Federal Elections Fees Tariff: SOR/2021-22

Canada Gazette, Part II, Volume 155, Number 5

Registration
SOR/2021-22 February 23, 2021

CANADA ELECTIONS ACT

P.C. 2021-90 February 22, 2021

His Excellency the Administrator of the Government of Canada in Council, on the recommendation of the President of the Queen's Privy Council for Canada and of the Chief Electoral Officer, pursuant to subsections 542(1) and (1.1) ^{footnote a} and 544(1) of the Canada Elections Act ^{footnote b}, makes the annexed Federal Elections Fees Tariff.

Federal Elections Fees Tariff

Interpretation

Definitions

1 The following definitions apply in this Tariff.

Act

means the Canada Elections Act. (Loi)

actual and reasonable expenses

mean expenses that are paid by a person, that are specified on a receipt and that do not exceed a maximum amount, if there is one, for the expenses set out in the Travel Directive. (frais réels et raisonnables)

designated holiday

means New Year's Day, Good Friday, Easter Monday, Victoria Day, Canada Day, Labour Day, Thanksgiving, Remembrance Day, Christmas Day and Boxing Day. (jour férié désigné)

election administrator

means the following election officers as described in paragraphs 22(1)(a), (a.1), (b) and (c.1) of the Act: a field liaison officer, a returning officer, an assistant returning officer, an additional assistant returning officer and a person designated under subsection 28(3.1) of the Act to act in place of a returning officer. (administrateur électoral)

election worker

means an election officer appointed under section 32 of the Act, a person appointed as staff under section 61 of the Act, an interpreter appointed under section 156 of the Act whose services are retained by a returning officer, a special ballot officer appointed under sections 183 or 184 of the Act, a witness appointed under section 294 of the Act, a person whose services are retained under subsection 304(6) of the Act to assist with a recount and a handler or a recorder appointed under section 3 of Schedule 4 to the Act. (travailleur électoral)

new electoral district

means an electoral district established by the most recent representation order made under section 25 of the Electoral Boundaries Readjustment Act. (nouvelle circonscription)

transition period

means the period that begins on the day on which the proclamation under subsection 25(1) of the Electoral Boundaries Readjustment Act is issued and that ends on the day before the day of the first dissolution of Parliament that occurs at least seven months after the day on which that proclamation was issued. (période de transition)

Travel Directive

means the Travel Directive of the National Joint Council and the Treasury Board of Canada Secretariat, as amended from time to time. (Directive sur les voyages)

travel time

means time spent by a person in any mode of transportation, using the most direct route, while travelling to and returning from the place where a task is to be accomplished or where a training or other session on an electoral or related matter is being held, and includes time while awaiting immediate connections. (temps de déplacement)

week

means the period of seven consecutive days beginning on and including Sunday. (semaine)

PART 1

Fees Payable to Election Administrators

Returning Officers

Outside of election period

2 A returning officer is entitled to be paid, 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, the monthly rate set out in item 1, column 2, of Table 1 of the schedule, for services performed and expenses incurred, 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 their residence.

During election period

3 A returning officer is entitled to be paid, for services performed during an election period, if a poll is held, the base fee set out item 1, column 3, of Table 1 of the schedule.

After election period

4 A returning officer is entitled to be paid, for services performed during the three months after the end of an election period, the base fee set out in item 1, column 4, of Table 1 of the schedule.

Recount

5 In addition to the base fee referred to in section 4, a returning officer is entitled to be paid, for the preparation for and attendance at a recount, for each hour worked, at the hourly rate set out in item 1, column 5, of Table 1 of the schedule.

Assignment

6 A returning officer who, at the Chief Electoral Officer's request, carries out an assignment other than the services set out in sections 2 to 5 or participates in a working group studying a particular aspect of the federal electoral process is entitled to be paid, for each hour worked for services performed in connection with that assignment or that participation and for each hour of travel time, at the hourly rate set out in item 1, column 5, of Table 1 of the schedule.

Payment during transition period

7 (1) A returning officer is entitled to be paid the monthly rate set out in item 1, column 2, of Table 1 of the schedule for each month of the transition period in which the returning officer

• (a) is in office; or
• (b) has been appointed as the returning officer for a new electoral district.

Clarification — new electoral district

(2) For greater certainty, a returning officer who, during the transition period, is in office and has been appointed as the returning officer for a new electoral district is not to be paid the monthly rate set out in item 1, column 2, of Table 1 of the schedule more than once for any given month.

Assistant Returning Officers

During election period

8 An assistant returning officer is entitled to be paid, for services performed during an election period, if a poll is held, the base fee set out in item 2, column 3, of Table 1 of the schedule.

After election period

9 An assistant returning officer is entitled to be paid, for services performed during the month after the end of an election period, the base fee set out in item 2, column 4, of Table 1 of the schedule.

Recount

10 In addition to the base fee referred to in section 9, an assistant returning officer is entitled to be paid for the preparation for and attendance at a recount, for each hour worked, as certified by the returning officer, at the hourly rate set out in item 2, column 5, of Table 1 of the schedule.

