HAFF Committee Meeting

MINUTES OF PROCEEDINGS

Meeting No. 19

Monday, November 29, 1999

The Standing Committee on Procedure and House Affairs met at 3:41 p.m. this day, in Room 112-N, Centre Block, the Chair, Derek Lee, presiding.

Members of the Committee present: Stéphane Bergeron, Ray Bonin, Marlene Catterall, André Harvey, Bob Kilger, Gar Knutson, Derek Lee, Carolyn Parrish, Jerry Pickard, John Richardson and John Solomon.

Acting Members present: Marlene Jennings for Eleni Bakopanos from 5:43 to 5:33 p.m.; Peter Adams for Bob Kilger from 6:41 p.m.; John Finlay for Bob Kilger from 5:37 to 5:45 p.m.; Ted White for Chuck Strahl; Rob Anders for Randy White; Jean-Guy Chrétien for Madeleine Dalphond-Guiral from 5:38 p.m.; Pauline Picard for Madeleine Dalphond-Guiral to 5:38 p.m.

In attendance: From the Library of Parliament: James Robertson, Research Officer.

Witnesses: From the Privy Council Office: Michael Peirce, Director of Legal Operations, Legislation and House Planning/Counsel; Isabelle Mondou, Counsel, Legislation and House Planning/Counsel. From the Office of the Chief Electoral Officer: Tom McMahon, Acting Director, Legal Services and Registrar of Political Parties; Diane Bruyère, Assistant Director of Operations.

Pursuant to its Order of Reference of Tuesday, October 19, 1999, the Committee resumed consideration of Bill C-2, An Act respecting the election of members to the House of Commons, repealing other Acts relating to elections and making consequential amendments to other Acts (See Minutes of Proceedings, Tuesday, October 26, 1999 , Meeting No. 3).

The Committee proceeded to Clause-by-Clause consideration of the Bill.

Pursuant to Standing Order 75(1), consideration of Clause 1 is postponed.

On Clause 33,

Stéphane Bergeron moved, -- That Bill C-2, in Clause 33, be amended by replacing line 15 on page 20 with the following:

"within seven days after receipt of the request,"

After debate, the question being put on the amendment, it was negatived.

Stéphane Bergeron moved, -- That Bill C-2, in Clause 33, be amended by replacing line 28 on page 20 with the following:

"consist of persons recom-"

After debate, the question being put on the amendment, it was negatived.

Stéphane Bergeron moved, -- That Bill C-2, in Clause 33, be amended by adding after line 29 on page 20 the following:

"(3.1) A returning officer may, on reasonable grounds, refuse to appoint a revising agent recommended under subsection (1) and, where the appointment of a recommended person is refused, the returning officer shall immediately record the reasons for the decision in a report and cause a copy to be sent forthwith to
(a) the person whose appointment was refused; and
(b) the registered party that provided the name of the person.
(3.2) The registered party referred to in paragraph (3.1)(b) may, within 48 hours after being advised of the refusal, provide the names of other persons, and, if the registered party does not provide other names within this time, the returning officer shall proceed to appoint another person whose name is solicited from another source."

After debate, the question being put on the amendment, it was negatived.

Stéphane Bergeron moved, -- That Bill C-2, in Clause 33, be amended by replacing lines 30 to 34 on page 20 with the following:

"(4) A returning officer may replace a revising agent at any time and, where a revising agent is replaced, shall immediately record the reasons for the decision in a report and cause a copy of the report to be sent forthwith to
(a) the person replaced; and
(b) the registered parties whose candidates finished first and second in the last election in the electoral district.
(4.1) The former revising agent shall return all election materials in his or her possession to the returning officer."

The question being put on the amendment, it was negatived.

Clause 33 carried on division.

On Clause 34,

Stéphane Bergeron moved, -- That Bill C-2, in Clause 34, be amended by replacing line 8 on page 21 with the following:

"remove a deputy returning officer and, where a deputy returning officer is replaced, shall immediately record the reasons for the decision in a report and cause a copy of the report to be sent forthwith to
(a) the person removed; and
(b) the candidate of the registered party whose candidate finished first in the electoral district in the last election."

After debate, the question being put on the amendment, it was negatived.

Clause 34 carried on division.

On Clause 35,

Stéphane Bergeron moved, -- That Bill C-2, in Clause 35, be amended by replacing line 16 on page 21 with the following:

"remove a poll clerk and, where a poll clerk is removed, shall immediately record the reasons for the decision in a report and cause a copy of the report to be sent forthwith to
(a) the person removed; and
(b) the candidate of the registered party whose candidate finished second in the electoral district in the last election."

