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Minutes of Proceedings

42nd Parliament, 1st Session
Meeting 124
Tuesday, October 16, 2018, 9:04 a.m. to 1:03 p.m.
Presiding
Hon. Larry Bagnell, Chair (Liberal)

• Elizabeth May (Green Party)
• Luc Thériault (Bloc Québécois)
House of Commons
• Philippe Méla, Legislative Clerk
 
Library of Parliament
• Michaela Keenan-Pelletier, Analyst
Privy Council Office
• Jean-François Morin, Senior Policy Advisor
• Manon Paquet, Senior Policy Advisor
Pursuant to the Order of Reference of Wednesday, May 23, 2018, the Committee resumed consideration of Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments.

The Committee resumed clause-by-clause consideration on Clause 61 of the Bill.

The witnesses answered questions.

On Clause 61,

Stephanie Kusie moved, — That Bill C-76, in Clause 61, be amended by replacing line 2 on page 35 with the following:

“fecting the results of an election, knowingly make or publish, during”

After debate, the question was put on the amendment of Stephanie Kusie and it was negatived, by a show of hands: YEAS: 2; NAYS: 6.

Clause 61 carried on division.

Clause 62, as amended, carried.

By unanimous consent, Clauses 63 to 67 inclusive carried severally.

Clause 68 carried on division.

Clause 69, as amended, carried.

On Clause 70,

David de Burgh Graham moved, — That Bill C-76, in Clause 70, be amended by replacing line 10 on page 38 with the following:

“ficer. The official list of electors shall indicate each elector’s polling division number.”

After debate, the question was put on the amendment of David de Burgh Graham and it was agreed to, by a show of hands: YEAS: 4; NAYS: 3.

Clause 70, as amended, carried.

Clause 71 carried.

Clause 72, as amended, carried.

By unanimous consent, Clauses 73 to 75 inclusive carried severally.

On Clause 76,

Stephanie Kusie moved, — That Bill C-76, in Clause 76, be amended by replacing line 4 on page 40 with the following:

“list of the names and addresses of all the election officers appointed to”

After debate, the question was put on the amendment of Stephanie Kusie and it was negatived, by a show of hands: YEAS: 2; NAYS: 6.

Clause 76 carried on division.

By unanimous consent, Clauses 77 to 81 inclusive carried on division severally.

On Clause 82,

Stephanie Kusie moved, — That Bill C-76, in Clause 82, be amended by adding after line 5 on page 42 the following:

“(1.1) If two or more ballot boxes are to be established at a polling station, the returning officer shall provide one of the election officers who has been assigned to that polling station with a copy of every statement provided under paragraph (1)(b) in respect of that polling station.”

After debate, the question was put on the amendment of Stephanie Kusie and it was negatived, by a show of hands: YEAS: 2; NAYS: 6.

Clause 82 carried.

Clause 83 carried on division.

On Clause 84,

Stephanie Kusie moved, — That Bill C-76, in Clause 84, be amended

(a) by replacing line 17 on page 42 with the following:

“84 Subsections 121(1) to (3) of the Act are re-”

(b) by adding after line 26 on page 42 the following:

“(3) Each polling station shall contain a sufficient number of voting compartments arranged so that each elector is screened from observation and may, without interference or interruption, mark their ballot.”

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

Clause 84, as amended, carried.

Clause 85 carried.

On Clause 86,

Stephanie Kusie moved, — That Bill C-76, in Clause 86, be amended by replacing line 32 on page 42 with the following:

“86 Sections 123 and 124 of the Act are replaced by the following:

123 A returning officer shall not assign more than 10 polling divisions to a single polling station without the prior approval of the Chief Electoral Officer.”

After debate, the question was put on the amendment of Stephanie Kusie and it was negatived, by a show of hands: YEAS: 2; NAYS: 5.

Clause 86 carried on division.