Assignment

11 An assistant returning officer who, at the Chief Electoral Officer's request, carries out an assignment other than the services set out in sections 8 to 10 or participates in a working group studying a particular aspect of the federal electoral process is entitled to be paid, for each hour worked for services performed in connection with that assignment or that participation and for each hour of travel time, as certified by the returning officer, at the hourly rate set out in item 2, column 5, of Table 1 of the schedule.

Additional Assistant Returning Officers

During election period — full time

12 (1) An additional assistant returning officer appointed on a full-time basis is entitled to be paid, for services performed during an election period, if a poll is held, the base fee set out in item 3, column 3, of Table 1 of the schedule.

During election period — part time

(2) An additional assistant returning officer appointed on a part-time basis is entitled to be paid, for services performed during an election period, for each hour worked, as authorized by the Chief Electoral Officer and certified by the returning officer, at the hourly rate set out in item 3, column 5, of Table 1 of the schedule.

After election period

13 An additional assistant returning officer appointed on a full-time basis is entitled to be paid, for services performed during the month after the end of an election period, the base fee set out in item 3, column 4, of Table 1 of the schedule.

Assignment

14 An additional assistant returning officer who, at the Chief Electoral Officer's request, carries out an assignment other than the services set out in sections 12 and 13 or participates in a working group studying a particular aspect of the federal electoral process is entitled to be paid, for each hour worked, for services performed in connection with that assignment or that participation and for each hour of travel time, as certified by the returning officer, at the hourly rate set out in item 3, column 5, of Table 1 of the schedule.

Field Liaison Officers

Outside of election period

15 A field liaison officer is entitled to be paid, for services performed during the period beginning on the day that is three months after the end of the election period of a general election and ending on the day before the date of the issue of the writ for a general election, at the monthly rate set out in item 4, column 2, of Table 1 of the schedule.

During election period of general election

16 A field liaison officer is entitled to be paid, for services performed during the election period of a general election, if a poll is held in at least one electoral district in their region, the base fee set out in item 4, column 3, of Table 1 of the schedule.

After election period of general election

17 A field liaison officer is entitled to be paid, for services performed during the three months after the end of the election period of a general election, the base fee set out in item 4, column 4, of Table 1 of the schedule.

During election period of by-election

18 A field liaison officer is entitled to be paid for each hour worked and for each hour of travel time during the election period of a by-election, at the hourly rate set out in item 4, column 5, of Table 1 of the schedule.

Recount

19 In addition to the fees referred to in sections 17, if applicable, a field liaison officer is entitled to be paid, for each hour worked and for each hour of travel time for attending a recount at the Chief Electoral Officer's request, at the hourly rate set out in item 4, column 5, of Table 1 of the schedule.

Assignment

20 A field liaison officer who, at the Chief Electoral Officer's request, carries out an assignment other than the services set out in sections 15 to 19 or participates in a working group studying a particular aspect of the federal electoral process is entitled to be paid, for each hour worked for services performed in connection with that assignment or that participation and for each hour of travel time, at the hourly rate set out in item 4, column 5, of Table 1 of the schedule.

Other Payments

Adjusted payment

21 If an election administrator works for only part of the period for which they are entitled to the monthly rate or base fee set out in column 2, 3 or 4 of Table 1 of the schedule, they are to be paid only for those days worked and the monthly rate or base fee is prorated accordingly.

Exception — payment when poll not held

22 Despite section 21, if a poll is not held, a returning officer, an assistant returning officer and an additional assistant returning officer appointed on a full-time basis are entitled to be paid, for services performed during the election period,

• (a) if the 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 column 3 of Table 1 of the schedule that corresponds to the position set out in column 1 of that Table to which they have been appointed; or
• (b) if the poll is not held because of the withdrawal of the writ after the close of nominations, a fee of 33% of the amount payable under column 3 of Table 1 of the schedule that corresponds to the position set out in column 1 of that Table to which they have been appointed and, for each day after the close of nominations, a fee of 3% per day of the amount set out in column 3 of Table 1 of the schedule that corresponds to the position set out in column 1 of that Table to which they have been appointed.

Training and other sessions

23 An election administrator who attends a training session or other session on electoral or related matters is entitled to be paid, for each hour of attendance at the session and for each hour of travel time, at the hourly rate set out in column 5 of Table 1 of the schedule that corresponds to the position set out in column 1 of that Table to which they have been appointed.

PART 2

Rates Payable to Election Workers

Election Officers

Election officer

24 (1) A person appointed by a returning officer as an election officer under section 32 of the Act is entitled to be paid, for each hour worked, as certified by the returning officer, at the hourly rate set out in column 2 of Table 2 of the schedule that corresponds to the level of the position set out in column 1 of that Table to which they have been appointed.

