Vol. 149, No. 13 — July 1, 2015

Registration

SOR/2015-162 June 17, 2015

CANADA ELECTIONS ACT

Tariff Amending the Federal Elections Fees Tariff

P.C. 2015-842 June 17, 2015

His Excellency the Governor General in Council, on the recommendation of the Leader of the Government in the House of Commons and of the Chief Electoral Officer, pursuant to section 542 (see footnote a) and subsection 544(1) of the Canada Elections Act (see footnote b), makes the annexed Tariff Amending the Federal Elections Fees Tariff.

TARIFF AMENDING THE FEDERAL ELECTIONS FEES TARIFF

AMENDMENTS

1. Section 2 of the Federal Elections Fees Tariff (see footnote 1) is replaced by the following:

2. (1) Returning officers and other persons employed at or in relation to elections shall be paid the fees, costs, allowances and expenses as set out in the schedule.

(2) With respect to a monthly fee set out in the schedule, if a person only works for part of the month for which he or she is entitled to the fee, he or she is to be paid as follows:

(a) if he or she has worked less than half the number of working days during that month, an amount equal to half the monthly fee; and
(b) if he or she has worked at least half the number of working days during that month, the entire monthly fee.

(3) Allowances for travel expenses are to be paid only for travelling to and returning from the place where a task is to be accomplished if that place is located more than 16 km from the traveller’s home or workplace, whichever is closer, using the most direct route.

2. The heading before section 4 and sections 4 and 5 of the Tariff are replaced by the following:

ANNUAL INFLATION ADJUSTMENT

3. (1) Subsection 6(1) of the Tariff is replaced by the following:

6. (1) Subject to subsections (1.1), (3) and (4), the amounts set out in the schedule shall be adjusted, annually on January 31, by multiplying each of them by the annual inflation adjustment factor set out in subsection (2), and the resulting amounts, rounded to the nearest cent, apply during the calendar year beginning on that date and ending on January 30 of the following year.

(1.1) Subsection (1) does not apply to the amounts set out in paragraph 23(e), item 27, paragraph 29(e) and item 43 of the schedule.

(2) Paragraphs 6(2)(a) and (b) of the Tariff are replaced by the following:

(a) a numerator that is the annual average Consumer Price Index, as published by Statistics Canada under the authority of the Statistics Act, for the calendar year preceding the January 31 adjustment date, calculated on the basis of 2002 being equal to 100; and
(b) a denominator that is 125.2, which is the annual average Consumer Price Index, as published by Statistics Canada under the authority of the Statistics Act, for 2014, calculated on the basis of 2002 being equal to 100.

(3) Section 6 of the Tariff is amended by adding the following after subsection (3):

(4) If, in any given calendar year, the annual inflation adjustment factor is below zero, no adjustment will be effected in that year.

4. Section 7 of the Tariff and the heading before it are replaced by the following:

7. (1) If the hourly rate provided for in this Tariff is lower than the highest minimum hourly rate that applies in a province, other than a territory, on the January 31 immediately before the work is performed, the highest provincial hourly rate applies.

(2) For the purposes of subsection (1), only provincial minimum hourly rates that are generally applicable regardless of occupation, status or work experience are to be considered.

8. The Chief Electoral Officer may make accountable advances to returning officers and to additional assistant returning officers to defray office and other incidental expenses in an amount that does not exceed $2,000.00 per advance and per officer.

5. The schedule to the Tariff is amended by replacing the references after the heading “SCHEDULE” with the following:

(Sections 2, 3 and 6)

6. Item 1 of the schedule to the Tariff is replaced by the following:

1. A returning officer shall be paid, for services performed and expenses incurred during the period beginning on the day that is three months after the end of an election period and ending on the day before the date of the issue of the writ, including keeping current with communications, conducting a reconciliation of all time and financial account statements, appointing and training an assistant returning officer and storing election materials at his or her residence, per month..............$395.52

7. The heading before item 2 of the schedule to the Tariff is replaced by the following:

During an Election Period

8. (1) The portion of subitem 2(1) of the schedule to the Tariff before paragraph (b) is replaced by the following:

2. (1) A returning officer shall be paid, for services performed during an election period,

(a) if a poll is held, a base fee of..............$23,879.52

(2) Subitem 2(2) of the schedule to the Tariff is replaced by the following:

(2) A returning officer shall be paid, for attending a recount, for each hour worked as certified by the judge who conducts the recount..............$49.44

(2.1) A returning officer shall be paid, for each hour of travel time to attend a recount..............$49.44

9. Items 3 to 22 of the schedule to the Tariff are replaced by the following:

3. (1) A person who is appointed as an office coordinator shall be paid, for each hour worked..............$15.00