On Clause 87,

Stephanie Kusie moved, — That Bill C-76, in Clause 87, be amended

(a) by replacing line 5 on page 43 with the following:

“of all of the polling stations in the electoral district, and the information on which polling divisions are assigned to each of them, avail-”

(b) by replacing line 16 on page 43 with the following:

“electoral district, or in the information on which polling divisions are assigned to any of them, the returning officer and the Chief Elec-”

(c) by replacing line 19 on page 43 with the following:

“spectively, along with, if applicable, maps of the electoral district indi-”

(d) by replacing line 23 on page 43 with the following:

“toral district, or in the information on which polling divisions are assigned to any of them, the returning officer and the Chief Electoral”

Debate arose thereon.

John Nater moved, — That the amendment be amended by deleting paragraph (c).

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

The question was put on the amendment of Stephanie Kusie and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

Stephanie Kusie moved, — That Bill C-76, in Clause 87, be amended

(a) by replacing line 6 on page 43 with the following:

“able, along with the number of ballot boxes to be established at each of them, to, respectively, each candidate in the electoral dis-”

(b) by replacing line 15 on page 43 with the following:

“is a change in the address of, or the number of ballot boxes to be established at, any polling station in the”

(c) by replacing line 19 on page 43 with the following:

“spectively, along with, if applicable, maps of the electoral district indi-”

(d) by replacing line 22 on page 43 with the following:

“change in the address of, or the number of ballot boxes to be established at, any polling station in the elec-”

After debate, the question was put on the amendment of Stephanie Kusie and it was negatived, by a show of hands: YEAS: 2; NAYS: 6.

David de Burgh Graham moved, — That Bill C-76, in Clause 87, be amended by adding after line 20 on page 43 the following:

“(2.1) The maps that the Chief Electoral Officer is to make available to political parties under subsections (1) and (2) shall be made available in electronic form or in formats that include electronic form.”

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

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

That Bill C-76, in Clause 120, be amended by replacing line 29 on page 61 with the following:

“each registered party maps of each electoral district — in electronic form or in formats that include electronic form — indi-”

Clause 87, as amended, carried.

By unanimous consent, Clauses 88 to 92 inclusive carried severally.

On Clause 93,

Pursuant to the order adopted by the Committee on Tuesday, May 3, 2016, the following amendment, submitted by Luc Thériault for the consideration of the Committee, was deemed moved:

That Bill C-76, in Clause 93, be amended by replacing line 7 on page 46 with the following

“143 (1) Each elector, in order to receive a ballot, shall, with his or her face uncovered,”

After debate, the question was put on the amendment of Luc Thériault and it was negatived, by a show of hands: YEAS: 0; NAYS: 9.

Stephanie Kusie moved, — That Bill C-76, in Clause 93, be amended by replacing line 30 on page 46 with the following:

“greater certainty, any document — other than a notice of confirmation of registration sent under section 95 or 102 — may be authorized, re-”

After debate, the question was put on the amendment of Stephanie Kusie and it was negatived, by a show of hands: YEAS: 2; NAYS: 6.

Stephanie Kusie moved, — That Bill C-76, in Clause 93, be amended

(a) by replacing line 1 on page 47 with the following:

“(3) An elector who proves his or her identity by providing two pieces of identification of a type authorized under subsection (2.1) that establish the elector's name may prove his or her”

(b) by replacing line 6 on page 47 with the following:

“(a) proves his or her own identity and residence by providing the election officer referred to in subsec-”

(c) by replacing line 9 on page 47 with the following:

“(b) attests to the elector's residence by making the solemn dec-”

After debate, the question was put on the amendment of Stephanie Kusie and it was negatived, by a show of hands: YEAS: 2; NAYS: 6.

Stephanie Kusie moved, — That Bill C-76, in Clause 93, be amended by replacing line 1 on page 47 with the following:

“(3) An elector who provides one piece of identification referred to in paragraph (2)(b) that establishes the elector's name may prove his or her identity and”

After debate, the question was put on the amendment of Stephanie Kusie and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

Nathan Cullen moved, — That Bill C-76, in Clause 93, be amended by replacing line 5 on page 47 with the following:

“electors for the same electoral district and who”

Debate arose thereon.

