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MINUTES OF PROCEEDINGS

Meeting No. 35

Tuesday, December 12, 2006

The Standing Committee on Procedure and House Affairs met at 11:07 a.m. this day, in Room 112-N, Centre Block, the Chair, Gary Goodyear, presiding.

Members of the Committee present: Gary Goodyear, Michel Guimond, Hon. Jay Hill, Hon. Marlene Jennings, Tom Lukiwski, Pauline Picard, Joe Preston, Marcel Proulx, Hon. Karen Redman and Scott Reid.

Acting Members present: Hon. Larry Bagnell for Hon. Stephen Owen, Steven Blaney for Hon. Jay Hill, Paul Dewar for Yvon Godin, Hon. Diane Marleau for Hon. Karen Redman and Anthony Rota for Hon. Stephen Owen.

In attendance: Library of Parliament: James Robertson, Principal ; Sebastian Spano, Analyst . House of Commons: Joann Garbig, Legislative Clerk.

Witnesses: Privy Council Office: Dan McDougall, Director of Operations, Legislation and House Planning; Natasha Kim, Senior Policy Advisor, Legislation and House Planning; Marc Chénier, Counsel, Legislation and House Planning. Department of Justice: Raymond MacCallum, Counsel, Human Rights Law Section.

Pursuant to the Order of Reference of Wednesday, November 8, 2006, the Committee resumed consideration of Bill C-31, An Act to amend the Canada Elections Act and the Public Service Employment Act.

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

On Clause 1,

Michel Guimond moved, — That Bill C-31, in Clause 1, be amended by replacing line 11 on page 1 with the following:

“division and the identifier that is”

After debate, the question was put on the amendment of Michel Guimond and it was agreed to.

Clause 1, as amended, carried.

Clauses 2 and 3 carried severally.

On Clause 4,

Michel Guimond moved, — That Bill C-31, in Clause 4, be amended by replacing lines 20 and 21 on page 2 with the following:

“(2.1) The Register of Electors also contains, for each elector, a unique, randomly”

After debate, by unanimous consent, the amendment was withdrawn.

Tom Lukiwski moved, — That Bill C-31, in Clause 4, be amended by replacing line 20 on page 2 with the following:

“(2.1) The Register of Electors must also”

After debate, the question was put on the amendment of Tom Lukiwski and it was agreed to.

Clause 4, as amended, carried.

On Clause 5,

Michel Guimond moved, — That Bill C-31, in Clause 5, be amended by replacing line 36 on page 2 with the following:

“and mailing address, date of birth and the identifier”

After debate, the question was put on the amendment of Michel Guimond and it was agreed to, by a show of hands: YEAS: 6; NAYS: 5.

Clause 5, as amended, carried on division.

Clauses 6 to 8 inclusive carried severally.

On Clause 9,

Paul Dewar moved, — That Bill C-31, in Clause 9, be amended by replacing line 41 on page 3 with the following:

“9. Subsections 55(1) and (2) of the Act are”

After debate, the question was put on the amendment of Paul Dewar and it was negatived, by a show of hands: YEAS: 1; NAYS: 9.

Clause 9 carried.

On Clause 10,

Tom Lukiwski moved, — That Bill C-31, in Clause 10, be amended by replacing, in the English version, line 21 on page 4 with the following:

“or mailing address of that person, or to the”

After debate, the question was put on the amendment of Tom Lukiwski and it was agreed to.

Clause 10, as amended, carried.

Clauses 11 and 12 carried severally.

On Clause 13,

Michel Guimond moved, — That Bill C-31, in Clause 13, be amended by replacing line 14 on page 6 with the following:

“contain only the name, address and date of birth of each”

The question was put on the amendment of Michel Guimond and it was agreed to, by a show of hands: YEAS: 6; NAYS: 5.

Michel Guimond moved, — That Bill C-31, in Clause 13, be amended by replacing lines 15 and 16 on page 6 with the following:

“elector in the electoral district and the identifier that is assigned to the elector by the Chief”

The question was put on the amendment of Michel Guimond and it was agreed to, by a show of hands: YEAS: 6; NAYS: 5.

Clause 13, as amended, carried.

