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Minutes of Proceedings

42nd Parliament, 1st Session
Meeting 126
Wednesday, October 17, 2018, 3:31 p.m. to 7:06 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
• Robert Sampson, Legal Counsel, Legal Services
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 224 of the Bill.

The witnesses answered questions.

On Clause 224,

John Nater moved, — That Bill C-76, in Clause 224, be amended

(a) by replacing line 5 on page 125 with the following:

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

(b) by replacing line 25 on page 125 with the following:

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

(c) by replacing line 33 on page 125 with the following:

“survey – other than a survey conducted in preparation for that election – as the case may be, that the expense is in relation”

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.

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

That Bill C-76, in Clause 225, be amended

(a) by replacing line 21 on page 126 with the following:

“it conducts or causes to be conducted during, or in preparation for, an election”

(b) by replacing line 28 on page 126 with the following:

“causes to be conducted during, or in preparation for, an election period.”

(c) by replacing line 35 on page 126 with the following:

“veys that it conducts or causes to be conducted during, or in preparation for, an”

(d) by replacing line 9 on page 127 with the following:

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

That Bill C-76, in Clause 226, be amended by replacing line 16 on page 128 with the following:

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

That Bill C-76, in Clause 228, be amended by replacing line 21 on page 130 with the following:

“(c) election survey expenses in relation to that period, including in preparation for it.”

That Bill C-76, in Clause 230, be amended by replacing line 2 on page 131 with the following:

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

That Bill C-76, in Clause 231, be amended by replacing line 24 on page 131 with the following:

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

Stephanie Kusie moved, — That Bill C-76, in Clause 224, be amended by deleting line 5 on page 126.

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 224 carried.

On Clause 225,

Stephanie Kusie moved, — That Bill C-76, in Clause 225, be amended

(a) by replacing lines 18 to 22 on page 126 with the following:

“information – in order to influence

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

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

(b) by replacing lines 25 to 28 on page 126 with the following:

“order to influence

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

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

(c) by replacing lines 32 to 36 on page 126 with the following:

“by sharing information – in order to influence

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

(b) the associated person in respect of the candidate’s election advertising, the candidate’s election surveys that he or she conducts or causes to be conducted during an election period, or the candidate’s activities that promote or oppose a registered party or eligible party or the election of a candidate 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 an election period, its election advertising or its election surveys that it conducts or causes to be conducted during an election period.”

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 225, be amended by replacing lines 20 and 21 on page 127 with the following:

“primary purpose in Canada during an election period is to influence”

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

Stephanie Kusie moved, — That Bill C-76, in Clause 225, be amended by replacing line 27 on page 127 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 Stephanie Kusie and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

Stephanie Kusie moved, — That Bill C-76, in Clause 225, be amended by replacing lines 1 and 2 on page 128 with the following:

“352 A third party shall identify itself by name in any election 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.

David de Burgh Graham moved, — That the amendment be amended by substituting the following for the substituted text contained in that motion:

“352 A third party shall include — in a manner that is clearly visible or otherwise accessible — in any election 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 David de Burgh Graham 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.

Clause 225, as amended, carried.

On Clause 226,

Stephanie Kusie moved, — That Bill C-76, in Clause 226, be amended by replacing line 18 on page 128 with the following:

“sue of the writ, unless the writ is for a general election that is held on a day set in accordance with subsection 56.1(2) or section 56.2 and the third party has committed to incurring expenses of an aggregate amount of more than $500 during the election period for 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.

Clause 226 carried on division.

Clause 227 carried.

Clause 228 carried on division.

Clause 229 carried on division.

Clause 230 carried on division.

On Clause 231,

David de Burgh Graham moved, — That Bill C-76, in Clause 231, be amended by adding after line 14 on page 131 the following:

“357.01 (1) Every third party that is required to be registered in accordance with subsection 353(1) shall file an interim third-party expenses return in the prescribed form with the Chief Electoral Officer on the 21st day before polling day, if the third party

(a) was required to file an interim third-party expenses return with the Chief Electoral Officer under subsection 349.92(1);

(b) has incurred expenses referred to in subsection 349.1(1) or 350(1) in an aggregate amount of $10,000 or more during the period beginning on the day after polling day at the previous general election and ending on the 23rd day before polling day; or

(c) has received contributions in an aggregate amount of $10,000 or more for partisan activity, partisan advertising, election advertising or election survey purposes during the period referred to in paragraph (b).

