The Fair Elections Act (French: Loi sur l’intégrité des élections) was a statute enacted by the Conservative government in the 41st Canadian Parliament. It was introduced on February 4, 2014, by Minister of Democratic Reform Pierre Poilievre, was sent to the Senate with amendments on May 12, 2014, and received Royal Assent on June 19, 2014.^[1][2]

Many of the amendments made by this Act were subsequently repealed by the Liberal ministry of Justin Trudeau prior to the 2019 general election.^[3]

The Fair Elections Act was announced as implementing 38 recommendations of the Chief Electoral Officer. However, in his testimony to the House of Commons Standing Committee on Procedure and House Affairs, the Chief Electoral Officer stated that the bill contains measures that "undermine its stated purpose and will not serve Canadians well".^[4] The government broke the bill into eight broad changes to the Canada Elections Act and other acts and regulations surrounding federal elections in Canada. The bill would do the following:

1. Create a mandatory public registry for political parties that engage in mass-calling, and increases penalties for individuals found guilty of impersonating elections officials or tampering with an election.^[5] This is a response to the claims of fraudulent calls being made during the 2011 federal election.
2. Give the Commissioner of Canada Elections more freedom and independence in seeking tougher penalties for those found to be interfering with elections. It also prohibits 12 new elections offences. Finally, the Fair Elections Act moves the Commissioner of Canada Elections from reporting to the Chief Electoral Officer to reporting to the Director of Public Prosecutions.^[6]
3. Eliminate the use of vouching and Voter Information Cards as a form of ID.^[7]
4. Give political parties the right to receive "advance rulings and interpretations" from Elections Canada within 45 days of making the request. This is to allow political parties to consult with Elections Canada for advice and clarification before they try to implement something.^[8]
5. Ban the use of loans to evade donation limit laws.^[9] This is a response to Liberal Party of Canada leadership contenders who, in 2006 for example, received "loans" from individuals that would have exceeded the donation limit, but were ruled as legal because the loans would eventually be paid back. However, as of 2014, several leadership contestants still owe money.^[10] The bill increases the annual donation limit from $1200 to $1500 per calendar year and raise election spending limits by five percent. The bans against corporate and union donations, as brought in by the Conservative government's Accountability Act in 2006 remain in effect.
6. Allow a Member of Parliament whose elections results are being contested by the Chief Electoral Officer to remain as a sitting Member of Parliament until that dispute is resolved.^[11]
7. Repeal the ban on the premature transmission of elections results.^[11] The rationale for the ban was that, due to Canada's large geographic size, different time zones would still be voting while others would have already been closed. According to the rationale, a voter in British Columbia could be discouraged from voting if she already knows the election results in Ontario. The Supreme Court of Canada unanimously agreed that such a ban infringes on freedom of expression.
8. Propose "better customer service" by re-focusing the mandate of Elections Canada by requiring that it remains focused on "the basics of voting: where, when, and what ID to bring." Another part is adding an extra day of advance polling, giving Canadians a total of four advance polling days - on the tenth, ninth, eighth, and seventh days before Election Day.^[12]

A March 2014 poll conducted by EKOS Research claimed that Canadians were "shrugging off" the bill and that it was failing to make an impact outside of the "Ottawa bubble."^[13]

A March 2014 Angus Reid poll found that the less Canadians knew about the bill, the more likely they were to support it.^[14]

An April 2014 Ipsos Reid poll found that 87 percent of Canadians believe identification and proof of address should have to be presented in order to vote.^[15] Of those 87 percent, 52 percent said they did not "care if those requirements made voting difficult for some."^[15]

In response to claims that the Conservatives were using the Fair Elections Act to "cheat the system", an April 2014 CTV News poll found that 61 percent did not believe this to be the case.^[15]

An April 2014 Angus Reid poll found that "sound does not necessarily equal fury," noting that, despite constant media coverage and Opposition complaints, public opinion had only changed two percentage points, and remained basically neutral between support or opposition for the bill. However, Angus Reid notes that "awareness is slowly growing and that opposition among those who are aware of the changes is also growing". Of those "very familiar" with the act, 59% oppose it.^[16]

In October 2013, Chief Electoral Officer Marc Mayrand established an advisory board to advise him "on matters relating to Canada's electoral system, its voting processes, and support for a vigorous democracy that reflects our constitution, deeply held values, and the evolving needs and circumstances of Canadians."^[17] With the introduction of the Fair Elections Act, the advisory board, its role, its budget of $439,333, and its expertise were put under scrutiny.^[18] The panel included Sheila Fraser, Ian Binnie, John Manley, Preston Manning, Bob Rae, and Hugh Segal.^[17]

On April 16, 2014, Jeffrey Simpson, writing for the Globe and Mail, claimed the Act demonstrated a "them-against-us" mentality in the Conservative government fighting against Elections Canada.^[19]

In doing a "pre-study" of the Fair Elections Act, the Senate committee on Legal and Constitutional Affairs recommended that nine amendments be made to the Act.^[20]

On April 25, 2014, Minister Poilievre submitted a number of amendments to the Committee in response to criticism of aspects of the bill.^[21] The Globe and Mail summarized the elements of the bill generating controversy:^[22]

Consistent with their promise, the Trudeau Ministry, which had been elected in the 2015 federal election, unveiled Bill C-33, later replaced by Bill C-76, which was enacted as the Elections Modernization Act. That Act repealed many provisions of the Fair Elections Act.^[3]