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Minutes of Proceedings

42nd Parliament, 1st Session
Meeting 125
Tuesday, October 16, 2018, 3:33 p.m. to 7:17 p.m.
Presiding
Hon. Larry Bagnell, Chair (Liberal)

House of Commons
• Philippe Méla, Legislative Clerk
 
Library of Parliament
• Andre Barnes, Analyst
Elections Canada
• Trevor Knight, Senior Counsel, Legal Services
• Anne Lawson, Deputy Chief Electoral Officer, Regulatory Affairs
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 191 of the Bill.

The witnesses answered questions.

After debate, by unanimous consent, Clause 191 was allowed to stand.

On new Clause 191.1,

John Nater moved, — That Bill C-76 be amended by adding after line 20 on page 101 the following new clause:

“191.1 The Act is amended by adding the following after section 283:

283.1 At a polling station where two or more ballot boxes have been established, the election officer referred to in subsection 119(1.1) shall, after the close of the polling station,

(a) ascertain from each of the statements provided under paragraph 119(1)(b) the number of ballots provided for use at the polling station;

(b) ascertain from each of the election officers referred to in subsection 283(3) at that polling station — including himself or herself, if he or she has also been assigned those duties — the numbers they have determined under paragraphs 283(3)(a) to (d);

(c) prepare a ballot reconciliation report, in the prescribed form, to ascertain that all ballots that were provided by the returning officer for use at that polling station are accounted for;

(d) place the original ballot reconciliation report and a copy of it in the separate envelopes supplied for that purpose; and

(e) give a copy of the ballot reconciliation report to each of the election officers referred to in subsection 283(3) and to at least one representative of each candidate represented at the polling station.”

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.

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 193, be amended by replacing line 7 on page 102 with the following:

“counted for, as described in paragraph 283(3)(d) or section 283.1, as the case may be.”

That Bill C-76, in Clause 195, be amended

(a) by replacing line 4 on page 103 with the following:

“envelopes the rejected ballots, the registration certificates, the copy of the ballot reconciliation report, if any, provided under paragraph 283.1(e)”

(b) by adding after line 9 on page 103 the following:

“(2.1) Paragraph 288(3)(b) of the Act is replaced by the following:

(b) any other election documents, except for the envelopes that contain the ballot reconciliation report, if any, the statements of the vote and the registration certificates.

(2.2) Subsection 288(4) of the Act is replaced by the following:

(4) The large envelope described in subsection (3) and the envelopes that contain the copy of the ballot reconciliation report, if any, and the copy of the statement of the vote shall be placed in the ballot box.”

That Bill C-76, in Clause 198, be amended

(a) by adding after line 38 on page 104 the following:

“(2) An election officer referred to in subsection 119(1.1) shall, without delay after all ballot boxes at the polling station are sealed, send to the returning officer the envelope that contains the original ballot reconciliation report.”

(b) by replacing line 4 on page 105 with the following:

“with one copy of each ballot reconciliation report and each statement of the vote in respect of”

On Clause 192,

David de Burgh Graham moved, — That Bill C-76, in Clause 192, be amended by replacing line 30 on page 101 with the following:

“or failed to remove the counterfoil or to write the elector’s polling division number on the back of the ballot.”

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 192, as amended, carried on division.

Clause 193 carried on division.

After debate, by unanimous consent, Clause 194 was allowed to stand.

Clause 195 carried on division.

Clause 196 carried.

After debate, by unanimous consent, Clause 197 was allowed to stand.

On Clause 198,

David de Burgh Graham moved, — That Bill C-76, in Clause 198, be amended by

(a) replacing line 28 on page 104 with the following:

“198 Section 290 of the Act is replaced”

(b) deleting lines 1 to 5 on page 105.

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 198, as amended, carried.

By unanimous consent, Clauses 199 to 204 inclusive carried severally.

After debate, by unanimous consent, Clause 205 was allowed to stand.