Office Clerk

(2) A person who is appointed as an office clerk shall be paid, for each hour worked,..............$13.15

Receptionist

(3) A person who is appointed as a receptionist shall be paid, for each hour worked..............$13.15

Electoral Material Coordinator

(4) A person who is appointed as an electoral material coordinator shall be paid, for each hour worked..............$15.00

Community Relations Officer

(5) A person who is appointed as a community relations officer shall be paid,

(a) for each hour worked..............$16.50
(b) for each hour of travel time..............$16.50
(c) for travel expenses..............the allowances and expenses referred to in item 50

Recruitment Officer

(6) A person who is appointed as a recruitment officer shall be paid,

(a) for each hour worked..............$24.12
(b) for each hour of travel time..............$24.12
(c) for travel expenses..............the allowances and expenses referred to in item 50

Assistant Recruitment Officer

(7) A person who is appointed as an assistant recruitment officer shall be paid,

(a) for each hour worked..............$17.00
(b) for each hour of travel time..............$17.00
(c) for travel expenses..............the allowances and expenses referred to in item 50

Financial Officer

(8) A person who is appointed as a financial officer at the office of a returning officer shall be paid, for each hour worked..............$23.26

Office Messenger

(9) A person who is appointed as an office messenger shall be paid,

(a) for each hour worked..............$13.15
(b) for each hour of travel time..............$13.15
(c) for travel expenses..............the allowances and expenses referred to in item 50

Safety Officer

(10) A person who is appointed as a safety officer to maintain order in the office of a returning officer shall be paid, for each hour worked..............$15.00

After an Election Period

4. A returning officer shall be paid, for services performed at the Chief Electoral Officer’s request, other than services performed under any other item of this schedule, during the three months after the end of an election period, including making the campaign election returns available for inspection..............$1,977.60

Assignments

5. A returning officer who, at the Chief Electoral Officer’s request, in addition to the duties set out in items 1, 2 and 4, carries out an assignment or participates in a working group studying a particular aspect of the federal electoral process, shall be paid,

(a) for services performed in connection with that assignment or that participation, for each hour worked..............$49.44
(b) for each hour of travel time..............$49.44
(c) for travel and living expenses..............the allowances and expenses referred to in item 50

Sessions on Electoral and Related Matters

6. A returning officer who attends a session on electoral and related matters shall be paid,

(a) for each hour of attendance at the session..............$49.44
(b) for each hour of travel time..............$49.44
(c) for travel and living expenses..............the allowances and expenses referred to in item 50

ASSISTANT RETURNING OFFICERS AND STAFF

During an Election Period

7. (1) An assistant returning officer shall be paid, for services performed by the officer during an election period,

(a) if a poll is held, a base fee of..............$17,576.37
(b) if a poll is not held because of a return by acclamation or if the writ is withdrawn on or before the close of nominations, a fee of..............33% of the amount payable under paragraph (a)
(c) if a poll is not held because of the withdrawal of the writ after the close of nominations, in addition to the amount referred to in paragraph (b), for each day after the close of nominations, a fee of ..............3% per day of the amount payable under paragraph (a)

(2) An assistant returning officer shall be paid, for necessary travel expenses incurred in connection with the conduct of an election..............the allowances and expenses referred to in item 50

Assignments

8. An assistant returning officer who, at the Chief Electoral Officer’s request, in addition to the duties set out in item 7, carries out an assignment or participates in a working group studying a particular aspect of the federal electoral process, shall be paid,

(a) for services performed in connection with that assignment or that participation, for each hour worked..............$36.39
(b) for each hour of travel time..............$36.39
(c) for travel and living expenses..............the allowances and expenses referred to in item 50

Sessions on Electoral and Related Matters

9. An assistant returning officer who attends a session on electoral and related matters shall be paid,

(a) for each hour of attendance at the session..............$36.39
(b) for each hour of travel time..............$36.39
(c) for travel and living expenses..............the allowances and expenses referred to in item 50

AUTOMATION OF LISTS OF ELECTORS

Automation Coordinators

10. (1) A person who is appointed as an automation coordinator to support computerized systems in the office of a returning officer shall be paid, for services performed during an election period,

(a) if a poll is held..............$8,220.52
(b) if a poll is not held because of a return by acclamation or if the writ is withdrawn on or before the close of nominations ..............33% of the amount payable under paragraph (a)
(c) if a poll is not held because of the withdrawal of the writ after the close of nominations, in addition to the amount referred to in paragraph (b), for each day after the close of nominations..............3% per day of the amount payable under paragraph (a)

(2) A person who is appointed as an automation coordinator to support computerized systems in the office of a returning officer shall be paid, for necessary travel expenses, incurred in connection with the conduct of an election ..............the allowances and expenses referred to in item 50

