Parties Must Post Diversity and Candidate Rules

Summary#

S-213 changes the Canada Elections Act to increase transparency about who runs for office and how parties promote diversity. It makes larger registered parties post public information about their candidate selection rules and diversity plans. It also requires Elections Canada to collect voluntary, anonymized demographic data from candidates and publish summary reports.

• Applies to registered parties that received at least 2% of valid votes nationwide, or 5% in the ridings they contested, in the last general election (Bill, Subdivision C Application).
• Parties must post their rules, diversity programs, measures, assessments, and annual progress, plus plans and targets for women candidates (Bill, ss. 446.2–446.4).
• If a party has no plan or rules, it must explain why and give a timeline to adopt them (Bill, s. 446.3).
• Elections Canada must survey candidates, nomination contestants, and leadership contestants; responses are voluntary and anonymized (Bill, ss. 535.1, 535.11).
• Non-compliance with these new posting duties can trigger the existing non-voluntary deregistration process (Bill, s. 415(1) as amended).
• Data collection and reporting by Elections Canada start 2 years after royal assent; party posting duties start on royal assent (Bill, Coming into Force; Bill, ss. 446.2–446.4).

What it means for you#

• Households and voters

  • You will be able to see each qualifying party’s candidate selection rules, diversity programs, and annual progress on its website (Bill, s. 446.2).
  • You will be able to read anonymized reports on the demographics of candidates and nomination contestants within 90 days after each general election (Bill, s. 535.11(1)).

• Candidates, nomination contestants, and leadership contestants

  • You will receive a voluntary self-identification questionnaire from Elections Canada. It can include variables on “designated groups” (as defined in the Employment Equity Act) and other demographics chosen by the Chief Electoral Officer (Bill, s. 535.1(2)–(4); s. 2(1)).
  • Your responses are confidential, used only for the published reports, and will be anonymized (Bill, s. 535.1(5); s. 535.11(3)).
  • This starts 2 years after royal assent (Bill, Coming into Force).

• Political parties (meeting the 2%/5% threshold)

  • You must post online:
    • Candidate selection rules (party and local associations) (Bill, s. 446.2(1)(a)).
    • Any diversity program or policy to increase candidate diversity, with measures, how you assess them, and cumulative progress for each designated group and any other group you identify (Bill, s. 446.2(1)(b)–(f)).
    • A plan with targets for nominating women, rules for nominating women in open seats, and rules for near-miss ridings (within 10%) (Bill, s. 446.2(2)(a)–(c)).
    • Year-over-year progress toward women’s targets (Bill, s. 446.2(2)(d)).
    • A named contact person for concerns (Bill, s. 446.4).
  • You must update this information at least once a year (Bill, s. 446.2(3)).
  • If you have no program, plan, or rules, you must post reasons and a proposed timeline to adopt them (Bill, s. 446.3).
  • Failure to meet these obligations can trigger the non-voluntary deregistration process (Bill, s. 415(1) as amended).

• Elections Canada

  • You must design and send the questionnaire, collect data that supports analysis of intersecting variables, protect confidentiality, and publish anonymized reports after general elections, by-elections, and leadership contests (Bill, s. 535.1; s. 535.11).
  • You must provide reports to the Speaker for tabling in the House of Commons without delay (Bill, s. 536).

Expenses#

Estimated net cost: Data unavailable.

• Fiscal note or PBO estimate: Data unavailable.
• Explicit appropriations in the bill: None.
• Implied costs:
  • Elections Canada will bear administrative costs to design surveys, collect, secure, analyze, and publish anonymized reports (Bill, ss. 535.1, 535.11). Data unavailable.
  • Registered parties over the threshold will bear compliance costs to prepare and update website content annually and to designate a contact person (Bill, ss. 446.2–446.4). Data unavailable.

Proponents' View#

• Improves public transparency about how parties choose candidates and whether diversity policies work, by requiring rules, measures, and annual progress to be posted (Bill, s. 446.2(1), (3)).
• Encourages parties to set and track clear targets for women candidates, including in open seats and near-miss ridings, making progress measurable (Bill, s. 446.2(2)).
• Produces standardized, anonymized demographic data on candidates and contestants, enabling comparisons across elections and parties while protecting privacy (Bill, s. 535.1(4)–(5); s. 535.11(3)).
• Focuses duties on parties with meaningful voter support, limiting burden on small parties (Bill, Subdivision C Application).
• Uses definitions tied to the Employment Equity Act to ensure coverage of designated groups and allow disaggregated, intersectional analysis (Bill, s. 2(1); s. 535.1(2)–(3)).

Opponents' View#

• Creates ongoing administrative and web compliance work for parties and Elections Canada without a cost estimate; burdens may be higher around elections (Bill, ss. 446.2–446.4; ss. 535.1, 535.11). Data unavailable.
• Relies on voluntary responses, which may lead to nonresponse bias and limit data quality; results may not reflect all groups equally (Bill, s. 535.1(4)).
• Requires collection of multiple demographic variables for intersectional analysis, which can increase complexity and privacy risk if cohorts are small, even with anonymization (Bill, s. 535.1(2); s. 535.11(3)).
• Adds enforcement risk: failure to keep website information current or complete could trigger the non-voluntary deregistration process, a severe sanction for compliance lapses (Bill, s. 415(1) as amended; ss. 446.2–446.4).
• Singles out women-specific targets while leaving targets for other groups optional, which may create uneven incentives or perceptions of unequal treatment (Bill, s. 446.2(2); s. 446.2(1)(b)–(f)).