After debate, the question being put on the amendment, it was negatived.

Clause 35 carried on division.

On Clause 36,

Stéphane Bergeron moved, -- That Bill C-2, in Clause 36, be amended by replacing line 20 on page 21 with the following:

"have not, by the 15th day before polling day,"

After debate, the question being put on the amendment, it was negatived.

Stéphane Bergeron moved, -- That Bill C-2, in Clause 36, be amended by replacing, in the French version, line 25 on page 21 with the following:

" scrutateurs et des greffiers du scrutin manquants à partir "

After debate, the question being put on the amendment, it was stood.

Clause 36 stood.

On Clause 37,

Stéphane Bergeron moved, -- That Bill C-2, in Clause 37, be amended by replacing lines 27 and 28 on page 21 with the following:

"by a candidate and, where the appointment of a deputy returning officer or a poll clerk is refused, shall immediately record the reasons for the decision in a report and cause a copy of the report to be sent forthwith to
(a) the person recommended; and
(b) the candidate."

After debate, the question being put on the amendment, it was negatived.

Stéphane Bergeron moved, -- That Bill C-2, in Clause 37, be amended by replacing line 29 on page 21 with the following:

"(2) The candidate may, within 48 hours"

After debate, the question being put on the amendment, it was negatived.

Clause 37 carried on division.

On Clause 39,

Gar Knutson moved, -- That Bill C-2, in Clause 39, be amended by replacing, in the English version, line 10 on page 22 with the following:

"each registration desk, a registration officer"

After debate, the question being put on the amendment, it was adopted on the following recorded division:

YEAS:

Eleni Bakopanos

Ray Bonin

Marlene Catterall

André Harvey

Bob Kilger

Gar Knutson

Carolyn Parrish

Jerry Pickard

John Richardson

John Solomon

Ted White -- (11)

 

NAYS:

Rob Anders

Stéphane Bergeron

Pauline Picard -- (3)

Stéphane Bergeron moved, -- That Bill C-2, in Clause 39, be amended by replacing, in the French version, line 22 on page 22 with the following:

"ment de noms, il peut obtenir les noms manquants d'autres"

After debate, the question being put on the amendment, it was adopted.

Stéphane Bergeron moved, -- That Bill C-2, in Clause 39, be amended by replacing lines 25 and 26 on page 22 with the following:

"(4) The returning officer shall appoint half of the registration"

After debate, the question being put on the amendment, it was stood.

Clause 39 stood.

Clause 40 carried.

On Clause 44,

Stéphane Bergeron moved, -- That Bill C-2, in clause 44, be amended by replacing line 20 on page 24 with the following:

"surname, given names, telephone number, where not confidential, civic

By unanimous consent, the motion was withdrawn.

Stéphane Bergeron moved, -- That Bill C-2, in Clause 44, be amended by replacing line 20 on page 24 with the following:

"surname, given names, sex, date of birth, telephone number, where not confidential, civic"

After debate, the question being put on the amendment, it was adopted on the following recorded division:

YEAS:

Rob Anders

Stéphane Bergeron

André Harvey

Pauline Picard

Jerry Pickard

John Solomon

Ted White -- (7)

 

NAYS:

Marlene Catterall

Bob Kilger

Gar Knutson

Carolyn Parrish

John Richardson -- (5)

 

John Solomon moved, -- That Bill C-2, in Clause 44, be amended by replacing line 21 on page 24 with the following:

"address, mailing address, occupation and telephone number where not confidential and any other in-"

After debate, the question being put on the amendment, it was negatived.

Clause 44, as amended, carried.

On Clause 45,

Stéphane Bergeron moved, -- That Bill C-2, in clause 45, be amended by replacing line 36 on page 24 with the following:

"elector's surname, given names, telephone number, where not confidential, civic address"

After debate, the question being put on the amendment, it was adopted.

Clause 45, as amended, carried on the following recorded division:

YEAS:

Rob Anders

Stéphane Bergeron

Ray Bonin

Marlene Catterall

André Harvey

Bob Kilger

Gar Knutson

Pauline Picard

Jerry Pickard

Ted White -- (10)

NAYS:

Carolyn Parrish

John Richardson

John Solomon -- (3)

On Clause 46,

John Solomon moved, -- That Bill C-2, in Clause 46, be amended by replacing line 35 on page 25 with the following:

"Electoral Officer; or
(iii) obtained from the returning officers from censuses carried out under subsection (3); and"

By unanimous consent, the motion was withdrawn.

