ARCHIVED - Office of the Chief Electoral Officer

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Section I – Overview

Chief Electoral Officer's Message

Immediately following the 39th general election on January 23, 2006, Elections Canada placed a high priority on returning to a complete state of readiness to deliver another general electoral event.

Being ready for any type of electoral event is an integral part of our mandate. This is never more essential than after a general election that returns a minority government, as did the 38th and 39th general elections. Consequently, in 2006–2007 we devoted considerable effort to ensuring that we were prepared to conduct electoral events at any time.

Through other activities as well, in 2006–2007 we continued to meet our primary strategic outcome of delivering electoral events. We conducted the wrap-up of the 39th general election, we delivered two by-elections and we administered the political financing provisions of the Canada Elections Act. We assessed and investigated complaints about contraventions of the Canada Elections Act related to the 39th general election and the two by-elections. We also continued investigating open files from the 38th general election.

During the fiscal year, Elections Canada proactively supported parliamentarians in the ongoing task of electoral reform, with the aim of ensuring that the electoral process continues to enjoy the confidence of Canadians. We worked to enact the provisions of Bill C-2, the Federal Accountability Act, having an impact on the Canada Elections Act. We also provided advice and support to Parliament on Bill C-16, An Act to amend the Canada Elections Act, and Bill C-31, An Act to amend the Canada Elections Act and the Public Service Employment Act; both pieces of legislation were introduced in Parliament during the year and became law after the period of this report.

I was honoured to accept the position of Chief Electoral Officer this past year. I look forward to continue working with the dedicated team of professionals at Elections Canada to further enhance the electoral process, increase accessibility to electoral services for all Canadians and strengthen their connections with our democratic institutions.

____________________________
Marc Mayrand
Chief Electoral Officer of Canada

Management Representation Statement

I submit, for tabling in Parliament, the 2006–2007 Departmental Performance Report (DPR) for the Office of the Chief Electoral Officer. This document has been prepared based on the reporting principles contained in the Guide for the Preparation of Part III of the 2006–2007 Estimates: Reports on Plans and Priorities and Departmental Performance Reports: It adheres to the specific reporting requirements outlined in the Treasury Board Secretariat guide. It is based on the agency’s Strategic Outcome and Program Activity Architecture approved by the Treasury Board. It presents consistent, comprehensive, balanced and reliable information. It provides a basis of accountability for the results achieved with the resources and authorities entrusted to it. It reports finances based on approved numbers from the Estimates and the Public Accounts of Canada. ____________________________ Marc Mayrand Chief Electoral Officer of Canada

 

Summary Information

Elections Canada is an independent body set up by Parliament. Its responsibilities include ensuring that all voters have access to the electoral process, providing information and education programs to citizens about the electoral system, maintaining the National Register of Electors, enforcing electoral legislation, and maintaining readiness to conduct electoral events.

The agency is also responsible for registering political entities, including political parties, electoral district associations and third parties that engage in election advertising; administering the allowances and reimbursements paid to eligible political entities; monitoring compliance with the Canada Elections Act; and disclosing information on political parties, electoral district associations, candidates, nomination contestants, leadership contestants and third parties, including their financial returns.

In addition, the agency recommends to Parliament amendments for the better administration of the Canada Elections Act. It does this through the official reports of the Chief Electoral Officer after electoral events, as well as through the provision of expert advice when Parliament studies electoral reform.

Finally, the agency provides support services to the independent commissions responsible for conducting and reporting on the readjustment of electoral boundaries as a result of changes in the provinces’ representation in the House of Commons every 10 years, and it reports to Parliament on the administration of elections and referendums.

