Elections Canada Recommends Anti-Meddling Measures for Nomination Votes, Funding

Chief Electoral Officer Stephane Perrault speaks at a press conference about Elections Canada's recommendations report from the 43rd and 44th general elections in Ottawa on June 7, 2022. Patrick Doyle/The Canadian Press

Elections Canada has submitted recommendations to protect elections from foreign meddling as the Foreign Interference Commission enters its policy phase.

The federal election agency presented its report to Parliament on Nov. 1 with 22 recommendations that call for more stringent measures and touch on points raised during the foreign interference inquiry this year.

One recommendation is to restrict nomination and leadership contest voting to citizens and permanent residents after the inquiry heard concerns about Chinese international students voting in a Liberal nomination contest.

“The problem of foreign interference and its impact on Canada’s electoral process and democratic institutions raises significant concerns,” wrote Elections Canada Chief Electoral Officer Stephane Perrault in the report. “I believe that it is timely to put forward a number of recommendations to improve the Canada Elections Act and better protect our elections.”

Elections Canada said some of the recommendations are partially or fully included in Bill C-65 (An Act to amend the Canada Elections Act), which is currently before Parliament.

Perrault noted that some of the measures add to previous recommendations he made in 2022. Others, including those related to nomination and leadership contests and artificial intelligence, are new.

Recommendations on Political Entities

The report recommends prohibiting the “bulk” purchase of party memberships and limiting membership to an individual who applies directly to the party or authorized person.

Another recommendation would require political parties to ensure that their members certify their status as Canadian citizens or permanent residents. The parties would also be required to retain records of voters and their eligibility declarations for a minimum period of time.

Elections Canada also suggests expanding Section 282.4 of the Canada Elections Act, which says no person or entity from outside Canada is allowed to “influence an elector to vote or refrain from voting” during an election period. The agency recommends applying the provision at all times–not just during voting periods–and including nomination and leadership contests.

Regulating third-party funding is also the subject of recommendations. Two of them would prohibit third parties (a person or group that supports certain political parties or candidates) from receiving contributions from foreign entities or using goods or services provided by such organizations.

Another measure would require all leadership or nomination contestants to file a financial return with Elections Canada. Parties would also have to file their contest rules with the federal elections agency.

Recommendations on Social Media, Disinformation

One section of the Elections Canada report is dedicated to communications and misinformation that undermine trust in the electoral process. It includes a recommendation that all electoral communications created using artificial intelligence (AI) be identified as such. Included would be communications made by or on behalf of a party, third parties, or any entity that seeks to influence voters.

Another measure would ensure that AI chatbots designed to answer election-related questions include in their responses sources where users can find official information.

To address the risk of fraud, Elections Canada suggests expanding the impersonation offence of the Elections Act to include misrepresentations of individuals by manipulating their voices or images. It would also apply outside an election period and “explicitly” protect party leaders, as well as nomination and leadership contestants.

Another recommendation would prohibit the spread of false information that intentionally undermines trust in the election process and its results.