On Clause 206,

Ruby Sahota moved, — That Bill C-76, in Clause 206, be amended by adding after line 24 on page 107 the following:

“(2) Section 319 of the Act is amended by adding the following in alphabetical order:

online platform includes an Internet site or Internet application whose owner or operator, in the course of their commercial activities, sells, directly or indirectly, advertising space on the site or application to persons or groups. (plateforme en ligne)”

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

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

That Bill C-76 be amended by adding after line 31 on page 107 the following:

“208.1 The Act is amended by adding the following after section 325:

Online Platforms

325.1 (1) This section and section 325.2 apply to any online platform that, in the 12 months before the first day of the pre-election period, in the case of the publication on the platform of a partisan advertising message, or the 12 months before the first day of the election period, in the case of the publication on the platform of an election advertising message, was visited or used by Internet users in Canada an average of at least the following numbers of times per month:

(a) 3,000,000 times, if the content of the online platform is available mainly in English;

(b) 1,000,000 times, if the content of the online platform is available mainly in French; or

(c) 100,000 times, if the content of the online platform is available mainly in a language other than English or French.

(2) The owner or operator of an online platform that sells, directly or indirectly, advertising space to the following persons and groups shall publish on the platform a registry of the persons’ and groups’ partisan advertising messages and election advertising messages published on the platform during that period:

(a) a registered party or eligible party;

(b) a registered association;

(c) a nomination contestant;

(d) a potential candidate or a candidate; or

(e) a third party that is required to register under subsection 349.6(1) or 353(1).

(3) The registry referred to in subsection (2) shall include the following:

(a) an electronic copy of each partisan advertising message and each election advertising message published on the platform; and

(b) for each advertising message referred to in paragraph (a), the name of the person who authorized the advertising message’s publication on the platform, namely

(i) a registered agent of the registered party or eligible party, in the case of an advertising message whose publication was requested by a registered party or eligible party,

(ii) the financial agent of the registered association, in the case of an advertising message whose publication was requested by a registered association,

(iii) the financial agent of the nomination contestant, in the case of an advertising message whose publication was requested by a nomination contestant,

(iv) the official agent of the potential candidate or candidate, in the case of an advertising message whose publication was requested by a potential candidate or a candidate, and

(v) the financial agent of the registered third party, in the case of an advertising message whose publication was requested by a registered third party.

(4) The owner or operator of the online platform shall publish in the registry referred to in subsection (2) the information referred to in subsection (3) for each partisan advertising message and each election advertising message during the following periods:

(a) in the case of a partisan advertising message, during the period that begins on the day on which the online platform first publishes the advertising message and ends two years after

(i) the end of the election period of the general election immediately following the pre-election period, or

(ii) the day referred to in paragraph (b) of the definition pre-election period if there is no general election immediately following the pre-election period; and

(b) in the case of an election advertising message, during the period that begins on the first day on which the online platform publishes such an advertising message and ends two years after the end of the election period.

(5) The owner or operator of the online platform shall keep the information that was included in the registry referred to in subsection (2) in respect of each partisan advertising message and each election advertising message for five years after the end of the applicable publication period referred to in subsection (4).

325.2 A person or group referred to in any of paragraphs 325.1(2)(a) to (e) that requests the publication of a partisan advertising message or election advertising message on an online platform shall provide the owner or operator of the platform with all the information in the person’s or group’s control that the owner or operator needs in order to comply with subsection 325.1(2).”

That Bill C-76, in Clause 333, be amended by

(a) adding after line 22 on page 190 the following:

“(a.1) being the owner or operator of an online platform, contravenes subsection 325.1(2) or (4) (failure to publish registry of partisan advertising messages and election advertising messages for required publication period) or subsection 325.1(5) (failure to keep information for required period);

(a.2) being a registered party, eligible party, registered association, nomination contestant, potential candidate, candidate or third party that is required to register under subsection 349.6(1) or 353(1), contravenes section 325.2 (failure to provide information about self);”

(b) replacing line 33 on page 190 with the following:

“(a) being the owner or operator of an online platform, knowingly contravenes subsection 325.1(2) or (4) (failure to publish registry of partisan advertising messages and election advertising messages for required publication period) or subsection 325.1(5) (failure to keep information for required period);

(a.1) knowingly contravenes subsection 326(1) or (2)”

(c) adding after line 11 on page 191 the following:

“(a.1) being a registered party, eligible party, registered association, nomination contestant, potential candidate, candidate or third party that is required to register under subsection 349.6(1) or 353(1), knowingly contravenes section 325.2 (failure to provide information about self);”

That Bill C-76, in Clause 349, be amended by

(a) replacing line 30 on page 203 with the following:

“fence under paragraph 495(1)(a.2) or 495(5)(a.1) or section 495.21, 495.3, 496 or 496.1, the person who is”

(b) replacing line 36 on page 203 with the following:

“third party under paragraph 495(1)(a.2) or 495(5)(a.1) or section 495.21, 495.3, 496 or 496.1, the third”

Clause 206, as amended, carried.

