinforce the security and integrity of the electoral process in response to foreign interference and other threats. Appearing were Stéphane Perrault, Chief Electoral Officer; Caroline Simard, Commissioner of Canada Elections, with Michael Bisson and Chantal Richard; and academics Dr. Charles Burton, Dr. Andrea Lawlor, and Dr. Lori Turnbull.
Stéphane Perrault expressed general support for Bill C-25, noting it reflects many of his 2024 recommendations, including rules against foreign funding of third parties and deepfakes, but argued it should go further. He recommended adding an offence for publishing false information aimed at undermining trust in election results, not just interfering with a vote, and requiring transparency markers for AI-generated electoral communications. He also supported reinstating a provision from Bill C-65 to let individuals stay on the voters register without their details appearing on lists provided to parties, for security reasons.
Caroline Simard supported the bill's new investigative tools and enforcement powers but recommended a single set of privacy rules for political parties set out in the act, rather than party-specific policies. She also called for mandatory retention of documents held by parties and candidates, mandatory reporting of privacy breaches to her office, and removing the option to destroy crypto contributions to preserve evidence. She noted that the administrative monetary penalty regime is under review and will be updated with the new amendments.
Michael Bisson explained that the office assesses complaints against criteria to prioritize resources and determine outcomes, with administrative monetary penalties aimed at compliance and penal regimes at punishment. He noted that the severity of the offence and legal thresholds are considered, and that the process is quicker than the criminal justice system.
Chantal Richard clarified that the current offence for misuse of personal information is only part of the criminal regime, and that the recommendation to include it in the administrative monetary penalty scheme was not included in Bill C-25. She also stated that new violations on false statements in nomination papers could apply in scenarios where blank forms are signed, though the recommendation was made for other cases.
Dr. Charles Burton argued that Bill C-25 risks being performative without a robust foreign influence transparency registry, noting that no Chinese diplomats have been expelled for interference activities despite credible evidence. He highlighted that the Chinese regime exploits loopholes, such as the tax credit system for donations, and that the bill may not effectively address covert campaign financing by Chinese proxies. He expressed concern that the foreign influence registry is not yet operational two years after Bill C-70 was enacted.
Dr. Andrea Lawlor supported the bill's direction but pointed to limitations, particularly around data protection. She argued that too little is required of political parties to protect voter information, as they are not covered by PIPEDA, and that the bill relies on parties' own internal policies rather than statutory requirements. She recommended standardizing breach notification, creating strong prohibitions on data misuse, and giving the Privacy Commissioner new powers to work with Elections Canada.
Dr. Lori Turnbull welcomed the bill's extension of election protections to nomination and leadership contests, calling them a vulnerable part of the system. She noted that while parties resist oversight, these contests are custodians of public office and need regulation. She supported the 10% own-funds provision for third parties but agreed with others that a separate accounting system for foreign funds could close loopholes, and she advocated for reinstating the per-vote subsidy to reduce reliance on donations.
During questioning, Perrault acknowledged that the 10% own-funds exception for third parties still allows foreign funds to be commingled, but argued it is a significant improvement and cautioned against going further due to rights and freedoms. Simard confirmed she can launch investigations on her own initiative, and that penalties for misuse of elector lists include a $10,000 fine and one year in prison. Lawlor noted that third-party data brokers are not adequately captured by the legislation and represent a site for potential breaches. Turnbull stated that a separate accounting system for foreign funds would not be onerous for third parties. Burton reiterated that the Chinese regime will exploit any loophole, and that the government has not acted on recommendations to expel diplomats or strengthen the foreign influence registry.
AI-generated summary — may contain errors; verify against the official evidence.