Financial Resources ($ thousands)

Planned Spending	Total Authorities	Actual Spending
$87,226	$118,673	$115,216

Human Resources (FTEs)

2006–2007
Planned	Actual	Difference
361	396	35

Departmental Priorities

			2006–2007
Status on Performance			Planned Spending	Actual Spending
Strategic Outcome: Elections
Program Activity/Priority	Expected Result	Performance Status	($ thousands)
Electoral Event Delivery and Political Financing	To deliver federal elections, by‑elections and referendums that maintain the integrity of the electoral process, and to administer the political financing provisions of the Canada Elections Act.	Successfully met	31,161	40,239
Electoral Event Readiness and Improvements	To achieve and maintain a state of readiness to deliver electoral events whenever they may be called, and to improve the delivery of electoral events.	Successfully met	47,459	68,435
Public Education, Information and Support for Stakeholders	To provide timely and high-quality public education and information programs, and assurance that support on electoral matters is available to the public, parliamentarians, political entities and other stakeholders.	Successfully met	8,606	6,542

Notes:
1.	The agency’s fourth priority, electoral boundaries redistribution, was last completed in 2003–2004. Once we receive the 2011 Census return, redistribution will begin again.
2.	Elections Canada worked on a number of programs and services related to internal operations and administration, identified in the 2006–2007 Report on Plans and Priorities under the heading of “Other Programs and Services.”

Overall Agency Performance

Program Activity/Priority 1: Electoral Event Delivery and Political Financing
Results statement: The successful delivery of federal elections, by‑elections and referendums that maintain the integrity of the electoral process, as well as the administration of the political financing provisions of the Canada Elections Act.
Sub-program	Key Activities	Results Achieved
Electoral Event Delivery	Conducted by‑elections in London North Centre and Repentigny (unplanned).	Elections Canada successfully delivered the by‑elections. Election results can be accessed at: http://www.elections.ca/intro.asp? section=pas&document=index&lang=e
	Conducted an evaluation of polling day activities in the riding of Trinity–Spadina during the 39th general election on January 23, 2006 (unplanned). The findings of the audit indicated that election day registration was properly administered in the electoral district during that electoral event.	The audit identified areas in which operations could be improved. As a result, we have implemented changes to field operations. The report on this audit can be accessed at: http://www.elections.ca/gen/rep/oth/ trinity_e.pdf
Political Financing	Continued to administer the provisions of the Canada Elections Act related to political financing. Successfully implemented the provisions on political financing in the new Federal Accountability Act, which came into force on January 1, 2007. Updated all material (guides, manuals and forms) and trained staff on the new provisions (unplanned).	Elections Canada is ready to administer the provisions of the new Federal Accountability Act related to political financing. The agency paid allowances to registered political parties. It reviewed financial returns from political entities. It published financial information on political parties, electoral district associations and candidates.
Compliance and Enforcement	Assessed and investigated complaints about contraventions of the Canada Elections Act related to the 39th general election and the November 27, 2006, by‑elections. Continued investigating open files from the 38th general election.	90% (3,241 of 3,591) of all complaints received since the 38th general election were resolved.

Program Activity/Priority 2: Electoral Event Readiness and Improvements
Results statement: Achieve and maintain a state of readiness to deliver electoral events whenever they may be called, and improve the delivery of electoral events.
Sub-program	Key Activities	Results Achieved
Electoral Event Readiness and Improvements	Maintained a state of readiness to deliver general elections.	Elections Canada was ready to deliver electoral events throughout the period. The agency successfully conducted two by‑elections.
	Undertook recruitment and appointment of returning officers (ROs) based on merit, and provided training for them.	Through a merit-based process, Elections Canada appointed 308 ROs (1 for each electoral district). The agency fully trained ROs, assistant returning officers and automation coordinators.
	Maintained/renewed relationships with strategic partners, and pursued initiatives to improve processes, systems and databases.	Preliminary lists of electors were prepared for October 2006 and March 2007. Lists for the latter date contained 92% of all eligible electors (meeting the coverage target of 92%), with 84% of them listed at their current address (exceeding the accuracy target of 77%).
	After the 39th general election, undertook more than 40 evaluations of Elections Canada programs and projects. These included exhaustive post-mortems on voter registration services and field technology support. The purpose was to identify short-, medium- and long-term enhancements to improve service delivery and election management.	Evaluations following the 39th general election led to the development of a new vision for voter registration; this will guide long-term improvements to the voter registration process. The Targeted Revision Program was also changed to be more flexible. The effectiveness of these changes will be evaluated during coming events. The agency implemented other operational improvements.
	Field liaison officers (FLOs) provided support and information to help field staff find the best location for their offices and polling sites.	RO offices and polling sites were chosen to maximize accessibility to voting and Elections Canada services. Aside from a central location, one of the criteria for choosing an office is that it be physically accessible to all electors.
Advertising Programs	Reviewed advertising programs and started activity to improve delivery.	Elections Canada will assess the revised advertising campaign during the next general election.
Technology Renewal	Continued development and deployment of new information technology (IT) and telecommunications equipment to improve electoral efficiency.	The results of the changes will be evaluated during the next general election under our event monitoring and evaluation processes.