Standby election officer

(2) A person appointed as a standby election officer is entitled to be paid for three hours at the hourly rate set out in column 2 of Table 2 of the schedule that corresponds to the level of the position set out in column 1 of that Table for which they are on standby, unless

• (a) they are called in to work before the end of the three hours and are not available to actually come in to work, in which case they will not be paid for the standby hours;
• (b) they are called in to work before the end of the three hours, at which point they cease to be on standby and will be paid at the hourly rate that corresponds to the level of the position to which they have been appointed; or
• (c) at the request of a returning officer, they remain on standby for more than three hours, in which case they will be paid for each hour on standby, as certified by the returning officer, at the hourly rate that corresponds to the level of the position for which they are on standby.

Staff

Staff

25 A person appointed by a returning officer as staff under section 61 of the Act is entitled to be paid, for each hour worked, as certified by the returning officer, at the hourly rate set out in column 2 of Table 2 of the schedule that corresponds to the level of the position set out in column 1 of that Table to which they have been appointed.

Other Election Workers

Interpreters

26 A person whose services are retained by a returning officer to act as a language or sign language interpreter and who is appointed for that purpose by an election officer under section 156 of the Act is entitled to be paid, for each hour worked, as certified by the returning officer, at the hourly rate set out in item 2, column 2, of Table 2 of the schedule.

Special ballot officers

27 A person appointed by the Chief Electoral Officer to be a special ballot officer under sections 183 or 184 of the Act is entitled to be paid, for each hour worked, at the hourly rate set out in item 2, column 2, of Table 2 of the schedule.

Witnesses

28 An elector acting as a witness at the validation of the results in accordance with section 294 of the Act is entitled to be paid, for each hour worked, as certified by the returning officer, at the hourly rate set out in item 1, column 2, of Table 2 of the schedule.

Recount support staff

29 A person whose services are retained under subsection 304(6) of the Act to assist with a recount is entitled to be paid for their attendance and services, for each hour worked, as certified by the returning officer, at the hourly rate set out in item 4, column 2, of Table 2 of the schedule.

Handlers and recorders

30 A person appointed as a handler or a recorder under section 3 of Schedule 4 to the Act is entitled to be paid for their attendance and services during a recount, for each hour worked, as certified by the returning officer, at the hourly rate set out in item 4, column 2, of Table 2 of the schedule.

Other Payments

Travel time

31 (1) An election worker who is required to travel while exercising their duties is entitled to be paid for each hour of travel time, as certified by the returning officer, at the hourly rate set out in column 2 of Table 2 of the schedule that corresponds to the level of the position set out in column 1 of that Table to which they have been appointed.

Exception

(2) An election worker is not entitled to be paid for travel time for travelling between their home and the location where they are expected to report for work, as identified by the returning officer in accordance with the instructions of the Chief Electoral Officer.

Overtime pay

32 (1) An election worker – other than a person appointed by a returning officer under section 61 of the Act – who is required to work more than eight hours in one day is entitled to be paid at a rate of one and one-half times their regular hourly rate for each hour worked in excess of eight hours in one day.

Overtime pay — staff

(2) A person appointed by a returning officer under section 61 of the Act who is required to work more than 40 hours in one week in one position is entitled to be paid at a rate of one and one-half times their regular hourly rate for each hour worked in excess of 40 hours in one week in that position.

Extra pay on designated holiday

33 Despite section 32, an election worker who is required to work on a designated holiday is entitled to be paid at a rate of one and one-half times their regular hourly rate for each hour worked on the designated holiday.

Training and other sessions

34 An election worker or a person seeking an appointment to an election worker position who attends a training session or other session on electoral or related matters is entitled to be paid, for each hour of attendance at the session, at the hourly rate set out in column 2 of Table 2 of the schedule that corresponds to the level of the position set out in column 1 of that Table for which they are being trained or to which they have been appointed.

PART 3

Other Allowances and Expenses Payable

Travel and Living Expenses

Travel and living expenses

35 (1) Subject to subsections (3) and (4), an election administrator and an election worker are entitled to be paid for the following travel and living expenses incurred while exercising their duties and, in the case of an election administrator, to attend training sessions and other sessions on electoral or related matters:

• (a) in the case of travel by means of a private motor vehicle, the allowances established by the Travel Directive;
• (b) in the case of travel by means other than a private motor vehicle, a reimbursement of the actual and reasonable expenses that were incurred, as supported by receipts and proof of travel;
• (c) for overnight accommodations, a reimbursement of the actual and reasonable expenses that were incurred, as supported by receipts and proof of stay; and
• (d) for meals, the allowances established by the Travel Directive.

Most appropriate mode of transportation

(2) When required to travel, an election administrator or an election worker must select the most appropriate mode of transportation based on cost, duration, convenience, safety and practicality and any instructions of the Chief Electoral Officer.

Exception

(3) An election administrator and an election worker are not entitled to be paid for travel and living expenses for travelling between their home and the location where they are expected to report for work, as identified by the returning officer in accordance with the instructions of the Chief Electoral Officer.