Ruby Sahota moved, — That the amendment be amended by replacing the words “electoral district” with the words “polling station”.

Debate arose thereon.

At 10:31 a.m., the sitting was suspended.

At 10:43 a.m., the sitting resumed.

The question was put on the subamendment of Ruby Sahota and it was agreed to, by a show of hands: YEAS: 6; NAYS: 0.

The question was put on the amendment of Nathan Cullen, as amended, and it was agreed to, by a show of hands: YEAS: 6; NAYS: 0.

The Chair ruled that the following two (2) amendments, as amended, were consequential to the previous amendment and therefore they were also adopted:

That Bill C-76, in Clause 107, be amended by replacing line 2 on page 54 with the following:

“the same polling station and who”

That Bill C-76, in Clause 117, be amended by replacing line 32 on page 59 with the following:

“the same polling station and who”

Pursuant to the order adopted by the Committee on Tuesday, May 3, 2016, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-76, in Clause 93, be amended by adding after line 10 on page 47 the following:

“(3.01) An elector who is an employee at a home for the aged or at a chronic care facility may vouch for more than one elector who is a resident at that home or facility and their name need not appear on the list of electors for the same polling station as the elector for whom they vouch.”

By unanimous consent, the amendment was withdrawn.

David de Burgh Graham moved, — That Bill C-76, in Clause 93, be amended by adding after line 10 on page 47 the following:

“(3.01) If an elector who resides in an institution for seniors or persons with a disability wishes to prove his or her identity and residence under subsection (3), the other elector referred to in that subsection who accompanies him or her may be an employee of the institution who resides — despite that subsection — in any polling division in the elector’s electoral district or an adjacent electoral district.

(3.02) In subsection (3.01), employee includes an owner of the institution and any person who occupies a management position at the institution.”

After debate, the question was put on the amendment of David de Burgh Graham and it was agreed to, by a show of hands: YEAS: 6; NAYS: 3.

The Chair ruled that the following five (5) amendments were consequential to the previous amendment and therefore they were also adopted:

That Bill C-76, in Clause 103, be amended by

(a) replacing line 5 on page 52 with the following:

“an institution for seniors or persons with a disability, when an”

(b) adding after line 7 on page 52 the following:

“(1.1) Paragraph 157(1)(b) of the French version of the Act is replaced by the following:

b) avec l’approbation du responsable de l’établissement, transporter l’urne, les bulletins de vote et les autres documents électoraux nécessaires de chambre en chambre, en vue de recueillir les votes des électeurs alités qui résident habituellement dans la section de vote où se trouve l’établissement.”

That Bill C-76, in Clause 107, be amended by adding after line 14 on page 54 the following:

“(2) If an elector who resides in an institution for seniors or persons with a disability wishes to prove his or her identity and residence under subsection (1), the other elector referred to in paragraph (1)(b) who accompanies him or her may be an employee of the institution who resides — despite that paragraph — in any polling division in the elector’s electoral district or an adjacent electoral district.

(2.1) In subsection (2), employee includes an owner of the institution and any person who occupies a management position at the institution.”

That Bill C-76, in Clause 117, be amended by adding after line 3 on page 60 the following:

“(3.1) Section 169 of the Act is amended by adding the following after subsection (2):

(2.01) If an elector who resides in an institution for seniors or persons with a disability wishes to prove his or her identity and residence under subsection (2), the other elector referred to in paragraph (2)(b) who accompanies him or her may be an employee of the institution who resides — despite that paragraph — in any polling division in the elector’s electoral district or an adjacent electoral district.

(2.02) In subsection (2.01), employee includes an owner of the institution and any person who occupies a management position at the institution.”

That Bill C-76, in Clause 190, be amended

(a) by replacing line 12 on page 97 with the following:

“son at an election, except in the cases referred to in subsections 143(3.01), 161(2) and 169(2.01).”

(b) by replacing line 19 on page 97 with the following:

“same polling division as the other person or, in the cases referred to in subsections 143(3.01), 161(2) and 169(2.01), in a polling division in the other person’s electoral district or an adjacent electoral district.”

