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MINUTES OF PROCEEDINGS
 
Meeting No. 52
 
Thursday, November 17, 2005
 

The Standing Committee on Procedure and House Affairs met at 10:37 a.m. this day, in Room 112-N, Centre Block, the Chair, Hon. Don Boudria, presiding.

 

Members of the Committee present: Hon. Don Boudria, Bill Casey, Yvon Godin, Michel Guimond, Jay Hill, Dale Johnston, Hon. Judi Longfield, Pauline Picard, Hon. Karen Redman, Scott Reid and Hon. Raymond Simard.

 

Acting Members present: Hon. Ed Broadbent for Yvon Godin, Hon. Rob Nicholson for Jay Hill and Jean-Yves Roy for Michel Guimond.

 

In attendance: Library of Parliament: James Robertson, Principal.

 

Appearing: Hon. Mauril Bélanger, P.C., M.P., Deputy Leader of the Government in the House of Commons.

 

Witnesses: Privy Council Office: Luc Dumont, Director, Democratic Renewal Secretariat; Kathy O'Hara, Deputy Secretary to the Cabinet, Machinery of Government.

 
Pursuant to the Order of Reference of Thursday, October 6, 2005, the Committee resumed consideration of the question of privilege relating to an inquiry conducted by the Ethics Commissioner.
 

The Committee resumed consideration of a draft report.

 

At 10:52 a.m., the sitting was suspended.

 

At 11:05 a.m., the Committee resumed sitting in public.

 

On motion of Dale Johnston, it was agreed, — That the draft report, as amended, be adopted.

 

On motion of Judi Longfield, it was agreed, — That the Chair, Clerk and researchers be authorized to make such grammatical and editorial changes as may be necessary without changing the substance of the report.

 

On motion of Dale Johnston, it was agreed, — That the Chair present the report to the House.

 
Pursuant to the Order of Reference of Wednesday, June 22, 2005, the Committee resumed consideration of Bill C-312, An Act to amend the Canada Elections Act (appointment of returning officers).
 

The Minister made a statement and answered questions.

 
Pursuant to the Order of Reference of Tuesday, October 18, 2005, the Committee commenced consideration of Bill C-63, An Act to amend An Act to amend the Canada Elections Act and the Income Tax Act.
 

The Chair called Clause 1.

 

The Minister made a statement and answered questions.

 
Pursuant to the Order of Reference of Wednesday, June 22, 2005, the Committee resumed consideration of Bill C-312, An Act to amend the Canada Elections Act (appointment of returning officers).
 

The Committee commenced its clause-by-clause study of the Bill.

 

On Clause 1,

Pauline Picard moved, — That Bill C-312, in Clause 1, be amended by replacing lines 11 to 19 on page 1 with the following:

“by means of an external appointment process for which eligibility is limited to persons who are qualified under this Act and who are

(a) resident in the electoral district for which the appointment is being made; or

(b) resident in an adjacent electoral district but able to perform the functions of a returning officer as satisfactorily as if they were resident in the electoral district for”

 

The question was put on the amendment of Pauline Picard and it was agreed to, by a show of hands: YEAS: 7; NAYS: 3.

 

The Chair ruled that the following three (3) amendments were consequential to a previous amendment and therefore they were also adopted:

That Bill C-312, in Clause 1, be amended by replacing line 22 on page 1 with the following:

““external appointment process” has the same meaning as”

That Bill C-312, in Clause 1, be amended by replacing line 25 on page 1 with the following:

“(1.3) The external appointment process shall be”

That Bill C-312, in Clause 1, be amended by replacing line 6 on page 2 with the following:

“publish the notice of external appointment process so as to”

 
Scott Reid moved, — That Bill C-312, in Clause 1, be amended by replacing line 12 on page 2 with the following:

“hold office for a term expiring six months after polling day at the general election next following his or her appointment,”

 

The question was put on the amendment of Scott Reid and it was negatived, by a show of hands: YEAS: 4; NAYS: 6.