Program Activity/Priority 3: Public Education, Information and Support for Stakeholders
Results statement: Provide timely and high-quality public education and information programs, as well as assurance that support on electoral matters is available to the public, parliamentarians and political entities.
Sub-program	Key Activities	Results Achieved
Voter Education and Outreach	Evaluated and enhanced outreach programs.	The results will be evaluated during and after the next general election.
Stakeholder Information and Support	The Chief Electoral Officer appeared before parliamentary committees. The agency produced reports and correspondence intended for Parliament.	On a timely basis, Elections Canada provided expert advice to Parliament on electoral matters.
International Assistance	Provided assistance and monitoring for the electoral process in Haiti.	Elections Canada made an important contribution to Haiti’s electoral capacity, which is a vital aspect of longer-term democratic development, good governance and security. Haiti administered parliamentary, local and municipal elections that met internationally recognized standards.
	Shared information and expertise with other electoral authorities and international organizations.	The agency helped to increase knowledge of electoral processes in Canada and internationally by effectively participating in knowledge-sharing activities.

Program Activity/Priority 4: Electoral Boundaries Redistribution

Results statement: Administer the Electoral Boundaries Readjustment Act, under which federal electoral boundaries are readjusted by independent commissions after each decennial (10‑year) census to reflect changes and movements in Canada’s population.

No action required until the next census in 2011.

Program Activity/Priority 5: Other Programs and Services
Sub-program	Key Activities	Results Achieved
Human Resources Modernization	Began to formalize plans and services in the context of the Public Service Modernization Act.	Elections Canada is continuing to formalize its human resources plans. It has developed policies and guidelines to support modernization, as well as the new Public Service Labour Relations Act and the Public Service Employment Act. This work will continue into 2007–2008.
	Commenced review of key performance indicators, for development once strategic agency indicators are finalized.	The agency is complying with its Staffing Management Accountability Framework.
Modern Management Practices	Initiate a review of Elections Canada’s Strategic Plan.	The Strategic Plan was not finalized because a new Chief Electoral Officer was about to take office, and because many significant reforms had been introduced or proposed in legislation. We are currently drafting a new Strategic Plan, for completion in 2007–2008.
	Commenced review and development of key performance indicators.	A draft logic model was prepared on completion of the first phase of the project. Work is continuing toward development of an overall performance framework for Elections Canada in 2007–2008.
Audit and Assurance Services	Continued work on initiatives based on recommendations in Auditor General’s 2005 report. The 2006–2007 financial statements were audited by the Office of the Auditor General.	Elections Canada followed up on specific commitments made in response to the 2005 audit recommendations from the Office of the Auditor General of Canada. A status report on actions completed is planned for review by the agency’s Audit Committee in 2007–2008. The Office of the Auditor General issued an unqualified opinion on the financial statements. For the second consecutive year, a formal management letter was deemed unnecessary. Work began on putting in place the Audit framework as required by the new Treasury Board Policy on Internal Audit.

What's New

For the first time in 40 years and only the second time in the history of Canada’s electoral system, Canadian voters elected a second consecutive minority government on January 23, 2006. During the period covered by this report, Elections Canada’s top priority was to maintain a continuous state of readiness to conduct another major electoral event, which could occur at any time in a minority situation. The agency completed post-event activities associated with the closely spaced 38th and 39th general elections of 2004 and 2006, and at the same time pursued the initiatives outlined in its 2006–2007 Report on Plans and Priorities.