(3) A person who is appointed as an automation coordinator to support computerized systems in the office of a returning officer and who attends a session on electoral and related matters, shall be paid,

(a) for each hour of attendance at the session..............$26.69
(b) for each hour of travel time..............$26.69
(c) for travel and living expenses..............the allowances and expenses referred to in item 50

Assistant Automation Coordinators

11. (1) A person who is appointed as an assistant automation coordinator to support computerized systems in the office of a returning officer shall be paid, for services performed during an election period,

(a) if a poll is held..............$2,391.60
(b) if a poll is not held because of a return by acclamation or if the writ is withdrawn on or before the close of nominations..............33% of the amount payable under paragraph (a)
(c) if a poll is not held because of the withdrawal of the writ after the close of nominations, in addition to the amount referred to in paragraph (b), for each day after the close of nominations..............3% per day of the amount payable under paragraph (a)

(2) A person who is appointed as an assistant automation coordinator to support computerized systems in the office of a returning officer and who attends a session on electoral and related matters shall be paid,

(a) for each hour of attendance at the session..............$19.93
(b) for each hour of travel time..............$19.93
(c) for travel and living expenses..............the allowances and expenses referred to in item 50

Revision Centre Clerks

12. A person who is appointed as a revision centre clerk with respect to entries made or to be made into a computerized list of electors shall be paid, for each hour worked..............$13.15

Registration Officers

13. A person who is appointed as a registration officer shall be paid, for services performed to register electors at a central polling place, for each hour worked..............$15.00

14. A person who is appointed as a standby registration officer shall be paid, for being on standby on polling day..............$45.00

Revision Supervisors

15. A person who is appointed as a revision supervisor shall be paid, for services performed, for each hour worked..............$26.69

Revising Agents

16. A person who is appointed as a revising agent shall be paid,

(a) for services performed during the revision period, for each hour worked..............$15.00
(b) for each hour of travel time..............$15.00
(c) for travel expenses..............the allowances and expenses referred to in item 50

10. (1) Paragraph 23(a) of the schedule to the Tariff is replaced by the following:

(a) for each hour worked..............$18.17

(2) Paragraph 23(c) of the schedule to the Tariff is replaced by the following:

(c) for each hour of travel time..............$18.17
(d) for travel expenses..............the allowances and expenses referred to in item 50
(e) if authorized in writing by the returning officer to use his or her personal telephone for electoral purposes, per day..............$10.00

11. Items 23.1 to 38 of the schedule to the Tariff are replaced by the following:

24. A person who is appointed as a hospital liaison officer shall be paid,

(a) for each hour worked..............$13.63
(b) for each hour of travel time..............$13.63
(c) for travel expenses..............the allowances and expenses referred to in item 50

ADVANCE AND ORDINARY POLLS

Deputy Returning Officers

25. A person who is appointed as a deputy returning officer for an advance poll shall be paid, for services performed, including the counting of the votes on polling day..............$680.00

26. A person who is appointed as a deputy returning officer at a polling station on polling day shall be paid, for services performed..............$238.00

27. A person who is appointed as deputy returning officer who is authorized in writing by the returning officer to use his or her personal telephone for electoral purposes shall be paid, per day..............$10.00

28. A person who is appointed as a deputy returning officer and who is tasked with verifying and counting the special ballots received in the returning officer’s office shall be paid, for services performed, for each hour worked..............$17.00

Central Poll Supervisors

29. A person who is appointed as a central poll supervisor shall be paid,

(a) for services performed, including the return of ballot boxes to the returning officer when instructed to do so, for each hour worked..............$21.00
(b) for the return to the returning officer’s office of all large envelopes referred to in subsection 288(3) of the Act, accompanied by a signed statement indicating they contain the ballots, the poll book and the list of electors, of the envelopes containing the registration certificates and of the envelopes containing all completed oath forms referred to in section 288.01 of the Act..............$50.00
(c) for each hour of travel time..............$21.00
(d) for travel expenses..............the allowances and expenses referred to in item 50
(e) if authorized in writing by the returning officer to use his or her personal telephone for electoral purposes, per day..............$10.00

30. A person who is appointed as a standby central poll supervisor shall be paid, for each hour of being on standby..............$21.00

Deputy Returning Officers — Return of Ballot Boxes and Standby

31. A person who is appointed as a deputy returning officer and who is tasked with returning ballot boxes to the returning officer shall be paid, for returning the ballot boxes, in addition to their fee under items 25 or 26,

(a) for each hour worked..............$17.00
(b) for each hour of travel time..............$17.00
(c) for travel expenses..............the allowances and expenses referred to in item 50

32. A person who is appointed as a standby deputy returning officer shall be paid, for being on standby on polling day..............$51.00