On new Clause 206.1,

Nathan Cullen moved, — That Bill C-76 be amended by adding after line 24 on page 107 the following new clause:

“206.1 Section 320 of the Act is replaced by the following:

320 A candidate or registered party, or a person acting on their behalf, who causes election advertising to be conducted shall mention in or on the message that its transmission was authorized by the official agent of the candidate or by the registered agent of the party, as the case may be. The authorization shall also be clearly visible in all election advertising messages transmitted by means of the Internet or any other digital network.”

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

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 223, be amended by replacing line 26 on page 115 with the following:

“the message that it has authorized its transmission. Its identity shall also be clearly visible in all partisan advertising messages it places that are transmitted by means of the Internet or any other digital network.”

That Bill C-76, in Clause 225, be amended by replacing line 3 on page 128 with the following:

“the message that it has authorized its transmission. Its identity shall also be clearly visible in all election advertising messages it places that are transmitted by means of the Internet or any other digital network.”

That Bill C-76, in Clause 336, be amended by replacing lines 13 and 14 on page 192 with the following:

“(c) subsection 349.5(1) or (2); ”

Clause 207 carried on division.

Clause 208 carried.

By unanimous consent, Clauses 209 and 210 carried severally.

On Clause 211,

Stephanie Kusie moved, — That Bill C-76, in Clause 211, be amended

(a) by replacing line 33 on page 108 with the following:

“211 Subsections 328(1) and (2) of the Act are replaced by”

(b) by replacing line 37 on page 108 with the following:

“close of all of the polling stations in that electoral district or in any other electoral district within the geographical areas from which the sample of respondents was drawn,”

(c) by adding after line 2 on page 109 the following:

“(2) No person shall transmit to the public, in an electoral district on polling day before the close of all of the polling stations in that electoral district or in any other electoral district within the geographical areas from which the sample of respondents was drawn, the results of an election survey that have not previously been transmitted to the public.”

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, Martin Shields — 4;

NAYS: Vance Badawey, Chris Bittle, Emmanuel Dubourg, David de Burgh Graham, Ruby Sahota — 5.

Clause 211 carried on division.

By unanimous consent, Clauses 212 and 213 carried severally.

On new Clause 213.1,

Stephanie Kusie moved, — That Bill C-76 be amended by adding after line 17 on page 109 the following new clause:

“213.1 The Act is amended by adding the following after section 348:

348.001 No person shall charge a registered party, any other political party or a candidate or a person acting on behalf of any of them, a rate for an advertisement through a social media service distributed in the period referred to in paragraph 348(a) that exceeds the lowest rate charged by the person for an equivalent distribution on the same platform made available to any other person at any time within that period.”

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

By unanimous consent, Clauses 214 to 216 inclusive carried severally.

On new Clause 216.1,

Stephanie Kusie moved, — That Bill C-76 be amended by adding after line 12 on page 110 the following new clause:

“216.1 The Act is amended by adding the following after section 348.15:

348.151 (1) The Canadian Radio-television and Telecommunications Commission shall, as soon as possible after a general election, prepare and provide to the Speaker of the House of Commons a report setting out

(a) any matter or event that has arisen or occurred in connection with the administration or enforcement of this Division since the last report — or, in the case of the first report, since the coming into force of section 348.1 — and that it considers should be brought to the attention of the House of Commons; and

(b) any amendments to the Act that, in its opinion, are desirable for the better administration of this Division.

(2) The Speaker of the House of Commons shall submit a report provided by the Canadian Radio-television and Telecommunications Commission under subsection (1) to the House of Commons without delay.”

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

By unanimous consent, Clauses 217 to 221 inclusive carried severally.

On Clause 222,

David de Burgh Graham moved, — That Bill C-76, in Clause 222, be amended by replacing line 30 on page 111 with the following:

“(a) in Division 0.1, a person or a group other than

(i) during an election period, a candidate, a registered party or an electoral district association of a registered party, and

(ii) outside of an election period,

(A) a registered party or eligible party or a registered association,

(B) a potential candidate within the meaning of paragraph (a), (b) or (d) of the definition potential candidate in subsection 2(1), or

(C) a nomination contestant;

(a.1) in Division 1, a person or a group other than”

After debate, the question was put on the amendment of David de Burgh Graham and it was agreed to on the following recorded division:

YEAS: Vance Badawey, Chris Bittle, David Christopherson, David de Burgh Graham, Stephanie Kusie, Linda Lapointe, John Nater, Scott Reid, Ruby Sahota — 9;

NAYS: — 0.