That Bill C-76, in Clause 372, be amended by replacing line 12 on page 229 with the following:

“(e) except in a case referred to in subsection 143(3.01), 161(2) or 169(2.01), the elector has not previously vouched for any oth-”

Clause 93, as amended, carried on division.

Clause 94 carried on division.

By unanimous consent, Clauses 95 and 96 carried severally.

On Clause 97,

Stephanie Kusie moved, — That Bill C-76, in Clause 97, be amended by replacing line 34 on page 49 with the following:

“tion 143(1), after that election officer has placed on the back of the ballot, in the space indicated in Form 3 of Schedule 1, the number of the elector’s polling division.”

After debate, the question was put on the amendment of Stephanie Kusie and it was agreed to.

Clause 97, as amended, carried.

On Clause 98,

Stephanie Kusie moved, — That Bill C-76, in Clause 98, be amended by replacing line 7 on page 50 with the following:

“(d) return the ballot to the election officer who provided it.”

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

Clause 98, as amended, carried.

By unanimous consent, Clauses 99 to 101 inclusive carried severally.

On Clause 102,

Stephanie Kusie moved, — That Bill C-76, in Clause 102, be amended by replacing line 28 on page 51 with the following:

“tion may appoint a language or sign language interpreter after the interpreter has made a solemn declaration, in the prescribed form,”

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

Clause 102 carried on division.

Clause 103, as amended, carried.

On Clause 104,

Stephanie Kusie moved, — That Bill C-76, in Clause 104, be amended by replacing line 17 on page 52 with the following:

“(2) An election officer who is assigned to a polling station and designated by the returning officer”

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

David de Burgh Graham moved, — That Bill C-76, in Clause 104, be amended by replacing line 22 on page 52 with the following:

“polling station in the same electoral district.”

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

Clause 104, as amended, carried.

On Clause 105,

Stephanie Kusie moved, — That Bill C-76, in Clause 105, be amended by replacing line 3 on page 53 with the following:

“(3) An election officer designated by the returning officer shall issue a transfer certificate in”

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

Clause 105 carried on division.

Clause 106 carried.

On Clause 107,

Stephanie Kusie moved, — That Bill C-76, in Clause 107, be amended

(a) by replacing line 32 on page 53 with the following:

“(b) proves his or her identity by providing two pieces of identification of a type authorized under subsection 143(2.1) that establish the elector's name, proves his or her residence by making”

(b) by replacing line 3 on page 54 with the following:

“(i) proves his or her own identity and residence by providing the piece or pieces of identification re-”

(c) by replacing line 10 on page 54 with the following:

“(ii) attests to the elector's residence by making the solemn”

After debate, the question was put on the amendment of Stephanie Kusie and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

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

That Bill C-76, in Clause 108, be amended

(a) by replacing lines 31 and 32 on page 54 with the following:

“161.1 (1) If a person decides to prove his or her residence by making the solemn declaration referred”

(b) by replacing line 1 on page 55 with the following:

“(2) If a person decides to attest to an elector's residence by making”

Stephanie Kusie moved, — That Bill C-76, in Clause 107, be amended by replacing line 32 on page 53 with the following:

“(b) provides one piece of identification referred to in paragraph 143(2)(b) that establishes the elector's name, proves his or her identity and residence by making”

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

Clause 107, as amended, carried.

Clause 108 carried on division.

By unanimous consent, Clauses 109 to 114 inclusive carried severally.

On Clause 115,

Stephanie Kusie moved, — That Bill C-76, in Clause 115, be amended by replacing line 24 on page 57 with the following:

“nity — but in no more than one location on a single day — and have the election officers who are assigned to”

After debate, the question was put on the amendment of Stephanie Kusie and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

Clause 115 carried on division.

