HAFF Committee Meeting

MINUTES OF PROCEEDINGS

Meeting No. 45

Wednesday, May 28, 2003

The Standing Committee on Procedure and House Affairs met in a televised session at 3:45 p.m. this day, in Room 237-C, Centre Block, the Chair, Peter Adams, presiding.

Members of the Committee present:  Peter Adams, Rick Borotsik, Marlene Catterall, Michel Guimond, Joe Jordan, Lynn Myers, Carolyn Parrish, Geoff Regan, Jacques Saada and Guy St-Julien.

Acting Members present:  Ted White for Dale Johnston; Rob Anders for Werner Schmidt; Lorne Nystrom for Yvon Godin.

In attendance:  From the Library of Parliament:  James Robertson, Principal; John M. Wright, Research Assistant.  From the Committees Directorate:  Susan Baldwin, Legislative Clerk.

Witnesses:  From the New Democratic Party:  Adam Giambrone, President; Chris Watson, Federal Secretary.  From the Progressive Conservative Party of Canada:  Bruck Easton, National President; Paul Lepsoe, Legal Counsel.  From the Privy Council Office:  Michèle René de Cotret, Senior Privy Council Officer/Counsel, Legislation and House Planning/Counsel; Stéphane Perrault, Senior Counsel, Political Financing Reform Team (Legal Operations/Counsel).

Pursuant to its Order of Reference of Tuesday, March 18, 2003, the Committee resumed consideration of Bill C-24, An Act to amend the Canada Elections Act and the Income Tax Act (political financing).  (See Minutes of Proceedings, Thursday, April 3, 2003, Meeting No. 31.)

The Committee discussed its future business.

Adam Giambrone, Bruck Easton and Paul Lepsoe each made a statement and, with Chris Watson, answered questions.

At 5:16 p.m., the sitting was suspended.

At 5:39 p.m., the sitting resumed.

Pursuant to the Electoral Boundaries Readjustment Act, R.S.C. 1985, c. E-3, the Committee commenced consideration of matters related to the reports of the electoral boundaries commissions.

The Chair presented a draft report requesting an extension of the period provided for the consideration of objections to the report of the commission for Alberta.

It was agreed, - That the draft report be the report of the Committee and that the Chair do present the report to the House.

At 5:40 p.m., the sitting was suspended.

At 5:44 p.m., the sitting resumed.

Pursuant to its Order of Reference of Tuesday, March 18, 2003, the Committee resumed consideration of Bill C-24, An Act to amend the Canada Elections Act and the Income Tax Act (political financing).  (See Minutes of Proceedings, Thursday, April 3, 2003, Meeting No. 31.)

The Committee resumed clause-by-clause consideration of the Bill.

On Clause 23,

Rick Borotsik moved, -- That Bill C-24, in Clause 23, be amended by adding after line 5 on page 8 the following:

“(2) An electoral district association of a registered party is not required to register or submit an annual return where the total contributions to the association are less than $10,000 per annum.”

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

Geoff Regan moved, -- That Bill C-24, in Clause 23, be amended by replacing line 10 on page 8 with the following:

“(a) the full name of the association and of the electoral district;”

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

Lorne Nystrom moved, -- That Bill C-24, in Clause 23, be amended by replacing lines 8 to 13 on page 9 with the following:

“403.04 An electoral district association of a registed party may accept contributions during an election period.”

After debate, by unanimous consent, the amendment was stood.

Geoff Regan moved, -- That Bill C-24, in Clause 23, be amended by replacing lines 21 to 29 on page 9 with the following:

“the effective date of the registration; and

(b) a declaration in the prescribed form by”

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

Geoff Regan moved, -- That Bill C-24, in Clause 23, be amended by adding after line 32 on page 9 the following:

“403.051 No financial agent of a registered association shall make a declaration referred to in paragraph 403.05(b) if the agent knows or ought to have known that the statement referred to paragraph 403.05(a) is not complete and accurate.”