On Clause 14,

Paul Dewar moved, — That Bill C-31, in Clause 14, be amended by replacing lines 29 to 34 on page 6 with the following:

“paragraph (c) and by adding the following after paragraph (d):

(e) the fact that proof of an elector’s identity and residence will be required before the elector is allowed to vote; and

(f) a telephone number and an e-mail address at which an elector may, with proof of identity as prescribed in the regulations, contact the Chief Electoral Officer in order to correct any errors in his or her notice of confirmation of registration.”

After debate, the question was put on the amendment of Paul Dewar and it was negatived, by a show of hands: YEAS: 1; NAYS: 10.

Clause 14 carried.

Clause 15 carried.

On Clause 16,

Scott Reid moved, — That Bill C-31, in Clause 16, be amended by replacing line 41 on page 6 with the following:

“16. (1) Subsection 101(1) of the Act is amended by striking out the word “or” at the end of paragraph (b), by adding the word “or” at the end of paragraph (c) and by adding the following after paragraph (c):

(d) the elector, or another elector who lives at the same residence as the elector, at their residence and in the presence of the revising agents completes the prescribed registration form and takes the prescribed oath.

(2) Section 101 of the Act is amended by”

After debate, the question was put on the amendment of Scott Reid and it was agreed to.

Clause 16, as amended, carried.

Clause 17 carried.

On Clause 18,

Michel Guimond moved, — That Bill C-31, in Clause 18, be amended by replacing line 28 on page 7 with the following:

“indicates each elector's date of birth.”

The question was put on the amendment of Michel Guimond and it was agreed to, by a show of hands: YEAS: 6; NAYS: 5.

Clause 18, as amended, carried.

Clauses 19 and 20 carried severally.

On Clause 21,

Tom Lukiwski moved, — That Bill C-31, in Clause 21, be amended

(a) by replacing lines 22 to 24 on page 8 with the following:

“(b) two pieces of identification authorized by the Chief Electoral Officer each of which establish the elector’s name and at least one of which establishes the elector’s address.”

(b) by adding after line 24 on page 8 the following:

“(2.1) For greater certainty, the Chief Electoral Officer may authorize as a piece of identification for the purposes of paragraph (2)(b) any document, regardless of who issued it.”

After debate, the question was put on the amendment of Tom Lukiwski and it was agreed to.

Paul Dewar moved, — That Bill C-31, in Clause 21, be amended by adding after line 24 on page 8 the following:

“(c) a statutory declaration made by the elector under the Canada Evidence Act.”

After debate, the question was put on the amendment of Paul Dewar and it was negatived.

The Chair ruled that the following four (4) amendments were consequential to the previous amendment and therefore they were also negatived:

That Bill C-31, in Clause 26, be amended by replacing line 29 on page 11 with the following:

“(b), respectively, or the statutory declaration referred to in paragraph 143(2)(c); or”

That Bill C-31, in Clause 26, be amended by replacing line 37 on page 11 with the following:

“or (b), respectively, or the statutory declaration referred to in paragraph 143(2)(c), and”

That Bill C-31, in Clause 28, be amended by replacing line 22 on page 12 with the following:

“graph 143(2)(a) or (b), respectively, or the statutory declaration referred to in paragraph 143(2)(c), or to take”

That Bill C-31, in Clause 30, be amended by replacing line 6 on page 13 with the following:

“(b), respectively, or the statutory declaration referred to in paragraph 143(2)(c); or”

Karen Redman moved, — That Bill C-31, in Clause 21, be amended by adding after line 24 on page 8 the following:

“(2.1) For the purposes of subsection (2), a document issued by the Government of Canada that certifies that a person is registered as an Indian under the Indian Act constitutes proof of that person's identity.”

Scott Reid moved, — That the amendment be amended:

(a) by replacing the word “(2.1)” with the word “(2.2)”

(b) by replacing the words “subsection (2)” with the words “paragraph (2)(b)”

After debate, the question was put on the subamendment of Scott Reid and it was agreed to.

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

Paul Dewar moved, — That Bill C-31, in Clause 21, be amended by replacing line 27 on page 8 with the following:

“oath if he or she is the client of an agency approved by the Chief Electoral Officer and is vouched for by a representative of that agency or he or she is accompanied by an elector”

After debate, the question was put on the amendment of Paul Dewar and it was negatived, by a show of hands: YEAS: 1; NAYS: 10.