On Clause 116,

Stephanie Kusie moved, — That Bill C-76, in Clause 116, be amended by replacing line 2 on page 58 with the following:

“polling station, and who is designated by the returning officer, shall issue a transfer certificate to any per-”

After debate, the question was put on the amendment of Stephanie Kusie and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

Stephanie Kusie moved, — That Bill C-76, in Clause 116, be amended by replacing line 25 on page 58 with the following:

“(3) An election officer who is designated by the returning officer shall issue a transfer certificate in”

After debate, the question was put on the amendment of Stephanie Kusie and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

Clause 116 carried on division.

On Clause 117,

Stephanie Kusie moved, — That Bill C-76, in Clause 117, be amended

(a) by replacing line 28 on page 59 with the following:

“(b) proves his or her identity by providing two pieces of identification of a type authorized under subsection 143(2.1) that establish the elector's name, proves his or her residence by making”

(b) by replacing line 33 on page 59 with the following:

“(i) proves his or her own identity and residence by providing the piece or pieces of identification re-”

(c) by replacing line 1 on page 60 with the following:

“(ii) attests to the elector's residence by making the solemn”

After debate, the question was put on the amendment of Stephanie Kusie and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

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

That Bill C-76, in Clause 118, be amended

(a) by replacing lines 21 and 22 on page 60 with the following:

“169.1 (1) If a person decides to prove his or her residence by making the solemn declaration referred”

(b) by replacing line 29 on page 60 with the following:

“(2) If a person decides to attest to an elector's residence by making”

Stephanie Kusie moved, — That Bill C-76, in Clause 117, be amended by replacing line 28 on page 59 with the following:

“(b) provides one piece of identification referred to in paragraph 143(2)(b) that establishes the elector's name, proves his or her identity and residence by making”

After debate, the question was put on the amendment of Stephanie Kusie and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

Clause 117, as amended, carried on division.

Clause 118 carried on division.

Clause 119 carried.

On Clause 120,

John Nater moved, — That Bill C-76, in Clause 120, be amended by replacing lines 5 and 6 on page 61 with the following:

“120 (1) Subparagraphs 172(a)(ii) to (iv) of the Act are replaced by the following:

(ii) the location of each advance polling station or, if subsection 168(8) applies, the location for each day of an advance polling station in multiple premises,”

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

John Nater moved, — That Bill C-76, in Clause 120, be amended

(a) by replacing line 23 on page 61 with the following:

“cation — or, if subsection 168(8) applies, locations — of each advance polling station.”

(b) by replacing line 31 on page 61 with the following:

“within the electoral district and the location — or, if subsection 168(8) applies, locations — of each ad-”

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

Clause 120, as amended, carried.

Clause 121 carried.

On Clause 122,

Stephanie Kusie moved, — That Bill C-76, in Clause 122, be amended by replacing line 6 on page 62 with the following:

“122 Section 174 of the Act is replaced”

After debate, the question was put on the amendment of Stephanie Kusie and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

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

That Bill C-76, in Clause 122, be amended

(a) by replacing line 26 on page 62 with the following:

“9:00 a.m. on each of the four days of advance polling, an election officer who is assigned to the ad-”

(b) by deleting lines 29 to 40 on page 62.

(c) by adding before line 1 on page 63 the following:

“(2) The portion of subsection 175(2) of the Act before paragraph (a) is replaced by the following:”

(d) by replacing line 2 on page 63 with the following:

“on each of the 1st, 2nd and 3rd days of advance polling, an election”

(e) by replacing lines 5 to 8 on page 63 with the following:

“tives who are present,”

(f) by replacing lines 9 to 21 on page 63 with the following:

“(3) The portion of subsection 175(3) of the Act before paragraph (a) is replaced by the following:

(3) At the close of an advance polling station at 9:00 p.m. on the 4th day of advance polling, an election officer who is assigned to the advance polling station shall, in full view of the candidates or their representatives who are present, ”

(g) by replacing lines 22 to 34 on page 63 with the following:

“(4) Subsection 175(4) of the Act is replaced by the following:

(4) The election officers who are assigned to the advance polling station shall place their signatures on the seals affixed to the envelopes referred to in paragraphs (2)(b) to (d) and (3)(b) to (d). The candidates or their representatives who are present may also place their signatures on the seals.”

