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MINUTES OF PROCEEDINGS

Meeting No. 10

Thursday, March 22, 2001

The Standing Committee on Procedure and House Affairs met at 11:00 a.m. this day, in Room 112-N, Centre Block, the Chair, Derek Lee, presiding.

Members of the Committee present: Stéphane Bergeron, Marlene Catterall, Michel Guimond, Joe Jordan, Derek Lee, Paul Macklin, Grant McNally, Carolyn Parrish, John Richardson and Jacques Saada.

Acting Members present: John McKay for Geoff Regan; John Bryden for Tony Tirabassi; Scott Reid for John Reynolds; Ted White for Chuck Strahl; Libby Davies for Yvon Godin.

In attendance: From the Library of Parliament: James Robertson, research officer.

Appearing: From the House of Commons: The Hon. Don Boudria, Leader of the Government in the House of Commons.

Witness: From the Privy Council Office: Michael Peirce, Director, Legal Operations, Counsel, Legislation and House Planning/Counsel.

Pursuant to its Order of Reference of Tuesday, February 27, 2001, the Committee resumed consideration of Bill C-9, An Act to amend the Canada Elections Act and the Electoral Boundaries Readjustment Act (See Minutes of Proceedings, Thursday, March 15, 2001, Meeting No. 8).

The Hon. Don Boudria made a statement and, with the other witness, answered questions.

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

Clause 1 carried.

On Clause 2,

Stéphane Bergeron moved, -- That Bill C-9, in Clause 2, be amended by replacing lines 31 and 32 on page 1 with the following:

"committee of the House of Commons that normally considers electoral"

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

YEAS:

Stéphane Bergeron

Libby Davies

Michel Guimond

(3)

NAYS:

Carole-Marie Allard

Sarmite Bulte

Joe Jordan

Paul Macklin

John McKay

Scott Reid

John Richardson

Jaques Saada

Ted White

(9)

Stéphane Bergeron moved, -- That Bill C-9 be amended by adding after line 33 on page 1 the following new clause:

"2.1 Subsection 24(1) of the Act is replaced by the following:
24. (1) The Chief Electoral Officer shall appoint a returning officer for each electoral district and may only remove him or her for cause under subsection (7)."

CHAIRMAN'S RULING: The Chair ruled the amendment out of order on the grounds that it went beyond the scope of the Bill.

Stéphane Bergeron moved, -- That Bill C-9 be amended by adding after line 33 on page 1 the following new clause:

"2.2 Subsection 24(7) of the Act is replaced by the following:

(7) The Chief Electoral Officer may remove from office any returning officer who
(a) is incapable, by reason of illness, physical or mental disability or otherwise, of satisfactorily performing his or her duties under this Act;
(b) fails to discharge competently a duty of a returning officer under this Act or to comply with an instruction of the Chief Electoral Officer described in paragraph 16(c);
(c) fails to complete the revision of the boundaries of the polling divisions in their electoral district as instructed by the Chief Electoral Officer under subsection 538(3); or
(d) contravenes subsection (6), whether or not the contravention occurs in the exercise of his or her duties under this Act."

CHAIRMAN'S RULING: The Chair ruled the amendment out of order on the grounds that it went beyond the scope of the Bill.

Clause 3 carried.

Clause 4 carried.

Clause 5 carried.

Clause 6 carried.

Clause 7 carried.

Clause 8 carried.

Clause 9 carried.

Clause 10 carried.

On Clause 11,

Scott Reid moved, -- That Bill C-9, in Clause 11, be amended by replacing lines 29 to 35 on page 3 with the following:

"11. Subsection 109(2) of the Act is replaced by the following:
(2) The Chief Electoral Officer shall deliver a printed copy and a copy in electronic form of the final lists of electors for each electoral district to each candidate."

CHAIRMAN'S RULING: The Chair ruled the amendment out of order on the grounds that it went beyond the scope of the Bill.

Libby Davies moved, - That Bill C-9, in Clause 11, be amended by adding after line 35 on page 3 the following new clause:

"(4) The Chief Electoral Officer shall deliver a printed copy and a copy in electronic form of the final lists of electors for each electoral district to each candidate."

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

Clause 11 carried on division.

On Clause 12,

Scott Reid moved, -- That Bill C-9, in Clause 12, be amended by replacing lines 4 to 8 on page 4 with the following:

"(d) in the case of a general election, the party has candidates whose nominations have been confirmed in at least 12 electoral districts."

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

Clause 12 carried on division.

Clause 13 carried.

Clause 14 carried.

Clause 15 carried.

Clause 16 carried.

Clause 17 stood.

Clause 18 carried.

Clause 19 carried.

Clause 20 carried.

On new Clause ( 20.1 )

Scott Reid moved, -- That Bill C-9 be amended by adding after line 41 on page 6 the following new clause:

"20.1 Subsection 370(1) of the Act is replaced by the following:
370. (1) An eligible party becomes a registered party if its application to become registered was made before the issue of the writs for a general election and includes the names of 5,000 electors who are members of the party or who support the right of the party to be a registered party."

CHAIRMAN'S RULING: The Chair ruled the amendment out of order on the grounds that it went beyond the scope of the Bill.

Clause 21 carried.

Clause 22 carried.

Clause 23 carried.

On new Clause ( 23.1 )

Libby Davies moved, -- That Bill C-9 be amended by adding after line 20 on page 9 the following new clause:

"23.1 Subsection 473(2) of the Act is replaced by the following:
(2) Surplus electoral funds must be transferred
(a) in the case of a candidate who was endorsed by a political party, to the political party or to an electoral district association of that political party in the candidate's electoral district; or
(b) in any other case, to the Receiver General."

CHAIRMAN'S RULING: The Chair ruled the amendment out of order on the grounds that it went beyond the scope of the Bill.

Clause 24 carried.

Clause 25 carried.

Clause 26 carried.

Clause 27 carried.

On Clause 17.

Scott Reid moved, -- That Bill C-9, in Clause 17, be amended by replacing lines 33 to 36 on page 5 with the following:

"purchase by all political parties which have nominated 12 or more candidates for the transmission of political announcements and other programming produced by or on behalf of the political parties, six and one-half"

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

Clause 17 carried.

The Title carried.

The Bill, as amended, carried.

ORDERED, -- That Bill C-9, An Act to amend the Canada Elections Act and the Electoral Boundaries Readjustment Act, as amended, be reprinted for the use of the House of Commons at Report Stage.

ORDERED, -- That the Chair report Bill C-9 without amendments to the House as the Ninth Report of the Committee.

At 1:02 p.m., the Committee adjourned to the call of the Chair.

Patrice Martin

Clerk of the Committee