The Chair ruled that the following eight (8) amendments were consequential to the previous amendment and therefore they were also adopted:

That Bill C-76, in Clause 223, be amended by adding after line 2 on page 113 the following:

“DIVISION 0.1

Prohibition on Use of Foreign Funds by Third Parties

Interpretation

349.01 (1) The following definitions apply in this Division.

advertising means the transmission to the public by any means of an advertising message that promotes or opposes a registered party or eligible party or the election of a potential candidate, nomination contestant, candidate or leader of a registered party or eligible party, otherwise than by taking a position on an issue with which any such party or person is associated. For greater certainty, it does not include

(a) the transmission to the public of an editorial, a debate, a speech, an interview, a column, a letter, a commentary or news;

(b) the distribution of a book, or the promotion of the sale of a book, for no less than its commercial value, if the book was planned to be made available to the public regardless of whether there was to be an election;

(c) the transmission of a document by a Senator or a member the expense of which is paid by the Senate or House of Commons;

(d) the transmission of a document directly by a person or a group to their members, employees or shareholders, as the case may be;

(e) the transmission by an individual, on a non-commercial basis on the Internet, of his or her personal political views; or

(f) the making of telephone calls to electors only to encourage them to vote. (publicité)

foreign entity includes

(a) an individual who is not a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act;

(b) a corporation or entity incorporated, formed or otherwise organized outside Canada that does not carry on business in Canada or whose only activity carried on in Canada consists of doing anything to influence electors to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at an election;

(c) a trade union that does not hold bargaining rights for employees in Canada;

(d) a foreign political party; or

(e) a foreign government or an agent or mandatary of one. (entité étrangère)

(2) For the purposes of the definition advertising, promoting or opposing includes

(a) in relation to a registered party or eligible party,

(i) naming it,

(ii) identifying it, including by its logo, and

(iii) providing a link to an Internet page that does anything referred to in subparagraphs (i) and (ii); and

(b) in relation to the election of a potential candidate, nomination contestant, candidate or leader of a registered party or eligible party,

(i) naming him or her,

(ii) showing a photograph, cartoon or drawing of him or her,

(iii) identifying him or her, including by political affiliation or by any logo that he or she has, and

(iv) providing a link to an Internet page that does anything referred to in subparagraphs (i) to (iii).

349.02 No third party shall use funds for a partisan activity, for advertising or for an election survey if the source of the funds is a foreign entity.

349.03 No third party shall

(a) circumvent, or attempt to circumvent, the prohibition under section 349.02; or

(b) act in collusion with another person or entity for that purpose.”

That Bill C-76, in Clause 223, be amended by deleting lines 7 to 25 on page 124.

That Bill C-76, in Clause 232, be amended by replacing line 30 on page 131 to line 9 on page 132 with the following:

“232 Section 358 of the Act is repealed.”

That Bill C-76, in Clause 262, be amended by replacing line 19 on page 154 with the following:

“(3) No third party, within the meaning of paragraph (a.1)”

That Bill C-76, in Clause 336, be amended by adding after line 3 on page 192 the following:

“Offences under Division 0.1 of Part 17 (Prohibition on Use of Foreign Funds by Third Parties)

495.21 (1) Every third party is guilty of an offence who contravenes

(a) section 349.02 (use of foreign contributions); or

(b) paragraph 349.03(a) (circumventing prohibition) or 349.03(b) (colluding to circumvent prohibition).

(2) Every third party who knowingly contravenes any provision referred to in subsection (1) is guilty of an offence.”

That Bill C-76, in Clause 336, be amended by deleting line 25 on page 192.

That Bill C-76, in Clause 337, be amended by replacing lines 30 and 31 on page 193 with the following:

(e) section 357.1 (use of anonymous contributions).

That Bill C-76, in Clause 346, be amended by

(a) replacing line 29 on page 200 with the following:

“495.1(1), 495.2(1), 495.21(1), 495.3(1), 496(1), 496.1(1), 497(1),”

(b) replacing line 15 on page 201 with the following:

“495(5), 495.1(2), 495.2(2), 495.21(2), 495.3(2), 496(2), 496.1(2),”

At 5:06 p.m., the sitting was suspended.