(2) The interim third-party expenses return shall contain

(a) in the case of a general election that is held on a day set in accordance with subsection 56.1(2) or section 56.2,

(i) a list of partisan activity expenses referred to in subsection 349.1(2) and the date and place of the partisan activities to which the expenses relate,

(ii) a list of partisan advertising expenses referred to in subsection 349.1(2) and the date and place of the transmission of the partisan advertising messages to which the expenses relate,

(iii) a list of election survey expenses referred to in subsection 349.1(2) and the date of the election surveys to which the expenses relate, and

(iv) a list of all partisan activity expenses, partisan advertising expenses and election survey expenses referred to in subsection 349.1(1) — other than those referred to in subparagraphs (i) to (iii) — and the date and place of the partisan activities to which the partisan activity expenses relate, the date and place of the transmission of the partisan advertising messages to which the partisan advertising expenses relate and the date of the election surveys to which the election survey expenses relate; and

(b) in the case of any general election,

(i) a list of partisan activity expenses referred to in subsection 350(2) and the date and place of the partisan activities to which the expenses relate,

(ii) a list of election advertising expenses referred to in subsection 350(2) and the date and place of the transmission of the election advertising messages to which the expenses relate,

(iii) a list of election survey expenses referred to in subsection 350(2) and the date of the election surveys to which the expenses relate, and

(iv) a list of all partisan activity expenses, election advertising expenses and election survey expenses referred to in subsection 350(1) other than those referred to in subparagraphs (i) to (iii) and the date and place of the partisan activities to which the partisan activity expenses relate, the date and place of the transmission of the election advertising messages to which the election advertising expenses relate and the date of the election surveys to which the election survey expenses relate.

(3) If a third party has not incurred expenses referred to in subsection (2), that fact shall be indicated in its interim third-party expenses return.

(4) The interim third-party expenses return shall include

(a) the amount, by class of contributor, of contributions for partisan activity, partisan advertising, election advertising or election survey purposes that were received during the period referred to in paragraph (1)(b);

(b) subject to paragraph (c), for each contributor who made contributions of a total amount of more than $200 for partisan activity, partisan advertising, election advertising or election survey purposes during the period referred to in paragraph (1)(b), their name, address and class, and the amount and date of each contribution;

(c) in the case of a numbered company that is a contributor referred to in paragraph (b), the name of the chief executive officer or president of that company; and

(d) the amount, other than an amount of a contribution referred to in paragraph (a), that was paid out of the third party’s own funds during the period referred to in paragraph (1)(b) for partisan activity expenses, partisan advertising expenses, election advertising expenses or election survey expenses.

(5) The interim third-party expenses return need not include any information referred to in subsections (2) and (4) that was included in a third-party expenses return that the third party previously filed

(a) under subsection 359(1) in respect of

(i) a by-election that was held after the general election referred to in paragraph (1)(b), or

(ii) a general election for which the third party incurred expenses or received contributions between the day fixed under paragraph 57(1.2)(c) for polling day at the general election and polling day in an electoral district in which the election was postponed under subsection 59(4) or 77(1); or

(b) under subsection 349.91(1) or 349.92(1).

(6) For the purpose of subsection (4), a contribution includes a loan.

(7) For the purposes of paragraphs (4)(a) and (b), the following are the classes of contributor:

(a) individuals;

(b) businesses;

(c) commercial organizations;

(d) governments;

(e) trade unions;

(f) corporations without share capital other than trade unions; and

(g) unincorporated organizations or associations other than trade unions.

(8) If the third party is unable to identify which contributions were received during the period referred to in paragraph (1)(b) for partisan activity, partisan advertising, election advertising or election survey purposes, the interim third-party expenses return shall include, subject to paragraph (4)(c), the names and addresses of every contributor who contributed a total of more than $200 to it during that period.

(9) The interim third-party expenses return shall include a declaration that the return is accurate signed by

(a) the third party’s financial agent; and

(b) if different from the financial agent, the person who signed the application made under subsection 349.6(2) or 353(2), as the case may be.