Report on the 39th general election

On May 12, 2006, the Chief Electoral Officer submitted his report on the 39th general election of January 23, 2006, to the Speaker of the House of Commons for tabling in Parliament. On that same day, the Chief Electoral Officer published the official voting results of the 39th general election. This was done in accordance with subsection 534(1) and paragraph 533(a) of the Canada Elections Act.

	For statutory reports by the Chief Electoral Officer, click here.
	For official voting results of electoral events, click here.

By‑elections

On November 27, 2006, Elections Canada administered by‑elections in the electoral districts of London North Centre and Repentigny.

For information on past electoral events, click here.

On March 28, 2007, the Chief Electoral Officer submitted his report to the Speaker of the House of Commons on the administration of the November 27, 2006, by‑elections, in accordance with subsection 534(2) of the Canada Elections Act.

New Chief Electoral Officer

On December 28, 2006, Jean-Pierre Kingsley resigned as Chief Electoral Officer of Canada effective February 17, 2007, after 17 years of service.

On February 9, 2007, Prime Minister Stephen Harper nominated Marc Mayrand as the new Chief Electoral Officer of Canada. Mr. Mayrand was serving as the Superintendent of Bankruptcy at the time.

On February 21, 2007, Mr. Mayrand’s appointment was approved unanimously by the House of Commons, with the appointment effective as of the same date.

Legislation

During the period of this report, Parliament considered a total of 15 bills introduced by the government or private members, having the potential to affect electoral process operations. Details of the bills appear in the section “Risks and Challenges.”

Our Purpose

Canada’s electoral framework is grounded in participation. Taking part in the electoral process strengthens the connections of Canadians with democratic decision making and allows them to demonstrate concern for the future development of their country. Elections Canada is dedicated to facilitating Canadians’ exercise of their democratic rights. We want to make voting fully accessible by reaching out to all voters and using modern technology wherever possible.

Did you know? At the first election after Confederation in 1867, there were 181 seats to be filled in the House of Commons. Canada has had 39 federal general elections since that time, and there are currently 308 seats in the House.

We achieve our purpose through the successful execution of our responsibilities, which include the administration of federal elections, by‑elections and referendums; making sure that all voters have access to the electoral process; informing citizens about the electoral system; maintaining and improving the National Register of Electors; and enforcing electoral legislation.

Elections Canada is also responsible for training and supporting election officers; producing maps of electoral districts; and registering political parties and electoral district associations, as well as third parties that engage in election advertising. We administer the allowances paid to registered political parties; monitor election spending by candidates, political parties and third parties; and publish financial information on political parties, electoral district associations, candidates, nomination contestants, leadership contestants and third parties.

In addition, our responsibilities include supporting the independent commissions responsible for readjusting the boundaries of federal electoral districts every 10 years, and reporting to Parliament on the administration of elections and referendums.

The House of Commons appoints the Chief Electoral Officer to head the agency. The Chief Electoral Officer in turn appoints the Commissioner of Canada Elections, who ensures that the Canada Elections Act is enforced, and the Broadcasting Arbitrator, who allocates paid and free broadcasting time during general electoral events.

Since passage of the Federal Accountability Act on December 12, 2006, the Chief Electoral Officer has also been responsible for the appointment and removal of returning officers. Previously this was the responsibility of the Governor in Council.

Our Funding

As an independent agency of Parliament, the Office of the Chief Electoral Officer is funded by an annual appropriation that essentially provides for the salaries of permanent, full-time staff, and by the statutory authority contained in the Canada Elections Act, the Referendum Act and the Electoral Boundaries Readjustment Act. The statutory authority provides as well for all other expenditures, including the costs of electoral events, maintenance of the National Register of Electors, quarterly allowances to eligible political parties, redistribution of electoral boundaries, and continuing public information and education programs. There are also two other statutory items: the salary of the Chief Electoral Officer and contributions to employee benefit plans.

The statutory authority serves to recognize Elections Canada’s independence from the government and from the influence of political parties. It is a critical component in maintaining the integrity of the democratic process in Canada.