Poll Clerks

33. A person who is appointed as a poll clerk for an advance poll shall be paid, for services performed, including the counting of the votes on polling day..............$600.00

34. A person who is appointed as a poll clerk at a polling station on polling day shall be paid, for services performed..............$210.00

35. A person who is appointed as a poll clerk and who is tasked with verifying and counting the special ballots received in the returning officer’s office shall be paid, for services performed, for each hour worked..............$15.00

36. A person who is appointed as a poll clerk and who is tasked to return ballot boxes to the returning officer shall be paid, for returning the ballot boxes, in addition to their fee under item 33 or 34,

(a) for each hour worked..............$15.00
(b) for each hour of travel time..............$15.00
(c) for travel expenses..............the allowances and expenses referred to in item 50

12. Paragraph 39(a) of the schedule to the Tariff is replaced by the following:

(a) for each hour worked..............$13.15

13. Items 40 to 49 of the schedule to the Tariff are replaced by the following:

40. A person who is appointed as a language interpreter shall be paid,

(a) for each hour worked..............$13.27
(b) for each hour of travel time..............$13.27
(c) for travel and living expenses..............the allowances and expenses referred to in item 50

Information Officers

41. A person who is appointed as an information officer and who is employed at a central polling place shall be paid, for each hour worked..............$13.15

Witnesses

42. An elector called on by a returning officer to be a witness at the validation of the results where no candidate is present or represented shall be paid, for each hour worked ..............$11.25

ADDITIONAL ASSISTANT RETURNING OFFICERS AND STAFF

Before the Issuance of a Writ for an Election

43. A person who is appointed as an additional assistant returning officer shall be paid, for the storing of election materials at the officer’s own residence before the issue of a writ for an election and for expenses in connection with that storage, per month..............$40.00

During an Election Period

44. (1) A person who is appointed as an additional assistant returning officer on a full-time basis shall be paid, for services performed during the election period,

(a) if a poll is held..............$17,576.37
(b) if a poll is not held because of a return by acclamation or if the writ is withdrawn on or before the close of nominations ..............33% of the amount payable under paragraph (a)
(c) if a poll is not held because of the withdrawal of the writ after the close of nominations, in addition to the amount referred to in paragraph (b), for each day after the close of nominations ..............3% per day of the amount payable under paragraph (a)

(2) A person who is appointed as an additional assistant returning officer on a part-time basis shall be paid, for services performed during the election period, for each hour worked, as authorized by the Chief Electoral Officer ..............$36.39

(3) A person who is appointed as an additional assistant returning officer shall be paid, for necessary travel expenses incurred in connection with the conduct of an election..............the allowances and expenses referred to in item 50

Sessions on Electoral and Related Matters

45. A person who is appointed as an additional assistant returning officer and who attends a session on electoral and related matters shall be paid,

(a) for each hour of attendance at the session..............$36.39
(b) for each hour of travel time..............$36.39
(c) for travel and living expenses..............the allowances and expenses referred to in item 50

SUPPORT STAFF

46. A person who is appointed as support staff at the office of an additional assistant returning officer shall be paid, for each hour worked..............$13.15

FIELD LIAISON OFFICERS

Before an Election Period

47. A person who is appointed as a field liaison officer shall be paid, for services performed during the period beginning on the day that is three months after the end of an election period and ending on the day before the date of the issue of the writ, per month..............$568.60

During the Election Period of a General Election

48. (1) A person who is appointed as a field liaison officer shall be paid, for services performed during the election period of a general election, if a poll is held..............$27,461.45

(2) A person who is appointed as a field liaison officer shall be paid, for attending a recount, for each hour worked as certified by the judge who conducts the recount..............$56.86

(3) A person who is appointed as a field liaison officer shall be paid, for necessary travel expenses incurred in connection with the conduct of an election..............the allowances and expenses referred to in item 50

During the Election Period of a By-election

49. A person who is appointed as a field liaison officer shall be paid, for each hour worked during the election period of a by-election..............$56.86

After an Election Period

49.1 A person who is appointed as a field liaison officer shall be paid, for services performed at the Chief Electoral Officer’s request, other than services performed under any other item of this schedule, during the three months after the end of an election period, including making the campaign election returns available for inspection..............$2,274.40

Assignments

49.2 A field liaison officer who, at the Chief Electoral Officer’s request, in addition to the duties set out in items 47 to 49.1, carries out an assignment or participates in a working group studying a particular aspect of the federal electoral process, shall be paid,

(a) for services performed in connection with that assignment or that participation, for each hour worked..............$56.86
(b) for each hour of travel time..............$56.86
(c) for travel and living expenses..............the allowances and expenses referred to in item 50