(10) A third party shall, at the request of the Chief Electoral Officer, provide documents evidencing expenses set out in the return that are in an amount of more than $50, including bank statements, deposit slips and cancelled cheques.

357.02 (1) Every third party that is required to be registered in accordance with subsection 353(1) shall file an interim third-party expenses return in the prescribed form with the Chief Electoral Officer on the 7th day before polling day, if the third party

(a) was required to file an interim third-party expenses return with the Chief Electoral Officer under subsection 349.92(1);

(b) has incurred expenses referred to in subsection 349.1(1) or 350(1) in an aggregate amount of $10,000 or more during the period beginning on the day after polling day at the previous general election and ending on the 9th day before polling day; or

(c) has received contributions in an aggregate amount of $10,000 or more for partisan activity, partisan advertising, election advertising or election survey purposes during the period referred to in paragraph (b).

(2) Subsections 357.01(2) to (10) apply to the return under subsection (1), except that a reference to the period referred to in paragraph (1)(b) of section 357.01 shall be read as a reference to the period referred to in paragraph (1)(b) of this section.

(3) In addition to the exceptions set out in subsection 357.01(5), the interim third-party expenses return need not include any information referred to in subsections 357.01(2) and (4) that was included in an interim third-party expenses return that the third party previously filed under subsection 357.01(1).

357.03 No third party shall file under subsection 357.01(1) or 357.02(1) an interim third-party expenses return that

(a) the third party knows or ought reasonably to know contains a material statement that is false or misleading; or

(b) does not substantially set out the information required under section 357.01 or 357.02, as the case may be.”

After debate, the question was put on the amendment of David de Burgh Graham and it was agreed to.

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, in Clause 238, be amended by replacing line 39 on page 139 with the following:

“subsection 349.91(1), 349.92(1), 357.01(1) or 357.02(1);”

That Bill C-76, in Clause 337, be amended by

(a) deleting, in the English version, line 27 on page 193;

(b) adding after line 29 on page 193 the following:

“(d.1) subsection 357.01(1) or 357.02(1) (failure to file interim third-party expenses return) or 357.01(10) (failure to provide documents evidencing expenses on request);

(d.2) paragraph 357.03(b) (filing interim third-party expenses return that is substantially incomplete); or”

That Bill C-76, in Clause 337, be amended by adding after line 19 on page 194 the following:

“(h) being a third party, knowingly contravenes subsection 357.01(1) or 357.02(1) (failure to file interim third-party expenses return); or

(i) being a third party, contravenes paragraph 357.03(a) or knowingly contravenes paragraph 357.03(b) (filing interim third-party expenses return that contains false or misleading information or one that is incomplete).”

Clause 231, as amended, carried on division.

Clause 232, as amended, carried.

On Clause 233,

Stephanie Kusie moved, — That Bill C-76, in Clause 233, be amended by adding after line 11 on page 132 the following:

“358.01 No person or entity shall act in collusion with a third party for the purpose of circumventing the prohibition under section 358.

358.02 (1) 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.

(2) 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.

(3) 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 Stephanie Kusie and it was negatived on the following recorded division:

YEAS: Alexandre Boulerice, Stephanie Kusie, John Nater, Scott Reid — 4;

NAYS: Peter Fragiskatos, David de Burgh Graham, James Maloney, Ruby Sahota, Brenda Shanahan — 5.

Stephanie Kusie moved, — That Bill C-76, in Clause 233, be amended

(a) by replacing line 19 on page 132 with the following:

“349.6(1) — shall open and maintain a separate bank account for the sole”

(b) by replacing line 34 on page 132 with the following:

“(4) On the earlier of the day of the bankruptcy, insolvency or winding up of a third party and the day that is five years after the day on which the last partisan activity expense, partisan advertising expense or election survey expense is incurred by the third party, the third party shall close the ac-”

(c) by adding after line 36 on page 132 the following:

“(4.1) The third party shall, on filing a third-party expenses return under section 359, provide the Chief Electoral Officer with the most recent statement of the account.”

(d) by adding after line 3 on page 133 the following:

“358.11 (1) All funds contributed to a third party, whenever received, for the purpose of partisan activities, partisan advertising or election surveys shall be deposited directly into the bank account referred to in section 358.1.

(2) No individual or entity shall make a contribution to a third party that comes from money, property or the services of any person or entity that were provided to that individual or entity for that purpose.