(h) by replacing lines 35 to 38 on page 63 with the following:

“(5) The portion of subsection 175(5) of the Act before paragraph (a) is replaced by the following:

(5) At the re-opening of an advance polling station at 9:00 a.m. on the 2nd, 3rd and 4th days of advance polling, an election officer shall, in full view of the candidates or their representatives who are present,”

(i) by replacing line 39 on page 63 with the following:

“(6) Subsection 175(6) of the Act is replaced by the following:

(6) In the intervals between voting hours at the advance polling station and until the counting of the ballots on polling day, an election officer shall keep the sealed ballot boxes in his or her custody.

(6.1) Despite subsection (6), the returning officer may re-”

(j) by adding after line 4 on page 64 the following:

“(7) Subsection 175(7) of the Act is replaced by the following:”

(k) by replacing lines 10 and 11 on page 64 with the following:

“authority of a warrant issued under subsection (8.1).

(8) Section 175 of the Act is amended by adding the following after subsection (8):

(8.1) On ex parte application by the returning officer, a”

(l) by replacing line 25 on page 64 with the following:

“a warrant under subsection (8.1), a warrant may be issued”

That Bill C-76 be amended by adding after line 24 on page 62 the following new clause:

“122.1 (1) The portion of subsection 175(1) of the Act before paragraph (a) is replaced by the following:”

That Bill C-76, in Clause 329, be amended by replacing lines 1 to 3 on page 187 with the following:

“(c) being an election officer, contravenes section 175 (improper handling of ballot box and ballots at advance poll) or subsec-”

Stephanie Kusie moved, — That Bill C-76, in Clause 122, be amended by adding after line 15 on page 62 the following:

“(1.1) An election officer who gives an elector a ballot at an advance polling station shall, before providing the ballot, place on the back of the ballot, in the space indicated in Form 3 of Schedule 1 for the polling division number, the number of the elector’s advance polling district.”

After debate, the question was put on the amendment of Stephanie Kusie and it was agreed to, by a show of hands: YEAS: 8; NAYS: 0.

Clause 122, as amended, carried.

Clause 123 carried on division.

By unanimous consent, Clauses 124 to 142 inclusive carried severally.

On Clause 143,

Stephanie Kusie moved, — That Bill C-76, in Clause 143, be amended by replacing line 30 on page 74 with the following:

“211.2(1)(b). For greater certainty, any document — other than a notice of confirmation of registration sent under section 95 or 102 — may be”

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

Clause 143 carried on division.

By unanimous consent, Clauses 144 to 148 inclusive carried severally.

By unanimous consent, Clauses 149 and 150 carried on division severally.

On Clause 151,

Stephanie Kusie moved, — That Bill C-76, in Clause 151, be amended by replacing line 20 on page 78 with the following:

elector means an elector who resides temporarily outside Canada.”

After debate, the question was put on the amendment of Stephanie Kusie and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

Clause 151 carried on division.

On Clause 152,

Stephanie Kusie moved, — That Bill C-76, in Clause 152, be amended by replacing lines 6 and 7 on page 79 with the following:

“under this Division and who

(a) resided in Canada at any time before making the application;

(b) has been residing outside Canada for less than five consecutive years immediately before making the application; and

(c) intends to return to Canada to resume residence in the future.

(2) Paragraph (1)(b) does not apply to an elector who is

(a) an employee in the federal public administration or the public service of a province and who is posted outside Canada;

(b) a Canadian citizen who is employed by an international organization of which Canada is a member and to which Canada contributes and who is posted outside Canada;

(c) a person who lives with an elector referred to in paragraph (a) or (b); or

(d) a person referred to in section 191 or a person who lives with him or her.”

After debate, the question was put on the amendment of Stephanie Kusie and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

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

That Bill C-76, in Clause 153, be amended by replacing line 10 on page 79 with the following:

“(2) Paragraph 223(1)(e) of the Act is re-”

Stephanie Kusie moved, — That Bill C-76, in Clause 152, be amended by replacing lines 6 and 7 on page 79 with the following:

“under this Division and who

(a) resided in Canada at any time before making the application; and

(b) intends to return to Canada to resume residence in the future.”