John Solomon moved, -- That Bill C-2, in Clause 46, be amended by replacing lines 25 and 26 on page 25 with the following:

"date of birth, civic address, mailing address, occupation and telephone number of electors included in the Register"

After debate, the question being put on the amendment, it was negatived on the following recorded division:

YEAS:

Rob Anders

André Harvey

John Solomon -- (3)

 

NAYS:

Ray Bonin

Marlene Catterall

Bob Kilger

Gar Knutson

Carolyn Parrish

Jerry Pickard

John Richardson

Ted White -- (8)

 

John Solomon moved, -- That Bill C-2, in Clause 46, be amended by adding after line 38 on page 26 the following:

"(3) Where the returning officer considers it appropriate, the returning officer may require the revising agents to carry out a census in the prescribed manner of the electors in high-density buildings.
(4) The Chief Electoral Officer may make such regulations as in the Chief Electoral Officer's opinion seem necessary for the purposes of subsection (3)."

After debate, the question being put on the amendment, it was negatived.

Clause 46 carried.

On Clause 47,

Gar Knutson moved, -- That Bill C-2, in Clause 47, be amended by replacing line 42 on page 25 with the following:

"under this Act, other than information in relation to an elector with respect to whom an application has been granted under subsection 233(1.1)."

After debate, the question being put on the amendment, it was adopted.

Clause 47, as amended, carried.

On Clause 48,

Gar Knutson moved, -- That Bill C-2, in Clause 48, be amended by replacing lines 11 and 12 on page 26 with the following:

"along with a signed certification that he or she is qualified as an elector under section 3."

After debate, the question being put on the amendment, it was adopted.

Clause 48, as amended, carried.

Clause 49 stood.

On Clause 52,

Stéphane Bergeron moved, -- That Bill C-2, in Clause 52, be amended by replacing line 9 on page 27 with the following:

"52. The Chief Electoral Officer shall delete"

The question being put on the amendment, it was stood.

Clause 52 stood.

On Clause 53,

Stéphane Bergeron moved, -- That Bill C-2, in clause 53, be amended by replacing line 21 on page 27 with the following:

"shall be used only for electoral"

After debate, the question being put on the amendment, it was negatived.

Clause 53 carried on division.

Clause 56 stood.

Clause 57 stood.

Clause 59 carried.

On Clause 66,

Stéphane Bergeron moved, -- That Bill C-2, in Clause 66, be amended by replacing lines 3 to 7 on page 34 with the following:

"(b) the name or part of the name shall not be replaced by a nickname;"

After debate, the question being put on the amendment, it was stood.

Clause 66 stood.

At 6:22 p.m., the sitting was suspended.

At 6:51 p.m., the sitting resumed.

On Clause 67,

Ted White moved, -- That Bill C-2, in Clause 67, be amended by replacing line 1 on page 35 with the following:

"(a) a deposit of $200;"

After debate, the question being put on the amendment, it was negatived.

Clause 67 carried on division.

On Clause 82,

André Harvey moved, -- That Bill C-2, in Clause 82, be amended by replacing line 30 on page 38 with the following:

"candidate from the time during an election period that he or she accepts a"

By unanimous consent, the motion was withdrawn.

Clause 82 carried.

On the new Clause ( 85.1 )

André Harvey moved, -- That Bill C-2 be amended by adding after line 25 on page 39 the following new clause:

"85.1 Subject to sections 84 and 85, a person may be appointed as official agent or auditor for a candidate notwithstanding that the person is a member of a partnership that has been appointed as an auditor, in accordance with this Act for
(a) a candidate in an electoral district other than the electoral district of the candidate for whom the appointment is being made; or
(b) a registered party."

After debate, the question being put on the amendment, it was adopted.

Clause 85, as amended, carried.

On Clause 93,

Stéphane Bergeron moved, -- That Bill C-2, in clause 93, be amended by replacing line 23 on page 40 with the following:

"contain only the names, telephone number, where not confidential and addresses of"

After debate, the question being put on the amendment, it was adopted.

Stéphane Bergeron moved, -- That Bill C-2, in Clause 93, be amended by replacing lines 26 and 27 on page 40 with the following:

"the electors."

By unanimous consent, the motion was withdrawn.

Clause 93, as amended, carried.

On Clause 94,

John Solomon moved, -- That Bill C-2, in Clause 94, be amended (a) by replacing line 34 on page 40 with the following:

"94. (1) Each returning officer shall, on receipt"

(b) by adding after line 39 on page 40 the following:

"(2) On the request of a candidate, the returning officer may provide a maximum of four additional printed copies of the preliminary lists of electors."