(3) No person or entity shall

(a) circumvent, or attempt to circumvent, the contribution rules set out in subsections (1) and (2); or

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

(4) No person or entity shall

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

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

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

(6) No person or entity shall, in respect of each contribution to a third party, contribute cash in an amount that exceeds $20.

(7) If a third party receives or deposits a contribution made in contravention of this section, the financial agent of the third party shall, within 30 days after becoming aware of the contravention, return the contribution unused to the contributor or, if that is not possible, pay the amount of it to the Chief Electoral Officer, who shall forward that amount to the Receiver General.”

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, Scott Reid — 3;

NAYS: Alexandre Boulerice, Peter Fragiskatos, David de Burgh Graham, James Maloney, Ruby Sahota, Brenda Shanahan — 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 234, be amended by deleting line 37 on page 135 to line 2 on page 136.

Clause 233 carried on division.

On Clause 234,

Stephanie Kusie moved, — That Bill C-76, in Clause 234, be amended by replacing line 17 on page 133 with the following:

“(a) in the case of a general election in respect of which the writs are issued after the June 30 that is immediately before 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.

Stephanie Kusie moved, — That Bill C-76, in Clause 234, be amended

(a) by replacing line 29 on page 133 with the following:

“veys, and the geographical areas from which the sample of respondents was drawn, to which the expenses relate, and”

(b) by replacing line 38 on page 133 with the following:

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

(c) by replacing line 10 on page 134 with the following:

“veys, and the geographical areas from which the sample of respondents was drawn, to which the expenses relate, and”

(d) by replacing line 19 on page 134 with the following:

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

(e) by replacing line 28 on page 134 with the following:

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

Stephanie Kusie moved, — That Bill C-76, in Clause 234, be amended by adding after line 20 on page 134 the following:

“(v) a list of all contributions received since the preceding general election by the third party from foreign individuals or entities and the date and purpose of the contribution; and”

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 234, be amended by adding after line 20 on page 134 the following:

“(v) a list of all expenses — other than those referred to in subparagraphs (i) to (iv) — incurred during the period beginning the day after polling day at the general election previous to the polling day referred to in subsection (1) and ending on the polling day referred to in that subsection that would have been partisan activity expenses, partisan advertising expenses or election survey expenses had they been incurred during a pre-election period or an election period, the date and place of the partisan activities to which the expenses relate, the date and place of the transmission of the election advertising messages to which the expenses relate and the date of the election surveys to which the expenses relate; 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.

Clause 234 carried on division.

Clause 235 carried.

Clause 236 carried.

Clause 237 carried.

Clause 238, as amended, carried on division.

On Clause 239,

Ruby Sahota moved, — That Bill C-76, in Clause 239, be amended by replacing line 18 on page 140 to line 1 on page 141 with the following:

“(2) Section 364 of the Act is amended by adding the following after subsection (8):

(9) No person or entity other than an individual who is”

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 amendment was consequential to the previous amendment and therefore it was also adopted:

That Bill C-76, in Clause 339, be amended by replacing line 18 on page 195 with the following:

“364(9) (paying convention fees while ineligible);”

Clause 239, as amended, carried.

By unanimous consent, Clauses 240 to 245 inclusive carried severally.

By unanimous consent, Clause 246 carried on division.

By unanimous consent, Clauses 247 to 249 inclusive carried severally.

On Clause 250,

Stephanie Kusie moved, — That Bill C-76, in Clause 250, be amended by adding after line 23 on page 147 the following:

“(2) No categories or amounts established under subsection (1) take effect until six months after the day on which they are established. If that day is within an election period, the categories or amounts do not apply in respect of that election.

(3) The Chief Electoral Officer shall make a report to the Speaker of the House of Commons in respect of any categories and amounts established under subsection (1).

(4) The Speaker shall submit to the House of Commons, without delay, any report received by him or her under this section.”

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 250, be amended by adding after line 23 on page 147 the following:

“(2) The categories and maximum amounts, established under subsection 378(2), as it read before the coming into force of this section, shall continue in effect until the Chief Electoral Officer establishes categories and maximum amounts under subsection (1).”

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 250 carried on division.

Clause 251 carried.

Clause 252 carried.

