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MINUTES OF PROCEEDINGS

Meeting No. 35

Tuesday, April 29, 2014

The Standing Committee on Procedure and House Affairs met in a televised session at 7:00 p.m. this day, in Room 253-D, Centre Block, the Chair, Joe Preston, presiding.

Members of the Committee present: David Christopherson, Alexandrine Latendresse, Tom Lukiwski, Ted Opitz, Joe Preston, Scott Reid, Blake Richards and Craig Scott.

Acting Members present: Dave MacKenzie for Brad Butt, Scott Simms for Kevin Lamoureux and David Wilks for Brad Butt.

Other Members present: André Bellavance, Alexandre Boulerice and Elizabeth May.

In attendance: House of Commons: Mike MacPherson, Legislative Clerk ; Justin Vaive, Legislative Clerk . Library of Parliament: Andre Barnes, Analyst.

Witnesses: Privy Council Office: Marc Chénier, Senior Officer and Counsel; Natasha Kim, Director, Democratic Reform.

Pursuant to the Order of Reference of Monday, February 10, 2014, the Committee resumed consideration of Bill C-23, An Act to amend the Canada Elections Act and other Acts and to make consequential amendments to certain Acts.

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

The witnesses answered questions.

By unanimous consent, the Committee reverted to the consideration of the amendment of Craig Scott previously stood which read as follows: That Bill C-23, in Clause 2, be amended by replacing lines 31 to 33 on page 2 with the following:

“leadership contestant related to a leadership contest, including a personal expense as defined in section 478, as well as any non-monetary contribution.”

Scott Simms moved, — That the amendment be amended by deleting the word “any”.

The question was put on the subamendment of Scott Simms and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

After debate, the question was put on the amendment of Craig Scott and it was negatived on the following recorded division: YEAS: David Christopherson, Alexandrine Latendresse, Craig Scott, Scott Simms — 4; NAYS: Tom Lukiwski, Dave MacKenzie, Ted Opitz, Scott Reid, Blake Richards — 5.

Pursuant to order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-23, in Clause 2, be amended by replacing lines 31 to 33 on page 2 with the following:

“leadership contestant as an incidence of a leadership contest, including a personal expense as defined in section 478, as well as any non-monetary contribution or provision of goods or services.”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Craig Scott moved, — That Bill C-23, in Clause 2, be amended by replacing lines 43 to 45 on page 2 with the following:

“of a nomination contestant related to a nomination contest, including a personal expense as defined in section 476, as well as any non-monetary contribution.”

The question was put on the amendment of Craig Scott and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.

Pursuant to order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-23, in Clause 2, be amended by replacing lines 43 to 45 on page 2 with the following:

“of a nomination contestant as an incidence of a nomination contest, including a personal expense as defined in section 476, as well as any non-monetary contribution or provision of goods or services.”

After debate, the question was put on the amendment and it was negatived on the following recorded division: YEAS: David Christopherson, Alexandrine Latendresse, Craig Scott, Scott Simms — 4; NAYS: Tom Lukiwski, Dave MacKenzie, Ted Opitz, Scott Reid, Blake Richards — 5.

Clause 2 carried on the following recorded division: YEAS: Tom Lukiwski, Dave MacKenzie, Ted Opitz, Scott Reid, Blake Richards — 5; NAYS: David Christopherson, Alexandrine Latendresse, Craig Scott, Scott Simms — 4.

The Committee resumed consideration of the amendment of Elizabeth May, — That Bill C-23, in Clause 5, be amended by adding after line 8 on page 8 the following:

“16.5 The Minister shall engage in extensive consultations with the Chief Electoral Officer with respect to any proposed amendments to this Act and its regulations.”

Craig Scott moved, — That the amendment be amended by replacing the words “extensive consultations with the Chief Electoral Officer” with the words “good faith consultations with the Chief Electoral Officer, opposition parties in the House of Commons and independent Members of Parliament”

After debate, the question was put on the subamendment of Craig Scott and it was negatived on the following recorded division: YEAS: David Christopherson, Alexandrine Latendresse, Craig Scott, Scott Simms — 4; NAYS: Tom Lukiwski, Dave MacKenzie, Ted Opitz, Scott Reid, Blake Richards — 5.

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Craig Scott moved, — That Bill C-23, in Clause 5, be amended by replacing line 8 on page 8 with the following:

“16.5 (1) The Chief Electoral Officer shall inform the applicant of, and indicate on her or his Internet site, the date on which he has all the information necessary to write an opinion or to issue a guideline or interpretation note, and it shall be that date on which the time periods in sections 16.1(6) and 16.2(4) begin to run.