After debate, the question being put on the amendment, it was adopted.

Clause 94, as amended, carried.

On Clause 101,

Stéphane Bergeron moved, -- That Bill C-2, in Clause 101, be amended by replacing lines 37 to 43 on page 42 and lines 1 to 21 on page 43 with the following:

"elector to the preliminary list of electors where the elector
(a) appears at a revisal office;
(b) gives the duly completed registration form to a person authorized to receive it; and
(c) provides satisfactory proof of identity.
(2) An elector whose name is added to a preliminary list of electors under subsection (1) may request that his name or her name not be included in the Register of Electors.
(3) The previous address of an elector whose name is added to a preliminary list of electors under subsection (1)"

After debate, the question being put on the amendment, it was negatived.

Stéphane Bergeron moved, -- That Bill C-2, in Clause 101, be amended (a) by replacing line 27 on page 43 with the following:

"(4) Subject to subsection (4.1), the returning officer or assistant return-"

(b) by adding after line 38 on page 43 the following:

"(4.1) The returning officer or assistant returning officer shall not delete the name of a person to whom the returning officer has sert a notice of conformation of registration under subsection 95 (1) from a preliminary list of electors, in the cases described in paragraphs (4) (c) and (d), unless the returning officer has first
(a) notified the person regarding the allegedly invalid information; and
(b) heard the representations of the person regarding the allegedly invalid information."

After debate, the question being put on the amendment, it was negatived.

Clause 101 carried on division.

Clause 102 carried on division.

On Clause 103,

Stéphane Bergeron moved, -- That Bill C-2, in Clause 103, be amended by replacing line 24 on page 44 with the following:

"103. (1) No later than the 6th day before"

By unanimous consent, the motion was withdrawn.

Clause 103 carried.

On Clause 104,

Stéphane Bergeron moved, -- That Bill C-2, in Clause 104, be amended by replacing lines 21 to 31 on page 45 with the following:

"subsection 103 (1), the returning officer shall
(a) request revising agents to attend at the address of the person objected to given on the list of electors and to any other address indicated on the affidavit of objection; and
(b) may examine the elector on oath who made the objection, the person against whom it was made - if that person wishes to present their position - and any witness present.
(1.1) the returning officer shall make a decision on the basis of the information so obtained."

After debate, the question being put on the amendment, it was negatived.

Gar Knutson moved, -- That Bill C-2, in Clause 104, be amended by replacing, in the English version, lines 22 and 23 on page 45 with the following:

"examine on oath the elector who made the objection, the person against whom it was"

After debate, the question being put on the amendment, it was adopted.

Gar Knutson moved, -- That Bill C-2, in Clause 104, be amended by replacing lines 38 and 39 on page 45 with the following:

"tion from proving, to the returning officer on a balance of probabilities, that the name of the person"

After debate, the question being put on the amendment, it was adopted.

Clause 104, as amended, carried.

On Clause 105,

Gar Knutson moved, -- That Bill C-2, in Clause 105, be amended by

(a) replacing line 1 on page 46 with the following: "105.(1) Each returning officer shall, on the" (b) adding after line 4 on page 46 the following: "(2) The Chief Electoral Officer shall, not later than the 7th day before polling day, determine the number of names appearing on the revised lists of electors for each electoral district and cause that information to be published in the Canada Gazette."

After debate, the question being put on the amendment, it was adopted.

Clause 105, as amended, carried.

Clause 107 carried.

On Clause 109,

Stéphane Bergeron moved, -- That Bill C-2, in Clause 109, be amended (a) by replacing lines 4 and 5 on page 47 with the following:

"(2) The Chief electoral Officer shall deliver four copies, including one copy in electronic form,"

(b) by deleting lines 11 to 18 on page 47.

By unanimous consent, the motion was withdrawn.

Clause 109 stood.

On Clause 110,

Gar Knutson moved, -- That Bill C-2, in Clause 110, be amended by replacing line 28 on page 47 with the following:

"(a) communicating with his or her electors; and (b) in the case of a member of a registered party, soliciting contributions for the use of the registered party and recruiting party members."

After debate, the question being put on the amendment, it was adopted on the following recorded division:

YEAS:

Peter Adams

Eleni Bakopanos

Ray Bonin

Marlene Catterall

Gar Knutson

Jerry Pickard

John Richardson -- (7) 

NAYS:

Stéphane Bergeron

Jean-Guy Chrétien

John Solomon

Ted White -- (4)

Clause 110 as amended carried on division.

Clause 111 carried on division.