Excess mileage — training

(4) An election officer or a person undergoing training for an election officer position who is required to travel more than 32 km, return trip, from their home to attend a training session is entitled to be paid, for any travel in excess of 32 km, an allowance equal to the applicable kilometric rate established in Appendix B of the Travel Directive.

Travel Directive

36 (1) The allowances for travel and living expenses referred to in section 35 are based on the rates and allowances set out in the Travel Directive that are in effect

• (a) if the travel or living expenses are incurred during an election period, on the day on which the writ for the election is issued for an electoral district; and
• (b) in all other cases, on the day on which the travel or living expenses are incurred.

Limit

(2) The Travel Directive only applies to the extent that it is mentioned in this Tariff.

Other Allowances

Storing of election materials

37 An additional assistant returning officer is entitled to be paid, for the storing of election materials at their own residence before the writ for an election is issued and for expenses in connection with that storage, the allowance set out in item 1, column 2, of Table 3 of the schedule.

Use of personal telephone

38 An election worker who is authorized in writing by the returning officer, in accordance with the instructions of the Chief Electoral Officer, to use their personal telephone for electoral purposes is entitled to be paid the allowance set out in item 2, column 2, of Table 3 of the schedule.

Use of modem and Internet connection

39 A returning officer and a field liaison officer are entitled to be paid the allowance set out in item 3, column 2, of Table 3 of the schedule for the use of their personal modem and Internet connection in carrying out their duties.

PART 4

General Provisions

Annual Inflation Adjustment

Annual inflation adjustment

40 (1) Subject to subsections (3) and (4), the amounts set out in Tables 1 and 2 of the schedule are adjusted and apply as follows:

• (a) for 2021, on the day on which this Tariff comes into force, by multiplying each amount 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, 2022; and
• (b) beginning in 2022, annually, on January 31, by multiplying each amount 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.

Calculation of annual inflation adjustment factor

(2) The annual inflation adjustment factor is determined by the formula

A/B

where

A

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 adjustment date, calculated on the basis of 2002 being equal to 100; and

B

is 136.0, which is the annual average Consumer Price Index, as published by Statistics Canada under the authority of the Statistics Act, for 2019, calculated on the basis of 2002 being equal to 100.

Maximum adjustment

(3) The maximum adjustment that may be effected by the application of the annual inflation adjustment factor in any given calendar year is three percent.

No adjustment

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

Hourly Rate

Minimum hourly rate

41 (1) If an hourly rate set out in column 2 of Table 2 of the schedule is lower than the highest minimum hourly rate that applies in a province, other than a territory, the highest provincial hourly rate applies.

Applicable rate

(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.

Adjustment of hourly rates

(3) If an hourly rate set out in column 2 of Table 2 of the schedule must be adjusted under subsection (1), all the other hourly rates set out in that Table must be adjusted proportionately to ensure that relativity is maintained between the hourly rates of that Table.

Change to hourly rate during election period

(4) Despite subsection (1), any change to the hourly rate that occurs during an election period will not come into effect for that election period.

Accountable Advances

Office and incidental expenses

42 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 per advance and per officer.

Repeal

43 The Federal Elections Fees Tariff ^{footnote 1} is repealed.

Coming into Force

March 1, 2021

44 (1) This Tariff comes into force on March 1, 2021, but if it is registered after that day, it comes into force on the day on which it is registered.

Election period

(2) If the day on which this Tariff comes into force in subsection (1) falls during an election period, the Tariff comes into force 30 days after the day on which the election period ends.

SCHEDULE

(Sections 2 to 30, subsection 31(1), sections 34 and 37 to 39 and subsections 40(1) and 41(1) and (3))

Rates and Fees Payable

TABLE 1

Rates and Base Fees Payable to Election Administrators

Item	Column 1 Election Administrator	Column 2 Monthly Rate Payable Outside of Election Period	Column 3 Base Fee Payable During Election Period	Column 4 Base Fee Payable After Election Period	Column 5 Hourly Rate
1	Returning officer	$429.28	$22,483.54	$6,975.80	$53.66
2	Assistant returning officer	Not applicable	$16,550.50	$3,160.00	$39.50
3	Additional assistant returning officer	Not applicable	$16,550.50	$3,160.00	$39.50
4	Field liaison officer	$925.80	$25,860.68	$7,406.40	$61.72

TABLE 2

Rates Payable to Election Workers

Item	Column 1 Election Worker	Column 2 Hourly Rate
1	Level 1	$15.29
2	Level 2	$17.59
3	Level 3	$20.23
4	Level 4	$23.27
5	Level 5	$29.09

TABLE 3

Other Allowances Payable

Item	Column 1 Allowance	Column 2 Amount
1	Storing of election materials	$40.00 per month
2	Use of personal telephone	$10.00 per day, up to a maximum of $50.00 per election period
3	Use of personal modem and Internet connection	$20.00 per month

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Tariff.)