On new Clause 252.1,

Stephanie Kusie moved, — That Bill C-76 be amended by adding after line 6 on page 150 the following new clause:

“252.1 The Act is amended by adding the following after section 382:

382.1 The disclosure of any information contained in a return, report, declaration or other document required to be provided under this Part that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege does not constitute a waiver of those privileges or that secrecy.”

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 be amended by adding after line 6 on page 150 the following new clause:

“252.1 The Act is amended by adding the following after section 382:

382.1 A requirement under this Part to provide a return, report, declaration or other document shall not require the person to disclose information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege.”

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 253,

Stephanie Kusie moved, — That Bill C-76, in Clause 253, be amended by replacing line 7 on page 150 with the following:

“253 Section 383 of the Act is replaced by the following:

383 The Chief Electoral Officer shall, as soon as feasible after receiving the documents referred to in subsection 477.59(1) for an electoral district, publish them on his or her Internet site.”

John Nater moved, — That the amendment be amended by replacing the words “subsection 477.59(1)” with the words “subsections 477.59(3) and (4)”.

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.

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 253 carried on division.

On Clause 254,

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 254, be amended by adding after line 35 on page 150 the following:

“(vii) a statement that the party’s policy for the protection of personal information respects the principles set out in the national standard entitled Model Code for the Protection of Personal Information, CAN/CSA-Q830-96, as set out in Schedule 1 to the Personal Information Protection and Electronic Documents Act,

(viii) a statement acknowledging the party’s ability to decline to respond to a request for personal information

(A) that is determined to be trivial, frivolous or vexatious or made in bad faith,

(B) to which the party has provided a fair and reasonable response, or

(C) in respect of information that is otherwise reasonably available, and

(ix) a statement that the party shall ensure that an independent audit is conducted of the party’s policy for the protection of personal information and that the results of the audit are published on the party’s Internet site where its policy is published under subsection (4); and”

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

YEAS: Nathan Cullen — 1;

NAYS: Sean Casey, Peter Fragiskatos, David de Burgh Graham, Stephanie Kusie, James Maloney, John Nater, Scott Reid, Brenda Shanahan — 8.

Clause 254 carried on division.

At 5:24 p.m., the sitting was suspended.

At 5:41 p.m., the sitting resumed.

On Clause 255,

Nathan Cullen moved, — That Bill C-76, in Clause 255, be amended by adding after line 17 on page 152 the following:

“385.2 (1) The Chief Electoral Officer may develop directives, in consultation with the Privacy Commissioner, in respect of the protection of personal information by registered parties.

(2) Subsections 16.1(2) to (7) apply in respect of directives under this section, except that references to “guidelines” in those subsections are to be read as references to “directives”.

(3) The Chief Electoral Officer may deregister a registered party if that party's policy for the protection of personal information does not comply with a directive made under this section.”

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

YEAS: Nathan Cullen — 1;

NAYS: Chris Bittle, Peter Fragiskatos, Garnett Genuis, David de Burgh Graham, Lloyd Longfield, John Nater, Scott Reid, Brenda Shanahan — 8.

Clause 255 carried on division.

On Clause 256,

John Nater moved, — That Bill C-76, in Clause 256, be amended by replacing lines 20 and 21 on page 152 with the following:

“(6) Despite subsection (5), for the purposes of sections 363 and 367, an eligible party that”

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 256 carried on division.

By unanimous consent, Clauses 257 to 261 inclusive carried on division severally.

On Clause 262,

Pursuant to the motion adopted on Thursday, October 4, 2018, the following amendment was adopted:

That Bill C-76, in Clause 262, be amended by replacing line 32 on page 153 with the following:

“election period is $1,400,000.”

John Nater moved, — That Bill C-76, in Clause 262, be amended by adding after line 18 on page 154 the following:

“(2.1) Despite subsection (2), a registered party may make available to its electoral district associations and potential candidates resources and materials for advertising by those associations and candidates.”

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 262, as amended, carried on division.

On Clause 263,

John Nater moved, — That Bill C-76, in Clause 263, be amended by replacing lines 28 to 30 on page 154 with the following:

“263 Section 430 of the Act is amended by adding the following after subsection (2):

(2.1) If the Governor in Council orders the postponement”

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 263 carried on division.