After debate, the question was put on the amendment of Stephanie Kusie and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

The Chair ruled that the following two (2) amendments were consequential to the previous amendment and therefore they were also negatived:

That Bill C-76, in Clause 153, be amended by replacing line 10 on page 79 with the following:

“(2) Paragraphs 223(1)(d) and (e) of the Act are re-”

That Bill C-76, in Clause 154, be amended by replacing lines 14 to 17 on page 79 with the following:

“154 Paragraph 226(f) of the Act is replaced by the following:

(f) no longer intends to return to Canada to resume residence in the future.”

Clause 152 carried on division.

On Clause 153,

Stephanie Kusie moved, — That Bill C-76, in Clause 153, be amended by replacing line 9 on page 79 with the following:

“placed by the following:

(b) satisfactory proof of the elector's Canadian citizenship;”

After debate, the question was put on the amendment of Stephanie Kusie and it was negatived on the following recorded division:

YEAS: Stephanie Kusie, John Nater, Alexander Nuttall — 3;

NAYS: Chris Bittle, Nathan Cullen, Peter Fragiskatos, David de Burgh Graham, Linda Lapointe, Ruby Sahota — 6.

Stephanie Kusie moved, — That Bill C-76, in Clause 153, be amended by replacing line 13 on page 79 with the following:

“dence and satisfactory proof of residence;”

After debate, the question was put on the amendment of Stephanie Kusie and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

Clause 153 carried on division.

Clause 154 carried on division.

On Clause 155,

Stephanie Kusie moved, — That Bill C-76, in Clause 155, be amended by replacing lines 32 to 34 on page 79 with the following:

“(d) placing in the outer envelope, before sealing it,

(i) the inner envelope,

(ii) as proof of his or her identity and residence, a copy of the piece of identification required under paragraph 143(2)(a), except that the reference to “a Canadian government” shall be read as a reference to a government of the jurisdiction of the elector’s address included on the application for registration and special ballot, or a copy of the two pieces of identification required under paragraph 143(2)(b), as the case may be, and

(iii) the declaration, if it is not on the outer envelope.”

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

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

That Bill C-76, in Clause 182, be amended by adding after line 2 on page 89 the following:

“(a.1) the documentary proof of identity and residence required under subparagraph 227(2)(d)(ii) has not been provided or the information on the documents provided does not correspond with the information on the application for registration and special ballot;”

Clause 155 carried on division.

Clause 156 carried on division.

On Clause 157,

Stephanie Kusie moved, — That Bill C-76, in Clause 157, be amended by replacing line 24 on page 80 with the following:

“(3) The Chief Electoral Officer may, no later than the 17th day before polling day, specify a day for the”

After debate, the question was put on the amendment of Stephanie Kusie and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

Clause 157 carried on division.

By unanimous consent, Clauses 158 to 162 inclusive carried severally.

On new Clause 162.1,

Stephanie Kusie moved, — That Bill C-76 be amended by adding after line 2 on page 83 the following new clause:

“162.1 The Act is amended by adding the following after section 241:

241.1 If, under section 241, an elector is given a ballot that is not a special ballot, no marking shall be placed on the back of the ballot in the space otherwise indicated in Form 3 of Schedule 1 for a polling division number.”

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

By unanimous consent, Clauses 163 to 181 inclusive carried severally.

Clause 182 carried on division.

On new Clause 182.1,

Stephanie Kusie moved, — That Bill C-76 be amended by adding after line 12 on page 90 the following new clause:

“182.1 The Act is amended by adding the following after section 271:

271.1 The information provided under section 271 in respect of special ballots cast in accordance with Divisions 2 to 5 shall be provided separately for every electoral district, grouped as follows:

(a) Divisions 2 and 5;

(b) Division 3; and

(c) Division 4.”

After debate, the question was put on the amendment of Stephanie Kusie and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

By unanimous consent, Clauses 183 to 189 inclusive carried severally.