(2) In no case may publication under 16.1(6) or s.16.2(4) occur more than 30 days longer than the 60 days stipulated in those sections, unless the Chief Electoral Officer requests and receives the written consent of the applicant for a specified extension.”

Clause 5, as amended, carried on division.

On new Clause 5.1,

Tom Lukiwski moved, — That Bill C-23 be amended by adding after line 8 on page 8 the following new clause:

“5.1 The Act is amended by adding the following before section 17:

16.5 (1) The Chief Electoral Officer may disclose to the Commissioner any document or information that he or she has obtained under this Act and that he or she considers useful to the Commissioner in the exercise or performance of his or her powers, duties and functions under this Act.

(2) On the request of the Commissioner, the Chief Electoral Officer shall disclose to the Commissioner any document or information that the Chief Electoral Officer obtained under this Act and that the Commissioner considers necessary to the exercise or performance of his or her powers, duties and functions under this Act.”

After debate, the question was put on the amendment of Tom Lukiwski and it was agreed to, by a show of hands: YEAS: 9; NAYS: 0.

Clause 6 carried on the following recorded division: YEAS: Tom Lukiwski, Dave MacKenzie, Ted Opitz, Scott Reid, Blake Richards — 5; NAYS: David Christopherson, Alexandrine Latendresse, Craig Scott, Scott Simms — 4.

On Clause 7,

Craig Scott moved, — That Bill C-23 be amended by deleting Clause 7.

The Chair ruled the proposed amendment inadmissible because it proposed the deletion of the clause, as provided on page 768 of House of Commons Procedure and Practice, Second Edition.

Craig Scott moved, — That Bill C-23, in Clause 7, be amended by adding after line 14 on page 9 the following:

“(4) For greater certainty, the Chief Electoral Officer may communicate with Parliament or the public on any matter that she or he considers to be relevant to her or his mandate, using any media or other means that she or he considers appropriate.”

Craig Scott moved, — That Bill C-23, in Clause 7, be amended by adding after line 14 on page 9 the following:

“(4) For greater certainty, the Chief Electoral Officer may communicate publicly on whatever subject she or he considers appropriate.”

By unanimous consent, the amendment was allowed to stand.

Tom Lukiwski moved, — That Bill C-23, in Clause 7, be amended by

(a) adding after line 27 on page 8 the following:

“17.1 The Chief Electoral Officer may implement public education and information programs to make the electoral process better known to students at the primary and secondary levels.”

(b) replacing lines 29 to 31 on page 8 with the following:

“transmit or cause to be transmitted advertising messages, both inside and outside Canada, to inform electors about the exercise of their democratic rights. Such advertising messages shall only address”

“(1.1) For greater certainty, subsection (1) does not prevent the Chief Electoral Officer from transmitting or causing to be transmitted advertising messages for any other purpose relating to his or her mandate.”

After debate, the question was put on the amendment of Tom Lukiwski and it was agreed to, by a show of hands: YEAS: 5; NAYS: 1.

At 9:03 p.m., the sitting was suspended.

At 9:09 p.m., the sitting resumed.

Craig Scott moved, — That Bill C-23, in Clause 7, be amended by adding after line 7 on page 9 the following:

“(f) Canada’s electoral process and the democratic right to vote.”

The question was put on the amendment of Craig Scott and it was negatived, by a show of hands: YEAS: 3; NAYS: 4.

Craig Scott moved, — That Bill C-23, in Clause 7, be amended by adding after line 7 on page 9 the following:

“(f) the content of public education and information programs implemented by the Chief Electoral Officer to make the electoral process better known to the public and increase voter participation.”

After debate, the question was put on the amendment of Craig Scott and it was negatived on the following recorded division: YEAS: David Christopherson, Alexandrine Latendresse, Craig Scott, Scott Simms — 4; NAYS: Tom Lukiwski, Ted Opitz, Scott Reid, Blake Richards, David Wilks — 5.

Scott Simms moved, — That Bill C-23, in Clause 7, be amended by adding after line 7 on page 9 the following:

“(f) possible or actual electoral irregularities;

(g) Canada’s electoral process;

(h) the content of public education and information programs to make the electoral process better known to the public.”