Clause 264 carried.

Clause 265 carried.

On Clause 266,

John Nater moved, — That Bill C-76, in Clause 266, be amended by replacing line 8 on page 156 with the following:

“with the quarter in which polling day at the next general election is”

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

Clause 266, as amended, carried.

Clause 267 carried.

On Clause 268,

John Nater moved, — That Bill C-76, in Clause 268, be amended by adding after line 33 on page 156 the following:

“(2.1) Subsection 437(2) of the Act is amended by adding the following after paragraph (b): ”

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

John Nater moved, — That Bill C-76, in Clause 268, be amended by deleting lines 34 to 38 on page 156.

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.

Chris Bittle moved, — That Bill C-76, in Clause 268, be amended by deleting line 39 on page 156 to line 5 on page 157.

After debate, the question was put on the amendment of Chris Bittle and it was agreed to on the following recorded division:

YEAS: Chris Bittle, Peter Fragiskatos, David de Burgh Graham, Lloyd Longfield, Brenda Shanahan — 5;

NAYS: Nathan Cullen, Garnett Genuis, John Nater, Scott Reid — 4.

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

That Bill C-76, in Clause 340, be amended

(a) by deleting lines 6 to 10 on page 196.

(b) by deleting lines 31 to 35 on page 196.

That Bill C-76 be amended by adding after line 19 on page 200 the following:

“344.1 Section 498 of the Act is replaced by the following:

498 (1) Every chief agent of a registered party is guilty of an offence who fails to comply with a requirement of the Commissioner under section 510.001.

(2) Every person is guilty of an offence who

(a) knowingly contravenes subsection 479(4) (refusal to obey order to leave office or place); or

(b) being the chief agent of a registered party, knowingly fails to comply with a requirement of the Commissioner under section 510.001.”

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

(a) replacing line 30 on page 200 with the following:

“497.1(1), 497.2(1), 497.3(1), 497.4(1), 497.5(1), 498(1) and 499(1)”

(b) replacing lines 16 and 17 on page 201 with the following:

“497(2), 497.1(3), 497.2(3), 497.3(2), 497.4(2), 497.5(2), 498(2) and 499(2) is liable”

That Bill C-76, in Clause 357, be amended by adding after line 25 on page 208 the following:

“510.001 In the course of conducting an investigation under section 510 in response to a complaint, the Commissioner may require the chief agent of a registered party to provide by a specified date documents evidencing any expense set out in the party’s election expenses return, including bank statements, deposit slips and cancelled cheques.”

Clause 268, as amended, carried.

Clause 269 carried.

On Clause 270,

Nathan Cullen moved, — That Bill C-76, in Clause 270, be amended by adding after line 22 on page 157 the following:

“(2) Section 444 of the Act is amended by adding the following after subsection (2):

(2.1) If the difference between the percentage of male and female candidates on the list of candidates of a registered party for a general election exceeds 10%, the amount that is provided for in subsection (1), after having been reduced under subsection (2) if applicable, is reduced by the percentage that is determined by subtracting 10 from the difference between the percentage of male and female candidates and dividing that resulting percentage by four.

(2.2) For the purposes of subsection (2.1) a chief agent shall provide the Chief Electoral Officer, on the polling day for the general election, with a statement of the total number of male and female candidates on the party’s list of candidates for that election.”

The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 770 of House of Commons Procedure and Practice, Third Edition.

Whereupon, Nathan Cullen appealed the decision of the Chair.

The question: "Shall the decision of the Chair be sustained?" was put and the decision was sustained on the following recorded division:

YEAS: Chris Bittle, Peter Fragiskatos, David de Burgh Graham, Lloyd Longfield, Brenda Shanahan — 5;

NAYS: Nathan Cullen, Garnett Genuis, John Nater, Scott Reid — 4.

Clause 270 carried on division.

On new Clause 270.1,

Nathan Cullen moved, — That Bill C-76 be amended by adding after line 22 on page 157 the following new clause:

“270.1 Subsection 445(2) of the Act is replaced by the following:

(2) An allowance fund for a quarter is the product of

(a) $2.10 multiplied by the number of valid votes cast in the election referred to in subsection (1); and

(b) the inflation adjustment factor determined under section 384 that is in effect for that quarter.”