On new Clause 189.1,

Stephanie Kusie moved, — That Bill C-76 be amended by adding after line 2 on page 93 the following new clause:

“189.1 The Act is amended by adding the following after section 280:

280.1 The information communicated and released under subsection 280(1) and (2), respectively, in respect of special ballots cast in accordance with Divisions 2 to 5 shall be communicated and released separately, grouped as follows:

(a) Divisions 2 and 5;

(b) Division 3; and

(c) Division 4.”

After debate, the question was put on the amendment of Stephanie Kusie and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

On Clause 190,

Stephanie Kusie moved, — That Bill C-76, in Clause 190, be amended by replacing lines 15 and 16 on page 95 with the following:

“(f) alter, deface or destroy a ballot, the initials of the election officer that are signed on a ballot or the number of the polling division or advance polling district that is marked on a ballot;”

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

Stephanie Kusie moved, — That Bill C-76, in Clause 190, be amended by replacing lines 11 to 21 on page 97 with the following:

“282.1 (1) No person shall attest to the residence of more than one elector at an election.

(2) No person shall attest to another elector's residence if

(a) the person who attests is not qualified as an elector;

(b) the person who attests does not personally know the other person; or

(c) the person who attests does not reside in the same polling division as the other person.

(3) No person whose own residence has been attested to at an election shall attest to another elector's residence at that election.”

After debate, the question was put on the amendment of Stephanie Kusie and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

Stephanie Kusie moved, — That Bill C-76, in Clause 190, be amended

(a) by replacing line 2 on page 98 with the following:

“graphs (a) to (e) shall, during a pre-election period or an election period, unduly”

(b) by replacing line 13 on page 98 with the following:

“ried on in Canada during a pre-election period or an election period consists of”

Debate arose thereon.

John Nater moved, — That the amendment be amended by deleting paragraph (b).

The question was put on the subamendment of John Nater and it was agreed to, by a show of hands: YEAS: 9; NAYS: 0.

The question was put on the amendment of Stephanie Kusie, as amended, and it was negatived on the following recorded division:

YEAS: Nathan Cullen, Stephanie Kusie, John Nater, Alexander Nuttall — 4;

NAYS: Chris Bittle, Peter Fragiskatos, David de Burgh Graham, Linda Lapointe, Ruby Sahota — 5.

Stephanie Kusie moved, — That Bill C-76, in Clause 190, be amended by replacing line 11 on page 98 with the following:

“otherwise organized outside Canada — or in Canada but for which all the individuals responsible are referred to in paragraph (a) — that does not car-”

After debate, the question was put on the amendment of Stephanie Kusie and it was negatived on the following recorded division:

YEAS: Nathan Cullen, Stephanie Kusie, John Nater, Alexander Nuttall — 4;

NAYS: Chris Bittle, Peter Fragiskatos, David de Burgh Graham, Linda Lapointe, Ruby Sahota — 5.

Stephanie Kusie moved, — That Bill C-76, in Clause 190, be amended by replacing lines 12 to 14 on page 98 with the following:

“ry on business in Canada or whose primary purpose in Canada during an election period is to influence electors during that period”

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

Ruby Sahota moved, — That Bill C-76, in Clause 190, be amended by deleting lines 31 to 35 on page 98.

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

Stephanie Kusie moved, — That Bill C-76, in Clause 190, be amended by adding after line 14 on page 99 the following:

“(3.1) Despite subsection (3), subsection (1) applies to content referred to in paragraph (3)(c) if that content is part of a program or publication whose primary purpose is to influence an elector to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party at the election.”

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

David de Burgh Graham moved, — That Bill C-76, in Clause 190, be amended by replacing lines 20 to 24 on page 99 with the following:

“purpose of enabling that person or entity to transmit an election advertising message or to cause an election advertising message to be transmitted.”

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

Clause 190, as amended, carried.

At 1:03 p.m., the Committee adjourned to the call of the Chair.



Andrew Lauzon
Clerk of the Committee