After debate, by unanimous consent, the amendment, in the English version, was amended by adding after the word “ought” the following:

“reasonably”

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

Geoff Regan moved, -- That Bill C-24, in Clause 23, be amended by replacing line 9 on page 10 with the following:

“to accept contributions and to incur and pay expenses on”

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

Rick Borotsik moved, -- That Bill C-24, in Clause 23, be amended by adding after line 38 on page 10 the following:

“(3) A person may be appointed as official agent or auditor for a leadership contestant notwithstanding that the person is a member of a partnership that has been appointed as an auditor, in accordance with this Act for the registered party.”

After debate, by unanimous consent, the amendment was amended by replacing the words “official agent or auditor for a leadership contestant” with the following:

“agent for a registered association”

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

Ted White moved, -- That Bill C-24, in Clause 23, be amended by replacing line 19 on page 12 with the following:

“403.17 On or before April 30 of every year,”

After debate, by unanimous consent, the amendment was withdrawn.

Lorne Nystrom moved, -- That Bill C-24, in Clause 23, be amended by replacing line 19 on page 12 with the following:

“403.17 On or before May 31 of every year, unless an election campaign is in process on that date, in which case the date shall be July 31,”

After debate, by unanimous consent, the amendment was amended by adding after the word “process” the following:

“in that electoral district”

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

Geoff Regan moved, -- That Bill C-24, in Clause 23, be amended by replacing lines 20 to 32 on page 14 with the following:

“403.22 (1) If the boundaries of an electoral district are revised as a result of a representation order under section 25 of the Electoral Boundaries Readjustment Act, a registered association for the electoral district may, before the day on which the representation order comes into force under subsection 25(1) of that Act, file with the Chief Electoral Officer a notice that it will be continued as the registered association for a particular electoral district described in the representation order. The notice must be accompanied by a consent signed by the leader of the registered party with which it is affiliated.

(2) If a notice has been filed under subsection (1), on the coming into force of the representation order, the registered association is continued as the registered association for the electoral district specified in the notice and assumes all the rights and obligations of the association for the former electoral district.

(3) Any registered association in an electoral district whose boundaries are revised as a result of a representation order under section 25 of the Electoral Boundaries Readjustment Act that does not give a notice under subsection (1) is deregistered on the day on which the representation order comes into force under subsection 25(1) of that Act and, despite paragraph 403.01(c), may transfer goods or funds to the registered party with which it is affiliated or to any of its registered associations in the six months after that day. Any such transfer is not a contribution for the purposes of this Act.

(4) As soon as a proclamation is issued under section 25 of the Electoral Boundaries Readjustment Act relating to a representation order, an application may be made under section 403.02 for the registration of an electoral district association for an electoral district that is created by - or whose boundaries are revised as a result of - the order. Any resulting registration does not take effect before the order comes into force.

(5) The applicant in an application referred to in subsection (4) is deemed to be an electoral district association as of the date on which the application is received by the Chief Electoral Officer.”

After debate, by unanimous consent, the amendment was stood.

Rick Borotsik moved, -- That Bill C-24, in Clause 23, be amended by replacing line 36 on page 14 with the following:

“Chief Electoral Officer shall so notify in writing the”

After debate, by unanimous consent, the amendment was amended by adding after the words “in writing” the following:

“, by registered mail or by a method of courier service that provides a proof of mailing, a record while in transit and a record of delivery, the”

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

Rick Borotsik moved, -- That Bill C-24, in Clause 23, be amended by replacing line 41 on page 14 with the following:

“which shall be at least 60 days after the day on”

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

Rick Borotsik moved, -- That Bill C-24, in Clause 23, be amended by replacing line 30 on page 16 with the following:

“within eighteen months after payment of it is due.”

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

Michel Guimond moved, -- That Bill C-24, in Clause 24, be amended by replacing line 43 on page 18 and lines 1 to 7 on page 19 with the following:

“subsection 403.37(1); and

(c) a declaration in the prescribed form by the financial agent that the financial transaction return is complete and accurate.”

After debate, by unanimous consent, the amendment was stood.

On Clause 23,

By unanimous consent, Michel Guimond moved, -- That Bill C-24, in Clause 25, be amended by deleting lines 12 to 39 on page 29 and lines 1 to 15 on page 30.

After debate, by unanimous consent, the amendment was stood.

At 7:30 p.m., the Committee adjourned to the call of the Chair.

Thomas Hall

Clerk of the Committee