Executive summary

Issues

The Elections Modernization Act received royal assent on December 13, 2018. The Elections Modernization Act made hundreds of amendments to the Canada Elections Act. Many of the amendments are highly technical and have little operational impact. Other amendments introduced new requirements and important modifications to the way Elections Canada delivers elections. Some amendments also represent an incremental shift away from some aspects of the highly prescriptive model of election administration currently set out in the legislation, providing the Chief Electoral Officer with increased flexibility to make key decisions on election delivery.

Revisions to the Federal Elections Fees Tariff (the Tariff) are required to ensure alignment with the Canada Elections Act. Most notably, the Elections Modernization Act collapsed the different categories of poll workers into one generic category of "election officers," creating a disassociation between the tasks performed and the specific election officers who must perform them. The Elections Modernization Act also increased advance poll voting hours from 8 to 12 hours per day, for a total of 16 extra hours over the four days of advance polls. These legislative adjustments need to be accounted for in the Tariff.

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

Many election workers must be willing to work 14- to 16-hour days for a fixed or hourly fee that is close to the minimum wage in some provinces. They receive no "overtime" (e.g. 1.5 times their rate) when required to work more than 8 hours in a day (which poll workers working at advance polls or on polling day at the last general election were required to do) or on statutory holidays. For instance, when a general election occurs on the fixed election date of the third Monday in October, one of the advance polling days will always be on Thanksgiving Monday, as was the case at the last general election. 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 job demands of election workers, 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 position and perform assigned duties diligently, also keeping in mind that poll workers only work one to five days (office workers work for up to 10 weeks) every four years.

Lastly, the use of fixed or flat rates for poll workers and certain office workers is no longer optimal given the changing nature of electoral legislation and Elections Canada's voting services model, which require more flexibility and for which training needs may vary. For example, fixed rates do not allow for flexibility in the assignment of tasks or for the fact that training requirements may differ from one position to another.

Since the Tariff was last amended in 2015, further opportunities for improvement have been identified. For example, inconsistencies have been noted in the compensation for travel time, travel expenses and living expenses for different positions in the Tariff, which generated many special authorization requests during the last general election. Though the Canada Elections Act allows the Chief Electoral Officer the discretion to authorize the payment of any sum or additional sum for the services or materials that they consider just and reasonable, creating and processing these special authorization requests represents a significant administrative burden for the organization. The inconsistencies referenced above included, but were not limited to

• training officers were reimbursed for travel time, travel expenses and living expenses, while recruitment officers were reimbursed only for travel time and travel expenses, even though they could incur living expenses for business reasons;
• returning officers and field liaison officers were compensated through the Tariff for all travel and living expenses incurred as part of the work they do for Elections Canada, except for work done when paid under the monthly allowance (normally, such work should not require travel, but there are situations where it could); and
• individuals had to travel over 16 km in one direction before being entitled to compensation for travel expenses, which did not make sense in urban ridings where election workers and election administrators who were required to travel for business reasons may not have had to go far but could still incur significant expenses (e.g. for parking).

Other omissions and ambiguities in the Tariff increase the complexity of its application and the overall burden on returning officers and Elections Canada staff. For example, the Tariff fails to reflect Elections Canada's practice of prorating fees to account for absences, suspensions, illnesses and dismissals for poor performance. Also, the wording of paragraph 48(b) in the former Tariff was unintentionally deleted in the 2015 revision of the Tariff. The provision allowed individuals to be paid for travel to attend training sessions that were located more than a 35 km round trip from their home. Another example relates to the standby fees, for which there is a need to clearly define eligibility and clarify their usage.

Finally, the Standing Joint Committee for the Scrutiny of Regulations has identified that amendments are needed to provisions relating to the calculation of standby fees, the inspection of campaign returns at the returning office and the notion of "necessary" travel expenses.

Background

The Office of the Chief Electoral Officer, commonly known as Elections Canada, is an independent and non-partisan agency that reports directly to Parliament. Elections Canada is responsible for the administration of the Canada Elections Act, which governs the election of members of Parliament to the House of Commons, and the Referendum Act. The Canada Elections Act covers a broad variety of rules, including, but not limited to, the appointment and duties of election administrators (i.e. returning officers, assistant returning officers, additional assistant returning officers and field liaison officers) and election workers (including both poll workers and office workers); how candidates are nominated; the regulation of political financing; voting days, times and locations; voting procedures at the polls and by special ballot; the counting of ballots; voter registration; and a number of offences and related penalties for infractions.

Elections Canada is funded by, and operates under, two separate budget authorities. The first is an annual parliamentary appropriation that covers the salaries for permanent positions. This appropriation can be increased only with the approval of the Parliament. The second budget authority is a statutory authority found at section 553 of the Canada Elections Act that allows the Chief Electoral Officer to draw directly from the Consolidated Revenue Fund. This authority funds all other Elections Canada expenditures, including those that are paid pursuant to the Tariff, and is not subject to annual parliamentary approval. The statutory authority serves to recognize Elections Canada's independence from the Government. It also ensures that Elections Canada has access to the funds required for electoral events, which may occur at any time.