Sessions on Electoral and Related Matters

49.3 A person who is appointed as a field liaison officer who attends a session on electoral and related matters shall be paid,

(a) for each hour of attendance at the session..............$56.86
(b) for each hour of travel time..............$56.86
(c) for travel and living expenses..............the allowances and expenses referred to in item 50

TRAINING

Training Officers

49.4 A person who is appointed as a training officer shall be paid,

(a) for services related to providing training sessions, for each hour worked as certified by the returning officer..............$24.12
(b) for each hour of attendance at a session on electoral and related matters..............$24.12
(c) for each hour of travel time..............$24.12
(d) for travel and living expenses..............the allowances and expenses referred to in item 50

Training Sessions

49.5 Any person appointed by the returning officer shall be paid, for attending a training session on electoral and related matters arranged by the returning officer..............$50.00

14. The heading before item 51 and items 51 and 52 of the schedule to the Tariff are replaced by the following:

SUPPORT STAFF AT A RECOUNT

51. A person whose services are retained under subsection 304(6) of the Act to assist with a recount shall be paid for their attendance and services, as certified by the judge who conducts the recount, for each hour worked..............$13.27

JUDICIAL RECOUNT TEAMS

52. A handler appointed in accordance with section 3 of schedule 4 to the Act shall be paid for their attendance and services during a recount, for each hour worked..............$20.80

52.1 A recorder appointed in accordance with section 3 of schedule 4 to the Act shall be paid for their attendance and services during a recount, for each hour worked..............$20.80

15. (1) Paragraph 53(1)(a) of the schedule to the Tariff is replaced by the following:

(a) for services performed, for each hour worked..............$15.00

(2) Subitems 53(2) and (3) of the schedule to the Tariff are replaced by the following:

(2) A person who is appointed as a deputy returning officer for the taking of the vote within a correctional institution shall be paid,

(a) for the first four hours or less during which services are performed..............$68.00
(b) for each additional hour during which services are performed..............$17.00

(3) A person who is appointed as a poll clerk for the taking of the vote within a correctional institution shall be paid,

(a) for the first four hours or less during which services are performed..............$60.00
(b) for each additional hour during which services are performed ..............$15.00

16. Item 55 of the schedule to the Tariff and the heading before it are repealed.

COMING INTO FORCE

17. (1) Subject to subsection (2), this Tariff comes into force or is deemed to have come into force on the day on which the writs are issued for the first general election after May 1, 2015.

(2) Paragraph 29(b) of the Federal Elections Fees Tariff, as enacted by section 11 of this Tariff, comes into force on the day on which the writs are issued for the first general election after July 1, 2015.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Tariff.)

Executive summary

Issues: First, duties and responsibilities of election workers have increased and become more complex since the Federal Elections Fees Tariff (the Tariff) was last amended in 2007, and returning officers have cited that the recruitment of election workers is a significant challenge. Second, provisions in the recently passed Fair Elections Act require consequential amendments to the Tariff. Third, the Tariff provides for compensation of federal election workers and reimbursement of costs incurred by them. Certain costs will now be incurred directly by the Office of the Chief Electoral Officer of Canada and should be removed from the Tariff.

Description: The amendments to the Tariff increase wage and compensation levels for federal election workers and introduce compensation for the positions of field liaison officer, assistant recruitment officer, safety officer and members of the judicial recount team (handler and recorder). Reimbursement of costs for items that will now be incurred directly by Elections Canada have been removed from the Tariff.

Cost-benefit statement: The incremental cost of the changes to the Tariff is estimated to be $1.5 million annually for the ongoing portion and $15.2 million for each general election. The annual increase pertains to the monthly fees paid to returning officers and field liaison officers, while the general election costs pertain to fees paid to election workers and office support staff for the conduct of the election at the local level in some 70 000 polling stations. The benefits of raising compensation levels include an improved ability to recruit election workers with the skill set needed to administer an election in compliance with the Canada Elections Act and the instructions of the Chief Electoral Officer.

“One-for-One” Rule and small business lens: The “One-for-One” Rule does not apply to the amendments, as there is no change in administrative costs to business, and the small business lens does not apply, as there are no costs to small business.

Background

Elections Canada is an independent agency set up by Parliament to administer all aspects of federal general elections, by-elections and referendums. The mission of Elections Canada is to ensure that Canadians can exercise their democratic right to vote and be a candidate.

Elections Canada’s fundamental goals are to be ready to deliver electoral events whenever they may be called, continually improve election delivery and carry out ongoing responsibilities with respect to the political financing regime in the Canada Elections Act.

