7. Supplementary Information
C-47, An Act to implement certain provisions of the budget tabled in Parliament on March 28, 2023
Part 4 – Division 39 – Canada Elections Act
Table of Contents
Part 4 – Various Measures
Overview
Federal political parties are key actors in a healthy democracy and help voters make informed choices through their engagement. Effective engagement requires federal political parties to collect a significant amount and variety of personal information. Canadians rightfully expect that all federal political parties will protect their personal information – no matter where they live – when it comes to the activities they undertake, such as canvassing, fundraising, and polling.
Budget 2023 highlighted the Government’s intention to amend the Canada Elections Act (CEA) to establish a uniform federal approach in respect of federal political parties’ collection, use, disclosure and retention of personal information. Ensuring that all federal political parties have consistent and appropriate national safeguards in place to protect the personal information of Canadians contributes to broader efforts to protect Canada’s democracy.
This commitment is informed by an evolving privacy landscape, calls from experts, and growing expectations from Canadians with respect to the protection of Canadians’ personal information.
As a first step, the Budget Implementation Act, 2023, No. 1 proposes the establishment of a national, uniform regime in relation to the use, collection, disclosure and retention of personal information.
These amendments would take effect when the Budget Implementation Act, 2023, No. 1 receives Royal Assent.
Key Messages
- Federal political parties are key actors in a healthy democracy and help voters make informed choices through their engagement.
- Canadians rightfully expect that all federal political parties will protect their personal information – no matter where they live – when it comes to the activities they undertake, such as canvassing, fundraising, and polling.
- Ensuring that all federal political parties have consistent and appropriate national safeguards in place to protect the personal information of Canadians contributes to broader efforts to protect Canada’s democracy.
- In 2018, Parliament took an important first step by adding the first ever privacy requirements for federal political parties under the Canada Elections Act (CEA), and at the time, the Government committed to revisiting this approach when appropriate.
- Since then, Parliamentarians, the Privacy Commissioner of Canada, the Chief Electoral Officer, academics, and stakeholders have called for stronger protections.
- In light of the evolving privacy landscape, calls from experts, and growing expectations from Canadians, the Government is taking the next step to ensure federal political parties are governed by a uniform, national regime for the collection, use, disclosure and retention of Canadians’ personal information.
Questions & Answers
Q. What are the current privacy requirements for federal political parties?
A. As a result of requirements introduced by the Government in 2018 to the Canada Elections Act (CEA), each party must have a privacy policy as a condition of registration. The CEA requires that the following six elements be included in the policy:
- A statement indicating the types of personal information that the party collects and how it collects that information;
- A statement indicating how the party protects personal information under its control;
- A statement indicating how the party uses personal information under its control and under what circumstances that personal information may be sold to any person or entity;
- A statement indicating the training concerning the collection and use of personal information to be given to any employee of the party who could have access to personal information under the party’s control;
- A statement indicating the party’s practices concerning:
- The collection and use of personal information created from online activity; and
- Its use of cookies;
- The name and contact information of a person to whom concerns regarding the party’s policy for the protection of personal information can be addressed.
Q. How does this proposal respond to the recommendations of the Chief Electoral Officer (CEO) following the 43rd and 44th general elections, as well as previous recommendations by the Privacy Commissioner?
A. The Government appreciates the recommendations made by the CEO, as well as the Privacy Commissioner, on improvements that can be made regarding a privacy regime for federal political parties.
We have listened and heard that more needs to be done. That is why the Government is taking another step to protect voters’ personal information fairly and consistently across the country.
Q. Is the Government of Canada trying to avoid having more demanding privacy requirements than provincial laws demand?
A. The Government of Canada is committed to raising the bar on the privacy regime for federal political parties in an incremental and appropriate way, continuing our work that began in 2018.
Q. How does this approach respect provincial jurisdiction?
A. The Government of Canada respects that provinces and territories have jurisdiction to legislate with respect to the collection, use, disclosure, and retention of personal information by organizations in their province.
At the same time, the application of multiple regimes across the country would create a confusing patchwork of rules and regulations for federal political parties that are registered or eligible to be registered under the CEA, where the rights of voters and the obligations of federal political parties could vary. The Government’s intention is to establish a national, uniform regime for federal political parties governing personal information regardless of they are operating in Canada.
Q. How will a national privacy regime help federal political party volunteers and workers carry out their work?
A. Having a national, uniform regime governing personal information will permit federal political parties to engage and communicate with Canadians fairly, effectively, and efficiently across the country. This means that the way they use, collect, disclose, and retain personal information will follow the same rules regardless of where they are engaging Canadians.
Q. What kind of privacy requirements is the Government considering as part of a national, uniform regime for federal political parties?
A. As part of the Government’s ongoing work to strengthen our democratic institutions, we are actively considering privacy requirements to the extent they are appropriately balanced with the need for federal political parties to participate in public affairs by endorsing one or more of its members as candidates and supporting their election to the House of Commons.
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