For each of the 338 electoral districts, the Chief Electoral Officer appoints a returning officer on the basis of merit for a renewable term of 10 years. Returning officers are supported by Elections Canada staff in Gatineau and a network of 31 regional field liaison officers, who provide functional leadership, mentoring and coaching. Returning officers are responsible for administering elections within their respective electoral district. They are also responsible for filling upwards of 232 000 specific election worker positions, an average of almost 700 positions in each of the 338 electoral districts. Of these, approximately 214 000 are staffed for voting days.

During a general election, Elections Canada prepares and delivers a suite of services to electors and candidates from 72 000 polling stations across Canada. It also relies on a network of over 500 local offices (including satellite offices in large, sparsely populated districts) that operate during the election period.

The Tariff, made pursuant to the Canada Elections Act, sets out the fees, expenses and allowances that are paid to returning officers and other individuals employed for, or in relation to, electoral events. The Tariff was last amended in 2015, although it does provide for an annual inflation adjustment to fees. Additionally, in assessing the fees payable to each position, the Tariff allows for the consideration of any provincial minimum wage increases; if the hourly rate provided for in the Tariff is lower than the highest minimum hourly rate that applies in a province, other than a territory, the provincial hourly rate applies.

In 2017, Elections Canada initiated the renewal of the Tariff with the objective of having it approved in time for the 43rd general election (GE43) in 2019. After a comprehensive study of operational, legal, technological and financial considerations, and despite its considerable progress, Elections Canada temporarily suspended its work on this initiative in September 2018 owing to a much later than expected introduction of the Elections Modernization Act. Engaging in a regulatory amendment process in this uncertain environment would have been impracticable given the time constraints and capacity limitations resulting from the relatively late tabling of changes to the Canada Elections Act from an election readiness perspective.

In order to have a workable Tariff in time for GE43, the Chief Electoral Officer used his statutory discretion to authorize the payment of additional sums to priority areas where fees, costs, allowances and expenses were insufficient.

Objectives

• Reflect recent modifications to the Canada Elections Act.
• Guarantee fair and equitable compensation for persons compensated under the Tariff.
• Address omissions and inconsistencies in the Tariff, as well as address amendments requested by the Standing Joint Committee for the Scrutiny of Regulations to the following elements of the Tariff: the calculation of standby fees, the inspection of campaign returns at the returning office and the notion of "necessary" travel expenses.

Description

The Tariff has been repealed and replaced. Many provisions have been retained in substance with miscellaneous amendments to reorder provisions and reflect current drafting principles. Substantive amendments to the Tariff do the following.

Alignment with the Canada Elections Act

• Create a new tiered compensation model and general position titles, providing the Chief Electoral Officer with the discretion to name and outline the duties of all positions by separate instruction.
• Modify fixed fees payable to election administrators to account for additional hours of work for advance polls as a result of the increase in advance polling hours from 8 to 12 hours per day. For election workers, this issue would be addressed through the conversion of fixed fees to hourly rates (discussed below).
• Allow for the remuneration of election workers appointed pre-writ, in line with the authority of the returning officers to appoint election officers prior to the issue of the writ in accordance with the Chief Electoral Officer's instructions, for the purposes of training and preparing them to exercise their powers and perform their duties.
• Repeal any references to inspection of campaign returns at returning officer offices, as returns are now posted online.

Remuneration and compensation

• Convert some fixed fees to hourly rates to allow more flexibility in managing working hours.
• Provide for the payment of overtime (time and a half) for election workers (excluding office staff) who work more than 8 hours in one day and for office staff who work more than 40 hours in one week.
• Provide for the payment of extra pay (time and a half) to any election worker who works on a designated holiday.
• Remove the one-time fee for central poll supervisors and designated deputy returning officers, which has proven to be an ineffective incentive for compliance with closing procedures.
• Allow for the payment at an hourly rate of assistant returning officers attending a recount in the same way as is done for returning officers and field liaison officers.
• Adjust the amount of the monthly allowance for field liaison officers to reflect their increased workload.
• Adjust the amount paid to returning officers for the post-election period to reflect their increased workload.
• Add an allowance for returning officers and field liaison officers for the use of their personal modem and Internet connection (to replace the modem and Internet service currently provided by Elections Canada).
• Expand the scope of the provision of cell phone fee allowances to include all election workers instructed by the returning officer to use their personal cell phone to accomplish their duties.
• Clarify the calculation of standby fees, specify their usage and expand the eligibility for standby fees to all election officers appointed under the Canada Elections Act.