After debate, the question was put on the amendment of Scott Simms and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Pursuant to order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-23, in Clause 7, be amended by adding after line 7 on page 9 the following:

“(f) any other information that the Chief Electoral Officer considers necessary for increasing the participation, in the election and in the political process generally, of any segments of the Canadian public that have been historically underrepresented.”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Pursuant to order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by André Bellavance for the consideration of the Committee, was deemed moved:

That Bill C-23, in Clause 7, be amended by adding after line 7 on page 9 the following:

“(1.1) The Chief Electoral Officer may

(a) implement public education and information programs to make the electoral process better known to the public, particularly to those persons and groups most likely to experience difficulties in exercising their democratic rights; and

(b) devise and test, in cooperation with the committees of the Senate and House of Commons that normally consider electoral matters — including studies respecting alternative voting means — an electronic voting process for future use in a general election or a by-election.”

After debate, the question was put on the amendment and it was negatived on the following recorded division: YEAS: David Christopherson, Alexandrine Latendresse, Craig Scott, Scott Simms — 4; NAYS: Tom Lukiwski, Ted Opitz, Scott Reid, Blake Richards, David Wilks — 5.

Craig Scott moved, — That Bill C-23, in Clause 7, be amended by adding after line 14 on page 9 the following:

“(4) The Chief Electoral Officer may use any media or other means that he or she considers appropriate to provide information.

(5) The Chief Electoral Officer may implement public education and information programs to make the electoral process better known to the public, particularly to those persons and groups most likely to experience difficulties in exercising their democratic rights.

(6) The Chief Electoral Officer may also establish programs to disseminate information outside Canada concerning how to vote under Part 11.”

After debate, the question was put on the amendment of Craig Scott and it was negatived on the following recorded division: YEAS: David Christopherson, Alexandrine Latendresse, Craig Scott, Scott Simms — 4; NAYS: Tom Lukiwski, Ted Opitz, Scott Reid, Blake Richards, David Wilks — 5.

By unanimous consent, the Committee reverted to the consideration of the amendment of Craig Scott previously stood which read as follows: That Bill C-23, in Clause 7, be amended by adding after line 14 on page 9 the following:

“(4) For greater certainty, the Chief Electoral Officer may communicate publicly on whatever subject she or he considers appropriate.”

After debate, the question was put on the amendment of Craig Scott and it was negatived on the following recorded division: YEAS: David Christopherson, Alexandrine Latendresse, Craig Scott, Scott Simms — 4; NAYS: Tom Lukiwski, Ted Opitz, Scott Reid, Blake Richards, David Wilks — 5.

Clause 7, as amended, carried on the following recorded division: YEAS: Tom Lukiwski, Ted Opitz, Scott Reid, Blake Richards, David Wilks — 5; NAYS: David Christopherson, Alexandrine Latendresse, Craig Scott, Scott Simms — 4.

On Clause 8,

Craig Scott moved, — That Bill C-23, in Clause 8, be amended by replacing lines 17 and 18 on page 9 with the following:

“18.01 The Chief Electoral Officer may provide assist-”

The question was put on the amendment of Craig Scott and it was negatived on the following recorded division: YEAS: David Christopherson, Alexandrine Latendresse, Craig Scott, Scott Simms — 4; NAYS: Tom Lukiwski, Ted Opitz, Scott Reid, Blake Richards, David Wilks — 5.

Craig Scott moved, — That Bill C-23, in Clause 8, be amended by adding after line 21 on page 9 the following:

“18.02 For greater certainty, the Chief Electoral Officer may give lectures and speak at conferences both inside and outside Canada without government permission.”

After debate, the question was put on the amendment of Craig Scott and it was negatived on the following recorded division: YEAS: David Christopherson, Alexandrine Latendresse, Craig Scott, Scott Simms — 4; NAYS: Tom Lukiwski, Ted Opitz, Scott Reid, Blake Richards, David Wilks — 5.

Craig Scott moved, — That Bill C-23, in Clause 8, be amended

(a) by replacing lines 24 and 25 on page 9 with the following:

“ing alternative voting means, and may devise and test an electronic voting process for future”

(b) by replacing lines 30 to 33 on page 9 with the following:

“normally consider electoral matters.”

After debate, the question was put on the amendment of Craig Scott and it was negatived on the following recorded division: YEAS: David Christopherson, Alexandrine Latendresse, Craig Scott, Scott Simms — 4; NAYS: Tom Lukiwski, Ted Opitz, Scott Reid, Blake Richards, David Wilks — 5.

Pursuant to order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-23, in Clause 8, be amended by replacing line 27 on page 9 with the following:

“process, if undertaken during a general election, may not be used for an official vote”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.

Clause 8 carried on the following recorded division: YEAS: Tom Lukiwski, Ted Opitz, Scott Reid, Blake Richards, David Wilks — 5; NAYS: David Christopherson, Alexandrine Latendresse, Craig Scott, Scott Simms — 4.

Clause 9 carried.