At 5:21 p.m., the sitting resumed.

The Committee reverted to Clause 191 previously stood.

On Clause 191,

John Nater moved, — That Bill C-76, in Clause 191, be amended by replacing line 16 on page 100 with the following:

“283 (1) Immediately after the close of a polling station, in respect of each ballot box established at the polling station,”

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

John Nater moved, — That Bill C-76, in Clause 191, be amended by replacing lines 21 to 23 on page 100 with the following:

“(b) at least two candidates or their representatives who are present, at least one elector if only one candidate or representative is present or at least two electors if no candidates or representatives are present.”

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 191, be amended

(a) by replacing line 18 on page 101 with the following:

“ly sheet, in respect of each polling division assigned to the polling station, beside the name of the candidate for whom”

(b) by replacing line 20 on page 101 with the following:

“tal number of votes cast for each candidate in each polling division.”

After debate, the question was put on the amendment of John Nater 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 194, be amended by replacing line 21 on page 102 with the following:

“that sets out, for each polling division assigned to the polling station, the number of votes in favour of each candi-”

That Bill C-76, in Clause 205, be amended

(a) by replacing line 12 on page 107 with the following:

“205 Paragraphs 314(1)(a) to (c) of the Act are replaced”

(b) by replacing lines 18 and 19 on page 107 with the following:

“(b) a summary, in the prescribed form, of the number of votes cast for each candidate within each polling division, at each advance polling station or at the returning officer’s office, as the case may be; and”

Clause 191 carried on division.

The Committee reverted to Clause 194 previously stood.

Clause 194 carried.

The Committee reverted to Clause 197 previously stood.

On Clause 197,

Stephanie Kusie moved, — That Bill C-76, in Clause 197, be amended by replacing line 15 on page 104 with the following:

“may begin counting the votes cast at an advance poll, if more than 500 votes were cast, one”

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 197, be amended by replacing lines 24 to 27 on page 104 with the following:

“(d) the counting is done in the presence of at least two candidates or their representatives who are present, at least one elector if only one candidate or representative is present or at least two electors if no candidates or representatives are present.”

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.

John Nater moved, — That Bill C-76, in Clause 197, be amended by adding after line 27 on page 104 the following:

“(5) No person shall communicate information obtained at the counting of the votes under subsection (4) before the close of voting hours on polling day.”

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

Clause 197 carried on division.

The Committee reverted to Clause 205 previously stood.

Clause 205 carried on division.

The Committee resumed consideration of Clause 222.

John Nater moved, — That Bill C-76, in Clause 222, be amended by replacing line 10 on page 112 with the following:

“period or an election period, or in preparation for either of those periods, and whose results the person”

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

YEAS: Stephanie Kusie, John Nater, Scott Reid — 3;

NAYS: Chris Bittle, David Christopherson, David de Burgh Graham, Linda Lapointe, Jennifer O'Connell, Ruby Sahota — 6.

John Nater moved, — That Bill C-76, in Clause 222, be amended by replacing lines 26 to 28 on page 112 with the following:

“organizing rallies, that is carried out by a third party and that promotes or”

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

YEAS: Stephanie Kusie, John Nater, Scott Reid — 3;

NAYS: Chris Bittle, David Christopherson, David de Burgh Graham, Linda Lapointe, Jennifer O'Connell, Ruby Sahota — 6.

Clause 222, as amended, carried on division.

On Clause 223,

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 223, be amended by replacing line 9 on page 113 with the following:

“more than $300,000:”

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

YEAS: Nathan Cullen, Stephanie Kusie, John Nater, Scott Reid — 4;

NAYS: Chris Bittle, David de Burgh Graham, Linda Lapointe, Jennifer O'Connell, Ruby Sahota — 5.

Stephanie Kusie moved, — That Bill C-76, in Clause 223, be amended

(a) by replacing line 17 on page 113 with the following:

“surveys that are conducted during, or in preparation for, that period.”

(b) by replacing line 10 on page 114 with the following:

“it conducts or causes to be conducted during, or in preparation for, a pre-elec-”

(c) by replacing line 17 on page 114 with the following:

“conducts or causes to be conducted during, or in preparation for, a pre-election”

(d) by replacing line 28 on page 114 with the following:

“causes to be conducted during, or in preparation for, a pre-election period.”