Administrative amendments

• Formalize Elections Canada's practice of prorating fees for election administrators to account for absences, suspensions, illnesses and dismissals for poor performance.
• Adjust the payments to returning officers, assistant returning officers and additional assistant returning officers to more accurately reflect the work that is done during the election period versus the work that is done after the election period. This is not an increase in the total amount, only a reallocation between the election period and post-election period amounts.
• Address inconsistencies and provide for the reimbursement of travel expenses incurred by election administrators and election workers while travelling on authorized Elections Canada business in line with the National Joint Council Travel Directive. While the Chief Electoral Officer will continue to address gaps in compensation in exceptional circumstances, using his authority under subsection 542(4) of the Canada Elections Act, the amendments to the Tariff will ensure that routine expenses do not require special authorization from the Chief Electoral Officer in order to be reimbursed. This change will also address the observation from the Standing Joint Committee for the Scrutiny of Regulations with regard to the inconsistent use of the term "necessary" in relation to travel expenses.
• Allow for the payment of an hourly rate instead of a flat rate when attending training to better reflect the different training needs associated with various electoral positions.
• Clarify the eligibility of returning officers for the monthly allowance upon electoral boundary redistribution to ensure that, in cases where the same returning officer is appointed for both the former and the new electoral district, they do not get paid two monthly allowances during the time period between the issuance of the proclamation and the representation order's coming into legal effect.
• Allow for the application of the highest provincial minimum wage on the day that the new wage comes into effect, as long as it is not during an election period, instead of coming into effect only once a year on January 31, when indexation is also updated.
• Remove the provisions to compensate liaison officers for correctional institutions and hospital liaison officers and rely instead on an internal directive, as these individuals are not employed by returning officers but rather by correctional institutions and hospitals. This internal directive, the Directive on Certain Field Acquired Goods and Services in Conduct of Electoral Events, establishes the maximum rates that may be paid for certain goods and services acquired by the returning officers in conducting electoral events in their electoral districts.
• Make other miscellaneous amendments, such as renumbering to improve clarity, reflecting current drafting norms and addressing inconsistencies in terminology. This will include addressing the observations from the Standing Joint Committee for the Scrutiny of Regulations with regard to the use of the term "campaign election returns," references to which have been repealed as returns are now posted online, as well as the questions relating to the appointment of registration officers versus standby registration officers, which have been addressed by abolishing of the term "registration officer" in favour of using the high-level "election officer" category and a new standby provision.

Regulatory development

Consultation

A working group composed of subject matter experts from various sectors at Elections Canada was assembled in early 2018 to start the discussion on potential improvements to the Tariff. At the time, the focus was on issues encountered during the 42nd general election (GE42), which were discussed during post-mortem meetings with returning officers and field liaison officers.

After GE43, the list of issues was revisited and updated. The Report of Proceedings, i.e. input from returning officers that is required at the conclusion of an electoral event as per the Canada Elections Act, was reviewed to extract additional feedback and suggestions for the improvement of processes, systems and services (including compensation for election workers). Views expressed were considered and applied in setting the new compensation model and rates. Additional input was expected from post-mortem meetings held after a general election. However, circumstances relating to the COVID-19 pandemic resulted in these meetings being postponed.

Leveraging the results of the 2018 discussions with subject matter experts at Elections Canada and the reports and feedback relating to GE42 and GE43, Elections Canada drafted a proposal to amend the Tariff. A consultation on this draft proposal then took place, leveraging input from eight returning officers and two field liaison officers from across Canada. The size of this group is a regular and representative number of electoral administrators for a working group; it has been the experience of Elections Canada that feedback from larger groups is not as efficient to collect, nor is it substantially different. This consultative group was assembled via a call for interest to all 338 returning officers and 31 field liaison officers. The selection of participants was based on criteria to ensure that, as much as possible, there was equal representation from the different regions of Canada.

Modern treaty obligations and Indigenous engagement and consultation

The amendments to the Tariff impact Indigenous peoples as election workers, but have no impact on treaty rights.

Instrument choice

A regulatory amendment was the only option to update the matters addressed in the amendments, as the Canada Elections Act requires that they be made pursuant to the Tariff.

Regulatory analysis

A costing exercise was performed to determine the financial impact of the proposed amendments, which totalled a net of $31.1 million to be incurred during a general election.

Each amendment was individually analyzed, with only a few having material incremental costs. These costs are mainly related to the provision for overtime and holiday pay, the increase of hourly rates paid to electoral workers and the conversion of fixed fees to hourly rates (including training fees). Calculations were done on an incremental basis starting from the current rates in the Tariff, assuming the same number of hours used per position as during the last general election, meaning that the staffing model and operational requirements would remain stable.

The costs would be incurred by Elections Canada, via a statutory draw directly from the Consolidated Revenue Fund, and would be fully transferred to electoral workers throughout the country as benefits, so the net impact of these amendments would be neutral.

Benefits and costs

The time horizon was based on the required minimum of 10 years (2020–2021 to 2029–2030), starting from the time the amendments to the Tariff are implemented.

The main assumption is that there would be three general elections in the next 10 years (2021–2022, 2025–2026, 2029–2030). The maximum length of time between elections is four years, but since Canada is currently under a minority government, a more conservative assumption of three elections was used. It is important to note that Elections Canada has no prior knowledge or control of the timing of elections. Also, electoral boundaries redistribution takes place once every 10 years, and the costs related to the recommendations would be incurred in 2022–2023.