On Clause 112,

Stéphane Bergeron moved, -- That Bill C-2, in Clause 112, be amended by replacing line 34 on page 48 with the following:

"officers and poll clerks appointed to act in the electoral"

After debate, the question being put on the amendment, it was adopted.

Clause 112, as amended, carried.

On Clause 120,

Stéphane Bergeron moved, -- That Bill C-2, in Clause 120, be amended by replacing line 10 on page 52 with the following:

"(2) No later than 3 days before a polling day, a returning officer may, with the prior"

After debate, the question being put on the amendment, it was adopted.

Clause 120, as amended, carried.

On Clause 128,

John Solomon moved, -- That Bill C-2, in Clause 128, be amended by replacing line 20 on page 55 with the following:

"electoral district in the Newfoundland or Atlantic time zone;
(a.1) from 8:00 a.m. to 8:00 p.m., if the electoral district is in the Central time zone;"

After debate, the question being put on the amendment, it was stood.

Clause 128 stood.

Clause 129 carried.

Clause 130 carried.

On Clause 132,

Stéphane Bergeron moved, -- That Bill C-2, in Clause 132, be amended by replacing lines 22 to 27 on page 56 with the following:

"to have four consecutive hours for the purpose of casting his or her vote and, if his or her hours of work do not allow for those four consecutive hours, his or her employer shall allow the time for voting that is necessary to provide those four consecutive hours."

After debate, the question being put on the amendment, it was negatived.

Clause 132 carried on division.

On Clause 134,

Stéphane Bergeron moved, -- That Bill C-2, in clause 134, be amended by replacing line 17 on page 57 with the following:

"employ of the four consecutive hours for "

After debate, the question being put on the amendment, it was negatived on the following recorded division:

YEAS:

Stéphane Bergeron

Jean-Guy Chrétien -- (2)

NAYS:

Peter Adams

Eleni Bakopanos

Ray Bonin

Marlene Catterall

Carolyn Parrish

Jerry Pickard

John Richardson

Ted White -- (8)

 

Clause 134 carried on division.

On Clause 135,

Stéphane Bergeron moved, -- That Bill C-2, in Clause 135, be amended by replacing line 38 on page 57 with the following:

"tive shall present his or her written authoriza-"

By unanimous consent, the motion was withdrawn.

Clause 135 carried.

On Clause 138,

Marlene Catterall moved, -- That Bill C-2, in Clause 138, be amended by deleting from line 13 on page 59 the word "lead".

The question being put on the amendment, it was stood.

Stéphane Bergeron moved, -- That Bill C-2, in Clause 138, be amended (a) by replacing lines 7 to 15 on page 59 with the following:

"138. (1) The deputy returning officer, in full view of each elector allowed to vote shall, immediately before handing a ballot to the elector, initial the back of the ballot in the space indicated in Form 3 of Schedule 1, entirely in ink or entirely in black lead pencil so that when the ballot is folded the initials can be seen. The initials shall be as similar as"

(b) by deleting lines 20 to 25 on page 59.

After debate, the question being put on the amendment, it was negatived.

Clause 138 stood.

Clause 143 carried.

On Clause 144,

Gar Knutson moved, -- That Bill C-2, in Clause 144, be amended by replacing, in the French version, line 26 on page 60 with the following:

" identité et de sa résidence. "

After debate, the question being put on the amendment, it was adopted.

Clause 144, as amended, carried.

On Clause 145,

Stéphane Bergeron moved, -- That Bill C-2, in Clause 145, be amended by deleting lines 1 to 11 on page 61.

After debate, the question being put on the amendment, it was negatived.

Clause 145 carried on division.

Clause 148 carried.

Clause 149 carried.

Clause 155 carried.

On Clause 161,

John Solomon moved, -- That Bill C-2, in Clause 161, be amended by adding after line 4 on page 66 the following:

"(1.1) An elector may, instead of showing satisfactory proof of identity, take the prescribed oath."

After debate, the question being put on the amendment, it was stood.

Clause 161 stood.

On Clause 166,

Stéphane Bergeron moved, -- That Bill C-2, in Clause 166, be amended by deleting lines 23 to 29 on page 68.

After debate, the question being put on the amendment, it was negatived.

Clause 166 carried on division.

At 9:33 p.m., the Committee adjourned to the call of the Chair.

Carol Chafe

Clerk of the Committee

Striking Committee

Friday, November 26, 1999

In accordance with the mandate of the Committee concerning its responsibilities as the Striking Committee and in accordance with an Order adopted on Wednesday, October 13, 1999, the Eleventh Report is deemed to have been adopted and the Chair is ordered to present it to the House.