(e) by replacing line 38 on page 114 with the following:

“survey that is conducted during, or in preparation for, that period.”

(f) by replacing line 37 on page 115 with the following:

“surveys that are conducted during, or in preparation for, that period.”

(g) by replacing line 24 on page 118 with the following:

“surveys that are conducted during, or in preparation for, that period.”

(h) by replacing line 30 on page 119 with the following:

“survey expense incurred during, or, in the case of an election survey expense, in preparation for, a pre-election period on”

(i) by replacing line 28 on page 120 with the following:

“subsection 349.1(2) incurred during, or in preparation for, that period and”

(j) by replacing line 33 on page 120 with the following:

“ferred to in subsection 349.1(1) incurred during, or, in the case of election survey expenses, in preparation for, that”

(k) by replacing line 1 on page 124 with the following:

“(c) an election survey that is conducted during, or in preparation for, that”

Debate arose thereon.

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

After debate, the question was put on the subamendment of John Nater and it was agreed to.

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

Stephanie Kusie moved, — That Bill C-76, in Clause 223, be amended

(a) by replacing lines 7 to 11 on page 114 with the following:

“information – in order to influence

(a) the third party in its partisan activities that it carries out during a pre-election period, its partisan advertising or its election surveys that it conducts or causes to be conducted during a pre-election period; or

(b) the registered party in its partisan advertising, its election surveys that it conducts or causes to be conducted during a pre-election period or its activities that promote or oppose a registered party or eligible party or the election of a potential candidate, nomination contestant or leader of a registered party or eligible party.”

(b) by replacing lines 14 to 18 on page 114 with the following:

“mation – in order to influence

(a) the third party in its partisan activities that it carries out during a pre-election period, its partisan advertising or its election surveys that it conducts or causes to be conducted during a pre-election period; or

(b) the potential candidate in his or her partisan advertising, election surveys that he or she conducts or causes to be conducted during a pre-election period, or the potential candidate’s activities that promote or oppose a registered party or eligible party or the election of a potential candidate, nomination contestant or leader of a registered party or eligible party.”

(c) by replacing lines 25 to 28 on page 114 with the following:

“order to influence

(a) the third party in its partisan activities that it carries out during a pre-election period, its partisan advertising or its election surveys that it conducts or causes to be conducted during a pre-election period; or

(b) the other person in respect of the potential candidate’s partisan advertising, the potential candidate’s election surveys that he or she conducts or causes to be conducted during a pre-election period, or the potential candidate’s activities that promote or oppose a registered party or eligible party or the election of a potential candidate, nomination contestant or leader of a registered party or eligible party.

(4) No third party shall act in collusion with any other third party – including by sharing information – in order to influence either third party in its partisan activities that it carries out during a pre-election period, its partisan advertising or its election surveys that it conducts or causes to be conducted during a pre-election period.”

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, Scott Reid — 4;

NAYS: Chris Bittle, David de Burgh Graham, Linda Lapointe, Jennifer O'Connell, Ruby Sahota — 5.

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 223, be amended

(a) by replacing lines 32 and 33 on page 114 with the following:

“activity;”

(b) by replacing lines 35 and 36 on page 114 with the following:

“tisan advertising message; or”

(c) by replacing line 38 on page 114 with the following:

“survey.”

(d) by replacing lines 35 and 36 on page 123 with the following:

“(a) a partisan activity;”

(e) by replacing lines 37 and 38 on page 123 with the following:

“(b) a partisan advertising message; and”

(f) by replacing lines 1 to 6 on page 124 with the following:

“(c) an election survey.”

(g) by replacing lines 16 to 18 on page 124 with the following:

“ried on in Canada consists of doing anything to influence electors to vote or refrain from voting, or to vote or”

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

YEAS: Nathan Cullen, Stephanie Kusie, John Nater, Scott Reid — 4;

NAYS: Chris Bittle, David de Burgh Graham, Linda Lapointe, Jennifer O'Connell, Ruby Sahota — 5.

John Nater moved, — That Bill C-76, in Clause 223, be amended by replacing line 16 on page 115 with the following:

“nized outside Canada, or it was incorporated, formed or otherwise organized in Canada but no person who is responsible for it is a person described in any of subparagraphs (c)(i) to (iii); and”

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

YEAS: Stephanie Kusie, John Nater, Scott Reid — 3;

NAYS: Chris Bittle, Nathan Cullen, David de Burgh Graham, Linda Lapointe, Jennifer O'Connell, Ruby Sahota — 6.