All costs are stated using 2019 dollars, and the discount rate used for the net present value is 7%, in accordance with the Canadian Cost-Benefit Analysis Guide: Regulatory Proposals (January 2019).

The full cost-benefit analysis report can be requested for review via the contact provided below.

Summary of monetized costs and benefits

• Number of years: 10 (2021 to 2030)
• Base year for costing: 2019
• Present value base year: 2020
• Discount rate: 7%

Table 1: Monetized costs

Impacted stakeholder	Description of cost (million $)	General election years	Electoral boundary redistribution years	10-year total	Net present value	Annualized value
Government	Increased cost to compensate electoral workers	31.1	(0.3)	93.0	63.5	9.0
All stakeholders	Total costs	31.1	(0.3)	93.0	63.5	9.0

Table 2: Monetized benefits

Impacted stakeholder	Description of cost (million $)	General election years	Electoral boundary redistribution years	10-year total	Net present value	Annualized value
Electoral workers	Increased compensation	31.1	(0.3)	93.0	63.5	9.0
All stakeholders	Total costs	31.1	(0.3)	93.0	63.5	9.0

Table 3: Summary of monetized costs and benefits

	General election years	Electoral boundary redistribution years	10-year total	Net present value	Annualized value
Total costs	31.1	(0.3)	93.0	63.5	9.0
Total benefits	31.1	(0.3)	93.0	63.5	9.0
Net impact	-	-	-	-	-

Quantified (non-monetary) and qualitative impacts

The most sensitive variable that would affect the overall net present value is the number of general elections within the period. That being said, the net impact would remain zero regardless of the number of elections, or any other changes in variables, and the main benefit of maintaining a reliable and fully functional election staff would be preserved.

In addition to the increased value to election workers of having higher hourly fees, it should be reiterated that the primary benefit, and main reason for increasing the fees, is to maintain the integrity of the electoral process, which depends heavily on the ability to attract, motivate and retain a large number of appropriately skilled Canadians willing to accept an election worker position and perform assigned duties diligently.

Small business lens

The amendments do the Tariff do not impact small businesses and therefore do not result in cost impacts on small businesses.

One-for-one rule

Businesses are not impacted by the scope of the amendments to the Tariff. Therefore, there is no increase or decrease of administrative burden on businesses.

The one-for-one rule does not apply, as there is no incremental change in administrative burden on businesses. The proposal repeals an existing regulation and replaces it with a new regulatory title, which results in no net increase or decrease in regulatory titles.

Regulatory cooperation and alignment

The amendments to the Tariff are not related to a work plan or commitment under a formal regulatory cooperation forum.

Strategic environmental assessment

A preliminary scan under the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals determined that the amendments to the Tariff

• have no outcomes, either positive or negative, that affect natural resources;
• have no known direct or likely indirect outcome that is expected to have considerable positive or negative impacts on the environment;
• have no outcomes that are likely to affect the achievement of the Federal Sustainable Development Strategy's goals and targets;
• are not likely to affect the number, location, type and characteristics of sponsored initiatives that would be subject to project-level environmental assessments, as required by the Canadian Environmental Assessment Act or an equivalent process;
• do not involve a new process, technology or delivery arrangement with important environmental implications; and
• do not have a scale or timing that could result in significant interactions with the environment.

Gender-based analysis plus

No gender-based analysis plus (GBA+) impacts have been identified for the amendments to the Tariff. While the vast majority of positions will see a fee increase as a result of the amendments, Elections Canada does not collect sufficient data on election workers to be able to determine if any groups would be affected disproportionately by the amendments.

Rationale

The amendments to the Tariff increase operational flexibility, in alignment with the recent changes to the Canada Elections Act. For example, allowing for the use of hourly rates, in lieu of fixed rates, in certain circumstances and removing references to specific position titles allow for the possibility of redistributing responsibilities among electoral workers.

The amendments enable fair and equitable remuneration and compensation for election workers in order to increase recruitment, retention success, motivation and diligence — key factors in improving the voter experience and reducing procedural errors.

Finally, administrative amendments improve readability and the continuity of terms and practices, and address the recommendations from the Standing Joint Committee for the Scrutiny of Regulations. For example, some terms were used inconsistently, and compound revisions over the years resulted in non-standard numbering in an attempt to keep items in a logical sequence.

Implementation, compliance and enforcement, and service standards

Elections Canada will communicate the changes to the Tariff to returning officers through its usual channels of communication, and they will also be posted on Elections Canada's website. 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 within 45 to 60 business days and be operational by March 1, 2021.

Contact

Jennifer Paquet
Chief Planning and Audit Officer
Elections Canada
30 Victoria Street
Gatineau, Quebec
K1A 0M6
Telephone: 613‑513‑8933
Email: jennifer.paquet@elections.ca