Risks and Challenges

Until recently, Canada’s parliamentary system did not specify a set period of time between federal general elections. (However, under the Constitution Act, 1867 and the Canadian Charter of Rights and Freedoms, the House of Commons cannot sit for longer than five years except in times of real or apprehended war, invasion or insurrection.) On May 3, 2007, Bill C-16, An Act to amend the Canada Elections Act, received royal assent. The legislation provides that, unless the House of Commons is dissolved earlier, an election shall be held on the third Monday of October every four years. Despite this new provision, the length of Elections Canada’s business cycle varies in the ongoing situation of minority government. The uncertainty makes planning a challenge: we must be ready at all times to deliver an electoral event, whether it is a by‑election, general election or referendum; and along with that we must strive to improve the management and administration of the electoral process. Consequently, we must continually assess parliamentary and political events and trends to take into account circumstances that might affect our electoral readiness and preparations for electoral events.

In 2006–2007, with a minority federal government in office, Elections Canada gave highest priority to achieving a state of readiness to conduct a major electoral event and finalizing matters from the previous election. Historical averages suggest that a general election might occur in a much shorter time frame than would be the case under a majority government.

Did you know? In the past 50 years, Canada has had eight minority governments, holding office from 1957 to 1958, 1962 to 1963, 1963 to 1965, 1965 to 1968, 1972 to 1974, 1979 to 1980, 2004 to 2006, and since the most recent general election on January 23, 2006.

Maintaining such a constant state of heightened readiness imposes a strain on any organization. Elections Canada must ensure it can sustain its full organizational capacity over time. Investments are also needed now to renew our technology infrastructure; we had stretched its lifespan to meet our readiness goals.

At the same time, Elections Canada continued to work on ongoing improvements and enhancements to Canada’s electoral process, as well as the agency’s systems and programs such as voter outreach and voter registration. Our aim was to ensure the greatest possible accessibility for all Canadian electors.

Other factors that can influence our performance include high mobility among electors (more than 40 percent of all Canadians change their address every five years), greater social diversity, and a steady increase in the number of electors over the age of 65 and the implications for accessibility.

Our planning must also take into consideration proposed amendments to electoral legislation under consideration by Parliament. For many of these bills, the Chief Electoral Officer is called to appear before the relevant committee of the House of Commons and/or the Senate. The agency prepares a thorough analysis of the proposed changes and plans for their implementation should the bills be adopted. The Chief Electoral Officer made 12 appearances before House of Commons and Senate committees during the period of this report. Details of those appearances are contained in Section II, “Key Program 3: Public Education, Information and Support for Stakeholders.”

In 2006–2007, Parliament considered numerous bills that we needed to take into account in our planning and activities:

• Bill C-2, the Federal Accountability Act, was passed by Parliament on December 12, 2006. It included the following changes to the Canada Elections Act:
• • It transferred responsibility from the Governor in Council to the Chief Electoral Officer for the appointment and removal of returning officers.
  • It reduced contribution limits from $5,000 to $1,000, and prohibited contributions from corporations, unions and unincorporated associations.
  • It established a new report for certain gifts received by candidates.
  • It transferred responsibility for prosecuting offences under the Canada Elections Act to the newly established office of the Director of Public Prosecutions.
  • It made the Office of the Chief Electoral Officer subject to the Access to Information Act.
• Bill C-4, An Act to amend An Act to amend the Canada Elections Act and the Income Tax Act, was introduced in April 2006 and received royal assent in May 2006. It removed the sunset provision contained in Bill C-3, An Act to amend the Canada Elections Act and the Income Tax Act (S.C. 2004, c. 24), and replaced this with a requirement that committees of the Senate and the House of Commons undertake, within two years, a comprehensive review of the amendments made by Bill C-3 in 2004. Bill C-3 had adjusted the conditions for political party registration in response to the June 27, 2003, decision of the Supreme Court of Canada in Figueroa v. Canada (Attorney General). The 2004 legislation contained a sunset clause specifying that the amendments in the bill would cease to have effect two years after the granting of royal assent – that is, in 2006. If Parliament had not passed Bill C-4 in 2006, the rules for political party registration would have been repealed, creating a legal void. The parliamentary review prescribed by Bill C-4 must be completed by May 2008.
• Bill C-16, An Act to amend the Canada Elections Act, was introduced in May 2006 and received royal assent in May 2007. It provides that, unless the House of Commons is dissolved earlier, a general election must be held on the third Monday in October in the fourth calendar year following polling day for the previous general election. Accordingly, the date of the next general election would be Monday, October 19, 2009.
• Bill C-31, An Act to amend the Canada Elections Act and the Public Service Employment Act, was introduced in October 2006 and received royal assent in June 2007. It requires electors to prove their identity and residential address before voting. It also amends the Canada Elections Act to, among other things, make operational changes that will improve the accuracy of the National Register of Electors, facilitate voting and enhance communications with the electorate. It amends the Public Service Employment Act to permit the appointment of casual workers by the Chief Electoral Officer on the occasion of an election for up to 165 working days in a calendar year.
• Bill C-43, the Senate Appointment Consultations Act, was introduced in Parliament in December 2006. It provides for the consultation of electors in a province to determine their preferences for the appointment of senators to represent their province. The bill has not yet received second reading in the House of Commons.
• Also before Parliament were a number of private members’ bills, as well as 10 bills that propose to change electoral district names.
  