Elections Canada is funded by an annual appropriation, which covers the salaries of permanent full-time employees, and by statutory authority contained in the Canada Elections Act, the Referendum Act and the Electoral Boundaries Readjustment Act, which draws on the Consolidated Revenue Fund. The statutory authority covers all other expenditures, including the cost of preparing and conducting electoral events, maintaining the National Register of Electors, redistributing electoral boundaries and continuing public information programs. The salary of the Chief Electoral Officer and contributions to employee benefit plans are also statutory items.

Preparing, managing and delivering field operations for electoral events are central to Elections Canada’s mandate. Among a multitude of operational tasks, the main ones are to

develop the policies, procedures, manuals, forms and tools that facilitate registering electors, voting and managing an election;
administer the Special Voting Rules and accessibility programs that make it possible for all those who have the right to vote to exercise that right;
oversee the appointment and training of returning officers, assistant returning officers and automation coordinators, who administer an election in each electoral district;
hire and train field liaison officers, who support returning officers in their work and provide guidance and advice during and between elections;
oversee and coordinate the administration of electoral events at the riding level;
manage the registration of electors during an electoral event;
manage the voting process itself;
manage the supply of goods and services for an election, from ballot boxes to phone connections for local Elections Canada offices; and
print, assemble and ship all election materials to every riding at the appropriate time.

The key election officer in each of the 338 federal electoral districts is the returning officer. Appointed by the Chief Electoral Officer (CEO) through an open and merit-based competitive process, returning officers work under the general supervision of the CEO. They are supported by Elections Canada staff in Gatineau and a network of regional field liaison officers, who provide functional leadership.

For the next federal general election, the CEO will send a notice to all 338 returning officers, directing them to rent office space, open local Elections Canada offices and provide the services that will enable electors to exercise their right to vote.

Returning officers will open 338 returning offices and over 140 additional satellite offices, and set up some 70 000 polling stations located at roughly 19 000 polling sites. During the 42nd general election, approximately 250 000 election workers and office staff will be hired.

The Federal Elections Fees Tariff (the Tariff) sets out the fees, costs, and allowances that are paid to returning officers and other individuals employed for or in relation to elections. No changes to the Tariff have been made since 2007, although it does provide for an annual inflation adjustment to fees.

Issues

(1) Legislative change

The Fair Elections Act, which received royal assent on June 19, 2014, has modified the Canada Elections Act. The Tariff does not currently reflect these modifications, including a fourth day of advance polls; the creation of the field liaison officer position as an election officer (formerly hired as a contract position); and the creation of a judicial recount team, which includes the new positions of handler and recorder.

(2) Recruitment and compensation

During the next general election, returning officers will hire and appoint some 250 000 election workers and office staff across the 338 federal electoral districts in Canada — Canadians with limited training and often no prior election administration experience — to administer the prescribed voting procedures in some 70 000 polling stations. Usually, election workers are hired only once every four years and must follow many very specific instructions despite having only a few hours of training.

Following the 41st general election in May 2011 (the 2011 general election), various audits and reviews, including the Compliance Review: Final Report and Recommendations (2013) [the Compliance Review Report], were conducted. All involved extensive assessments, interviews and discussions with returning officers and other election officials. The results emphasized the range and extent of the challenges that returning officers face in preparing for and conducting electoral events.

In particular, the Compliance Review Report found that electoral workers encountered difficulties in administering complex rules for the many “exception” procedures they must conduct as part of their responsibilities, and often made procedural and record- keeping errors in the course of their duties. Aside from the legal concerns, public trust in proper administration of the electoral process is at risk if these errors are not addressed.

To address some of these challenges, returning officers need increased ability to recruit, train and properly supervise electoral workers.

Following the 2011 general election, returning officers requested that the agency adjust the compensation structure to help improve recruitment rates.

Fair and equitable compensation for election workers is necessary in order to increase recruitment and retention success, and increase motivation and diligence –– key factors identified as important in improving the voter’s experience and reducing procedural errors.

There is also a need to close the wage parity gap between current compensation levels and current workplace expectations, and the wage levels set by provincial electoral management bodies (EMBs) for equivalent positions. There is a gap in the Tariff between the current compensation structures and the structures needed to reflect the current workloads, activities and responsibilities of electoral workers.

Many election workers must be willing to work 14- to 16-hour days for a fixed or hourly fee that is close to or less than minimum wage in some provinces. These working conditions and compensation levels make it difficult to attract large numbers of skilled workers.

There is now a significant imbalance between the growing election worker job demands and the challenging working conditions in which they are to be met, and the compensation levels available. The integrity of the electoral system depends on the ability to attract, motivate and retain large numbers of appropriately skilled Canadians willing to accept an election worker job and perform assigned duties diligently, and all this for one day or a few days.