 
Pauline Picard moved, — That Bill C-312, in Clause 1, be amended by replacing line 12 on page 2 with the following:

“hold office for a term of ten years,”

 

The question was put on the amendment of Pauline Picard and it was agreed to, by a show of hands: YEAS: 5; NAYS: 4.

 
On motion of Pauline Picard, it was agreed, — That Bill C-312, in Clause 1, be amended by replacing lines 16 and 17 on page 2 with the following:

“to hold office for a reason set out in paragraph (4.2)(b) or (c).”

 

The Chair ruled that the following amendment was consequential to the previous amendment and therefore it was also adopted:

That Bill C-312, in Clause 1, be amended by replacing, in the French version, lines 26 to 34 on page 2 with the following:

« (4.2) La charge de directeur du scrutin devient vacante uniquement, selon le cas :

a) à l'expiration du mandat;

b) au décès, à la démission ou à la révocation de celui-ci, si celui-ci cesse de résider dans la circonscription;

c) si les limites de la circonscription sont modifiées en raison d'un décret de représentation électorale pris au titre de l'article 25 de la Loi sur la révision des limites des circonscriptions électorales. »

 
Pauline Picard moved, — That Bill C-312 be amended by adding after line 2 on page 3 the following new clause:

2. Section 25 of the Act is replaced by the following:

25. Between the 1st and 20th days of January in each year, the Chief Electoral Officer shall publish a list in the Canada Gazette of the name, address and occupation of the returning officer for each electoral district in Canada.”

 

The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 654 of House of Commons Procedure and Practice.

 
Pauline Picard moved, — That Bill C-312 be amended by adding after line 2 on page 3 the following new clause:

3. Subsection 28(2) of the Act is repealed.

 

The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 654 of House of Commons Procedure and Practice.

 
Pauline Picard moved, — That Bill C-312 be amended by adding after line 2 on page 3 the following new clause:

3. Subsection 28(4) of the Act is replaced by the folowing:

(4) Within 60 days after the date on which the Chief Electoral Officer has been notified of a vacancy in the office of a returning officer or accepts the resignation of a returning officer, the Chief Electoral Officer shall appoint a new returning officer.”

 

The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 654 of House of Commons Procedure and Practice.

 

Clause 1, as amended, carried.

 

The Title carried.

 

The Bill, as amended, carried.

 

ORDERED, — That the Chair report the Bill, as amended, to the House.

 
Pursuant to the Order of Reference of Tuesday, October 18, 2005, the Committee resumed consideration of Bill C-63, An Act to amend An Act to amend the Canada Elections Act and the Income Tax Act.
 

The Committee commenced its clause-by-clause study of the Bill.

 

On Clause 1,

Raymond Simard moved, — That Bill C-63, in Clause 1, be amended by replacing lines 10 to 13 on page 1 with the following:

“Senate and of the House of Commons that normally considers electoral matters shall undertake a comprehensive review of the amendments made by this Act and submit a report to its House”

 

On motion of Karen Redman, it was agreed, — That the amendment be amended by replacing, in the English version, line 9, on page 1, with the following:

“force of this section, the committees of the”

 

After debate, the question was put on the amendment of Raymond Simard, as amended, and it was agreed to.

 
Scott Reid moved, — That Bill C-63, in Clause 1, be amended by adding after line 15 on page 1 the following:

27. The amendments made by this Act cease to have effect on the day that is three months after the day on which a report is submitted to Parliament under section 26 or on the day that is 27 months after the day on which this section comes into force, whichever is the earlier.

 

The Chair ruled the proposed amendment inadmissible because it was contrary to the principle of the Bill, as provided on page 654 of House of Commons Procedure and Practice.

 

Clause 1, as amended, carried on division.

 

The Title, as amended, carried on division.

 

The Bill, as amended, carried on division.

 

ORDERED, — That the Chair report the Bill, as amended, to the House.

 

At 1:01 p.m., the Committee adjourned to the call of the Chair.

 



Pierre Rodrigue
Clerk of the Committee

 
 
2005/11/18 1:46 p.m.