Paul Dewar moved, — That Bill C-31, in Clause 21, be amended by deleting lines 42 and 43 on page 8.

After debate, the question was put on the amendment of Paul Dewar and it was negatived, by a show of hands: YEAS: 1; NAYS: 10.

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

That Bill C-31, in Clause 26, be amended by deleting lines 1 and 2 on page 12.

That Bill C-31, in Clause 30, be amended by deleting lines 19 and 20 on page 13.

That Bill C-31, in Clause 38, be amended

(a) by replacing lines 11 and 12 on page 15 with the following:

“the Act are renumbered as 489(2)(a.1) and (a.2), respectively.”

(b) by replacing lines 15 to 18 on page 15 with the following:

“paragraph (a.1):

(a) contravenes subsection 143(6) (vouch-”

“paragraph (a.2):

(a.3) contravenes subsection 161(7) (vouch-”

(d) by replacing, in the English version, line 27 on page 15 with the following:

“the end of paragraph (b), by adding the word “or” at the end of paragraph (c) and by adding the”

(e) by replacing lines 29 to 31 on page 15 with the following:

“(d) contravenes subsection 169(6) (vouchee”

Clause 21, as amended, carried.

At 1:30 p.m., the sitting was suspended.

At 4:34 p.m., the sitting resumed.

On Clause 22,

Paul Dewar moved, — That Bill C-31, in Clause 22, be amended by replacing lines 38 and 39 on page 9 with the following:

“person, the person shall be allowed to vote if he or she takes the prescribed oath.”

After debate, the question was put on the amendment of Paul Dewar and it was negatived, by a show of hands: YEAS: 1; NAYS: 8.

Clause 22 carried.

On Clause 23,

Paul Dewar moved, — That Bill C-31, in Clause 23, be amended by adding after line 34 on page 10 the following:

“(1.1) Section 149 of the Act is amended by adding the following after paragraph (a):

(a.1) the elector gives the deputy returning officer a statutory declaration under the Canada Evidence Act that specifies the elector’s name and address;”

After debate, the question was put on the amendment of Paul Dewar and it was negatived, by a show of hands: YEAS: 1; NAYS: 10.

Clause 23 carried.

Clause 24 carried on division.

Clauses 25 to 27 inclusive carried on division severally.

On Clause 28,

Michel Guimond moved, — That Bill C-31, in Clause 28, be amended by adding after line 34 on page 12 the following:

“(i.1) on request, and at least every 30 minutes, provide to a candidate's representative, on the prescribed form and as directed by the Chief Electoral Officer, the identity of every elector who has exercised his or her right to vote; and ”

After debate, the question was put on the amendment of Michel Guimond and it was agreed to, by a show of hands: YEAS: 7; NAYS: 4.

Clause 28, as amended, carried.

After debate, Clauses 29 to 41 inclusive carried severally, by a show of hands: YEAS: 9; NAYS: 1.

On Clause 42,

Scott Reid moved, — That Bill C-31, in Clause 42, be amended by replacing lines 29 to 37 on page 16 with the following:

“42. (1) Sections 3, 6, 8 and 9, subsection 10(2), sections 11, 12, 14 to 16, 20 to 33 and 35 to 39 come into force two months after the day on which this Act receives royal assent unless, before that day, the Chief Electoral Officer publishes a notice in the Canada Gazette that the necessary preparations have been made for the bringing into operation of the provisions set out in the notice and that they may come into force on the day set out in the notice.

(2) The amendment to the definition “list of electors” in subsection 2(1) of the Canada Elections Act, as enacted by section 1, sections 4, 5 and 7, subsection 10(1) and sections 13, 17 to 19 and 34 come into force eight months after the day on which this Act receives royal assent unless, before that day, the Chief Electoral Officer publishes a notice in the Canada Gazette that the necessary preparations have been made for the bringing into operation of the provisions set out in the notice and that they may come into force on the day set out in the notice.”

After debate, the question was put on the amendment of Scott Reid and it was agreed to.

Clause 42, as amended, carried.

The Title carried.

The Bill, as amended, carried on division.

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

ORDERED, — That Bill C-31, as amended, be reprinted for the use of the House at report stage.

At 4:58 p.m., the Committee adjourned to the call of the Chair.

Lucile McGregor
Clerk of the Committee

2006/12/18 10:25 a.m.