There are significant logistical challenges associated with training between 500 and 800 election workers in an electoral district, many of whom have day jobs, in the two-and-a-half weeks prior to election day. Currently, election workers receive a $35 allowance to attend a three-hour training session. The compensation provided to election workers to attend this training has not been reviewed since 2004. The current compensation does not adequately reflect the critical role that this training plays in ensuring that electoral workers comply with the requirements of the Canada Elections Act and the Chief Electoral Officer’s instructions.

The Compliance Review Report indicated that it is imperative for election worker activities to be appropriately, uniformly and consistently supervised, and that the critical role and accountability of central poll supervisors in this regard be strengthened. The compensation structure for central poll supervisors must be adjusted to support enhanced supervision.

In order to modernize the approach to administering election preparation in each electoral district, there is a need for a new fee in the form of a monthly stipend to keep returning officers and field liaison officers constantly engaged in electoral matters and to have them perform a number of duties outside the strict election period, particularly when election preparations intensify.

(3) New operational requirements

Certain costs incurred directly by returning officers in previous elections (e.g. printing costs and polling station rental costs) and reimbursed by Elections Canada, pursuant to the Tariff, will now be incurred directly by Elections Canada. As a result, there is no longer a need for the Tariff to provide reimbursement of these costs.

In accordance with section 479 of the Canada Elections Act, returning officers have a duty to maintain order at their local office. In addition, deputy returning officers and central poll supervisors have a duty to maintain order at poll sites during voting hours.

There is an operational requirement to include a provision in the Tariff for compensation for safety officer positions to assist returning officers and electoral workers in their duty to maintain order where it is not possible or practical to hire security guards on a contractual basis.

Recruiting an appropriately skilled workforce of temporary workers at each federal election is a daunting task. Each returning officer must find between 500 and 800 capable and eligible persons in their electoral district. There is an operational requirement to include a provision in the Tariff for compensation for an assistant recruitment officer to help returning officers recruit that workforce.

Objectives

The amendments to the Tariff will achieve the following objectives in time for the next general election:

reflect recent modifications to the Canada Elections Act made by the Fair Elections Act;
provide compensation for newly-created positions;
guarantee fair and equitable compensation for persons compensated under the Tariff; and
ensure that the Tariff pertains only to fees and allowances paid to individuals employed for the purposes of conducting an election.

Description

The Tariff has been amended as follows:

Consequential to the Fair Elections Act

a fixed fee during a general election event is provided for field liaison officers, in the amount of $27,461.45;
compensation is provided for members of the judicial recount team — an amount of $20.80 per hour each for handlers and recorders; and
election workers who are paid a fixed fee are to be compensated for four days of advance polls; the poll clerk and the deputy returning officer will earn $600 and $680 respectively.

Improved recruitment and compensation

Adjustments have been made to the compensation structure set out in the Tariff to

provide that hourly remuneration for existing positions meets or exceeds the highest minimum rate of pay set by the provinces;
increase hourly wages and fixed fees for election workers to reflect remuneration from provincial EMBs for equivalent positions and comparable duties and responsibilities;
increase allowance provided to election workers trained by returning officers to $50 per training session;
provide a monthly stipend of $395.52 for returning officers and of $568.60 for field liaison officers during the period beginning on the day that is three months after the end of an election period and ending on the day before the date of the issue of the writ;
provide an additional fee of $50 to central poll supervisors who have returned to the returning officer’s office all large envelopes referred to in subsection 288(3) of the Act, accompanied by a signed statement indicating they contain the ballots, the poll book and the lists of electors used at the polls, of the envelopes containing all completed registration certificates and of the envelopes containing all completed oath forms referred to in section 288.01 of the Act.

Respond to new operational requirements

The Tariff has been amended to

compensate the position of safety officer at $15 per hour;
compensate the position of assistant recruitment officer at $17 per hour; and
remove costs now paid directly by Elections Canada (e.g. printing and renting facilities for polling stations).

Regulatory and non-regulatory options considered

The Tariff rates may only be amended by regulation. As a result, no non-regulatory options were considered.

Benefits and costs

Amending the Tariff to enable Elections Canada to compensate election officers at levels that meet or exceed the average provincial EMB compensation rates for election officers holding equivalent responsibilities is only one step among many in Elections Canada’s continuous improvement process. It is limited in scope and designed to correct an expectations/compensation imbalance by making compensation more equitable, competitive and reflective of the current demands on jobholders. It will also increase Elections Canada’s ability to attract, motivate, train and retain appropriately skilled election workers who will be more capable and motivated to provide better service to voters and comply with electoral process administrative requirements.

The incremental cost of the changes to the Tariff is estimated at $1.5 million annually, pertaining to the monthly fees paid to returning officers and field liaison officers. Costs for the conduct of each general election will increase by $15.2 million to account for fees paid to election workers and office support staff at the local level. Of the $15.2 million, $13.2 million are related to changes in the compensation structure of existing positions, and $2 million is a result of the changes to the Fair Elections Act.