Stephanie Kusie moved, — That Bill C-76, in Clause 223, be amended by adding after line 23 on page 115 the following:

“(3) For the purposes of subsection (1), a pre-election period means, despite the definition of that term in subsection 2(1), any period of time that is not within an election period.”

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, Scott Reid — 4;

NAYS: Chris Bittle, David de Burgh Graham, Linda Lapointe, Jennifer O'Connell, Ruby Sahota — 5.

Stephanie Kusie moved, — That Bill C-76, in Clause 223, be amended by replacing lines 24 and 25 on page 115 with the following:

“349.5 A third party shall identify itself by name in any partisan advertising message placed by it, giving its telephone number and either its civic address or Internet address, and shall mention in or on”

Debate arose thereon.

Chris Bittle moved, — That the amendment be amended by substituting the following for the substituted text contained in that Motion:

“349.5 A third party shall include — in a manner that is clearly visible or otherwise accessible — in any partisan advertising message placed by it its name, its telephone number, either its civic or its Internet address and an indication in or on”

After debate, the question was put on the subamendment of Chris Bittle 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 agreed to, by a show of hands: YEAS: 9; NAYS: 0.

Nathan Cullen moved, — That Bill C-76, in Clause 223, be amended by adding after line 26 on page 115 the following:

“(2) A third party shall provide a copy of any partisan advertising message placed by it to the Chief Electoral Officer within 10 days of its first transmission.

(3) The Chief Electoral Officer shall maintain a repository of all messages received under subsection (2).”

After debate, the question was put on the amendment of Nathan Cullen and it was negatived, by a show of hands: YEAS: 1; NAYS: 6.

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 223, be amended by replacing line 29 on page 115 with the following:

“amount of $2,500 or, in respect of a single electoral district, $500:”

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

Stephanie Kusie moved, — That Bill C-76, in Clause 223, be amended by replacing line 39 on page 115 with the following:

“ginning of the pre-election period unless it committed to incurring expenses during that period of a total amount of more than $500.”

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 223, be amended

(a) by replacing line 29 on page 120 with the following:

“the date of the election surveys, and the geographical areas from which the sample of respondents was drawn, to which the expenses”

(b) by replacing line 39 on page 120 with the following:

“expenses relate and the date of the election surveys, and the geographical areas from which the sample of respondents was drawn, 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.

Stephanie Kusie moved, — That Bill C-76, in Clause 223, be amended

(a) by adding after line 17 on page 121 the following:

“(c.1) a statement of the terms and conditions of each loan made to the third party under section 359.07, including the amount of the loan, the interest rate, the lender’s name and address, the dates and amounts of repayments of principal and payments of interest and, if there is a guarantor, the guarantor’s name and address and the amount guaranteed;

(c.2) a statement of contributions received by the third party but returned in whole or in part to the contributors or otherwise dealt with in accordance with this Act; and”

(b) by deleting lines 37 and 38 on page 121.

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.

John Nater moved, — That Bill C-76, in Clause 223, be amended by replacing line 17 on page 123 with the following:

“tion in respect of which the writs are issued after the June 30 that is immediately before the day set in accordance with subsec-”

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

John Nater moved, — That Bill C-76, in Clause 223, be amended by adding after line 25 on page 124 the following:

“349.96 (1) No person or entity shall act in collusion with a third party for the purpose of circumventing the prohibition under section 349.95.

(2) No person or entity shall

(a) conceal, or attempt to conceal, the identity of the source of a contribution; or

(b) act in collusion with another person or entity for that purpose.

(3) No person who is permitted to use a contribution made to a third party for partisan activity, partisan advertising or election survey purposes shall use a contribution made, directly or indirectly, by a foreign entity.

(4) No person or entity shall enter into an agreement for the making of a contribution, for any purpose, or for the provision for payment of goods or services, directly or indirectly, to a third party that includes a term that any foreign entity will make a contribution, directly or indirectly, to a third party.”

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

YEAS: Nathan Cullen, Stephanie Kusie, John Nater, Scott Reid — 4;

NAYS: Chris Bittle, David de Burgh Graham, Linda Lapointe, Jennifer O'Connell, Ruby Sahota — 5.

Clause 223, as amended, carried on division.

At 7:17 p.m., the Committee adjourned to the call of the Chair.



Andrew Lauzon
Clerk of the Committee