On Clause 10,

Scott Simms moved, — That Bill C-23, in Clause 10, be amended by replacing lines 27 and 28 on page 10 with the following:

“any other Act of Parliament and may fix and pay”

After debate, the question was put on the amendment of Scott Simms and it was negatived on the following recorded division: YEAS: David Christopherson, Alexandrine Latendresse, Craig Scott, Scott Simms — 4; NAYS: Tom Lukiwski, Ted Opitz, Scott Reid, Blake Richards, David Wilks — 5.

Clause 10 carried on the following recorded division: YEAS: Tom Lukiwski, Ted Opitz, Scott Reid, Blake Richards, David Wilks — 5; NAYS: David Christopherson, Alexandrine Latendresse, Craig Scott, Scott Simms — 4.

On Clause 11,

Scott Simms moved, — That Bill C-23, in Clause 11, be amended by adding after line 5 on page 11 the following:

“(1.1) The Chief Electoral Officer may appoint, to the Advisory Committee of Political Parties, up to two independent members who shall have the same rights as other committee members.”

RULING BY THE CHAIR

Bill C-23 seeks to amend the Canada Elections Act by establishing a committee of political parties. The amendment attempts to include a provision to appoint two independent members to sit on the committee.

As House of Commons Procedure and Practice, second edition, states on pages 767-768:

“Since an amendment may not infringe upon the financial initiative of the Crown, it is inadmissible if it imposes a charge on the public treasury, or if it extends the objects or purposes or relaxes the conditions and qualifications specified in the royal recommendation.”

In the opinion of the Chair, the amendment proposes a new scheme, which seeks to alter the terms and conditions of the royal recommendation and could possibly impose a charge on the public treasury. Therefore I rule the amendment inadmissible.

Whereupon, Scott Simms appealed the decision of the Chair.

The question: "Shall the decision of the Chair be sustained?" was put and the decision was sustained on the following recorded division: YEAS: Tom Lukiwski, Ted Opitz, Scott Reid, Blake Richards, Craig Scott, David Wilks — 6; NAYS: David Christopherson, Alexandrine Latendresse, Scott Simms — 3.

Pursuant to order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-23, in Clause 11, be amended by replacing lines 8 and 9 on page 11 with the following:

“and recommendations related to increasing voter turnout, public participation in the political system, electoral reform and fairness of the electoral system, and upholding principles of fairness and access with regard to political financing.”

After debate, the question was put on the amendment and it was negatived on the following recorded division: YEAS: David Christopherson, Alexandrine Latendresse, Craig Scott, Scott Simms — 4; NAYS: Tom Lukiwski, Ted Opitz, Scott Reid, Blake Richards, David Wilks — 5.

Scott Simms moved, — That Bill C-23, in Clause 11, be amended by adding after line 5 on page 11 the following:

“(1.1) The Chief Electoral Officer may appoint, to the Advisory Committee of Political Parties, up to two independent members who shall have the same rights as other committee members, except that they not be eligible for any remuneration or expenses and their participation would be cost neutral.”

Clause 11 carried on the following recorded division: YEAS: David Christopherson, Alexandrine Latendresse, Tom Lukiwski, Ted Opitz, Scott Reid, Blake Richards, Craig Scott, Scott Simms, David Wilks — 9; NAYS: — 0.

Clause 12 carried.

On Clause 13,

Craig Scott moved, — That Bill C-23, in Clause 13, be amended

(a) by replacing line 27 on page 11 with the following:

“23.1(1) An election officer shall not commu-”

(b) by adding after line 29 on page 11 the following:

“(2) Despite subsection (1), an election officer may communicate with the public by the use of calls, as defined in section 348.01, that are unsolicited in order to recruit persons to work on polling day.”

After debate, the question was put on the amendment of Craig Scott and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Clause 13 carried.

Clause 14 carried.

Clause 15 carried.

Clause 16 carried.

Clause 17 carried.

On Clause 18,

Craig Scott moved, — That Bill C-23, in Clause 18, be amended by replacing lines 9 to 15 on page 15 with the following:

“appointed by the returning officer on the basis of merit, following a process that is fair and transparent.”

After debate, the question was put on the amendment of Craig Scott and it was negatived on the following recorded division: YEAS: David Christopherson, Alexandrine Latendresse, Craig Scott, Scott Simms — 4; NAYS: Tom Lukiwski, Ted Opitz, Scott Reid, Blake Richards, David Wilks — 5.

At 10:59 p.m., the Committee adjourned to the call of the Chair.

Jean-François Pagé
Committee Clerk

2014/05/16 3:11 p.m.