The impact of removing certain costs from the Tariff (e.g. printing and polling station rental costs) is a reduction in Tariff costs of $19.2 million at each general election. However, this is cost neutral to the agency, as the payment of these costs will now be incurred directly by Elections Canada under separate authority provided in subsection 542(4) of the Canada Elections Act.

“One-for-One” Rule

The “One-for-One” Rule does not apply, as the amendments are related to internal operations of Elections Canada, and there is no impact on business.

Small business lens

The small business lens does not apply, as the amendments are related to internal operations of Elections Canada, and there are no costs to small business.

Consultation

Following the 41st general election and the release of the Compliance Review Report, returning officers, field liaison officers and Elections Canada staff were asked to provide feedback regarding adequate rates of compensation for election workers. Views expressed were taken into account in setting the new compensation rates.

Rationale

Legislative changes

The Fair Elections Act made substantial amendments to the Canada Elections Act, some of which require consequential amendments to the Tariff. More specifically, changes to include payment for a fourth day of advance polls and the inclusion in the Tariff of remuneration for the positions of field liaison officers and the judicial recount team (handler and recorder) are needed to support proper functioning of the Canada Elections Act.

Improved recruitment and compensation

The Compliance Review Report, issued in 2013, called for fair and equitable adjustments to compensation for election workers that reflect their increased responsibilities, as well as enhanced compliance requirements.

The workload and responsibility burden on federal election workers are now heavier and more onerous than in other Canadian jurisdictions. There are more rules and procedural and administrative requirements, and the Fair Elections Act has significantly increased accountability for federal electoral workers; their work is now subject to audit.

Aside from the automatic indexing of rates based on Consumer Price Index on January 31 of each year, the compensation structure for election workers has not been updated since 2007. Since that time, minimum wage levels in some provinces have increased beyond the rate of inflation.

Comparisons with other Canadian electoral jurisdictions were used to determine the new compensation rates. As well, Elections Canada has used the classification instruments of the federal public service as benchmarks. The new compensation rates exceed the highest provincial minimum wage, will match or exceed compensation levels for similar positions in other Canadian jurisdictions, and are expected to enhance Elections Canada’s ability to recruit and retain better qualified workers.

Compensation provided to election workers to attend training has not been reviewed since 2004. The new compensation rates for training better reflect the critical role that this training plays in ensuring that electoral workers comply with the requirements of the Canada Elections Act and the Chief Electoral Officer’s instructions.

Clear and meaningful supervision helps reduce procedural and record-keeping errors at polls. The critical role and accountability of central poll supervisors in this regard must be strengthened. A performance-based pay structure for central poll supervisors will help improve the level of supervision exercised over electoral workers and thus improve compliance at polls. The District of Columbia 2010 election, where bonus payments were provided to precinct captains (who perform duties similar to that of central poll supervisors under the Canada Elections Act) provides practical evidence to that effect.

Respond to new operational requirements

There is an operational requirement emerging from changes to Election Canada’s Electoral Operations Program for the inclusion of a provision in the Tariff for compensation for a safety officer so that returning officers and poll workers comply with their requirement under section 479 of the Canada Elections Act to maintain order at local offices and poll stations.

An assistant recruitment officer is required to help returning officers recruit a sufficient number of appropriately skilled electoral workers to fill between 500 and 800 election workers positions in each electoral district.

Additionally, the removal of a number of items previously contained in the Tariff (e.g. printing costs and polling station rental costs) that will now be incurred directly by Elections Canada allows for proper application of the Tariff.

Implementation, enforcement and service standards

Elections Canada will communicate the changes to the Tariff to the returning officers through its usual channels of communication, and they will also be posted on Elections Canada’s Web site. Instructions to returning officers, their financial officers and other election workers will be updated as required. Rates in Elections Canada’s compensation system will be adjusted.

It is expected that the system and procedural changes required to implement the Tariff modifications can be accommodated with minimum risk in time for the next general election, as currently scheduled on October 19, 2015.

Performance measurement and evaluation

As part of its post-event reports, Elections Canada will assess the impact of the proposed Tariff changes on election event performance.

Contact

Hughes St-Pierre, CPA, CMA
Chief Financial and Planning Officer
Elections Canada
30 Victoria Street
Gatineau, Quebec
K1A 0M6
Telephone: 819-939-1461
Fax: 819-939-1532
Email: hughes.st-pierre@elections.ca

Footnote a
S.C. 2014, c. 12, s. 119
Footnote b
S.C. 2000, c. 9
Footnote 1
SOR/2004-53