In addition, certain judicial decisions during 2006–2007 will affect Elections Canada:

• On March 15, 2007, in R. v. Bryan, the Supreme Court of Canada upheld the constitutionality of section 329 of the Canada Elections Act prohibiting the transmission of election results in an electoral district to the public in another electoral district before the close of all polling stations in that other electoral district. The appellant had published the results from the Atlantic provinces on his Web site, available in the rest of the country, before polls closed in other districts. While it was conceded that the contested provision infringed on freedom of expression, the majority of the Court concluded that it was saved by section 1 of the Canadian Charter of Rights and Freedoms.
• In October 2006, in Longley v. Canada (Attorney General), the Ontario Superior Court of Justice struck down paragraphs 435.01(1)(a) and (b) of the Canada Elections Act limiting the payment of a quarterly allowance to registered parties that achieve a minimum threshold of votes during general elections. The Court ruled that the provisions contravened the right to vote guaranteed by section 3 of the Charter and were discriminatory under section 15 of the Charter. The Court also granted a retroactive remedy to the applicant parties, ordering that they be paid the quarterly allowance effective from January 1, 2004. The Ontario Court of Appeal heard this case on June 27, 2007, and reserved its judgment.

The legislative changes and judicial decisions have significant impacts on Elections Canada and its personnel. These combine with the pressures resulting from successive minority governments and recent far-reaching electoral reform. For the present, Elections Canada has responded to increased requirements by using temporary personnel and contractors and by increasing demands on its core staff. While these strategies provide short-term solutions, they do not offer sustainable strategies over time. Already, the agency faces challenges in attracting and retaining employees, and allowing sufficient time for training. We are also concerned about the turnover of personnel in key positions.

These factors limit our capacity to take on additional work resulting from electoral events and further electoral reforms. Another concern is the increased volume of work that resulted from two closely spaced general elections, especially in the areas of political financing and compliance. Thus far, we have been able to meet statutory deadlines. However, should another general election take place before we have been able to clear files from the 38th and 39th general elections, the risk of delays would be increased.

We are therefore looking at ways to augment our organizational capacity – especially in areas where we rely on temporary employees and contractors – to ensure that we offer political entities responsive service, continue meeting statutory deadlines and provide for timely enforcement of the Act.

Strategic Relationships

Partnerships between different levels of government are increasingly common in Canada. Elections Canada depends on the co‑operation of many partners to achieve a successful strategic outcome benefiting Canadians. The scale of our partnership agreements will vary from one fiscal year to another, depending on whether a general election is conducted or by‑elections are held within a particular year. The agency has agreements with some 40 administrative and electoral data sources at the federal, provincial/territorial and municipal levels. These allow us to provide and/or receive data to update the National Register of Electors, ensuring that we can produce the most current, accurate lists of electors. Several key partners also assist us in maintaining election readiness, delivering electoral events or reaching out to electors. All these partnerships help to improve services to the public.

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