The Chair ruled the proposed amendment inadmissible because it infringed on the financial initiative of the Crown, as provided on page 772 of House of Commons Procedure and Practice, Third Edition.

On Clause 271,

John Nater moved, — That Bill C-76, in Clause 271, be amended by replacing lines 23 and 24 on page 157 with the following:

“271 The Act is amended by adding the following after section 449:”

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.

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

That Bill C-76 be amended by adding after line 7 on page 158 the following new clause:

“271.1 Section 450 of the Act is replaced by the following:”

John Nater moved, — That Bill C-76, in Clause 271, be amended by deleting line 25 on page 157 to line 7 on page 158.

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.

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 341, be amended

(a) by deleting lines 1 to 5 on page 197.

(b) by deleting lines 11 to 15 on page 197.

John Nater moved, — That Bill C-76, in Clause 271, be amended by adding after line 7 on page 158 the following:

“(3) For the purposes of this section, a partisan advertising message of an electoral district association of a registered party is not a message promoting or opposing a registered party or an eligible party on the sole ground that the message, in relation to the registered party or eligible party,

(a) names it;

(b) identifies it, including by its logo; or

(c) provides a link to an Internet page that does anything referred to in paragraph (a) or (b).

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.

Ruby Sahota moved, — That Bill C-76, in Clause 271, be amended by adding after line 7 on page 158 the following:

“(3) Despite subsection (1), an electoral district association of a registered party may

(a) incur partisan advertising expenses for the transmission of partisan advertising messages referred to in paragraph (1)(a) to the extent that those messages are intended to be transmitted solely, or substantially solely, within the association’s electoral district; and

(b) transmit or cause to be transmitted partisan advertising messages referred to in paragraph (1)(b) to the extent that those messages are transmitted solely, or substantially solely, within the association’s electoral district.

449.2 A registered association that causes partisan advertising to be conducted shall mention in or on the partisan advertising message that its transmission was authorized by one of the association’s electoral district agents.”

After debate, the question was put on the amendment of Ruby Sahota and it was agreed to, by a show of hands: YEAS: 8; NAYS: 1.

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 341, be amended by adding after line 5 on page 197 the following:

“(a.2) being a registered association, contravenes section 449.2 (failure to indicate authority for partisan advertising);”

Clause 271, as amended, carried.

Clause 272 carried on division.

By unanimous consent, Clauses 273 to 277 inclusive carried severally.

On new Clause 277.1,

Nathan Cullen moved, — That Bill C-76 be amended by adding after line 8 on page 160 the following new clause:

“277.1 Section 476.1 of the Act is amended by striking out “and” at the end of paragraph (c) and by adding the following after paragraph (d):

(e) the date of birth, sex and occupation of each nomination contestant;

(f) any information the nomination contestant consents to provide in relation to their

(i) sexual orientation, gender identity or gender expression,

(ii) Indigenous heritage, or

(iii) being a person with a disability or a member of a visible minority;

(g) the voting method used in the contest; and

(h) the vote totals for each nomination contestant.”

The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 770 of House of Commons Procedure and Practice, Third Edition.

By unanimous consent, Clauses 278 and 279 carried severally.

On Clause 280,

John Nater moved, — That Bill C-76, in Clause 280, be amended by adding after line 15 on page 161 the following:

“(2) Section 476.67 of the Act is renumbered as subsection 476.67(1) and is amended by adding the following:

(2) The Chief Electoral Officer shall cause to be published in the Canada Gazette and on his or her Internet site any limits for nomination contest expenses that he or she determines under paragraph (1)(b).”

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 280 carried.

Clauses 281 to 291 inclusive carried severally.

On Clause 292,

John Nater moved, — That Bill C-76, in Clause 292, be amended by replacing lines 3 to 5 on page 167 with the following:

“292 Section 477.49 of the Act is amended by adding the following after subsection (2):

(2.1) If the Governor in Council orders the postponement”

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 292 carried on division.

By unanimous consent, Clauses 293 to 296 inclusive carried severally.

On Clause 297,

John Nater moved, — That Bill C-76, in Clause 297, be amended by replacing line 42 on page 171 with the following:

“House of Commons, who shall inform the House before the adjournment of its next sitting.”

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

YEAS: Nathan Cullen, Garnett Genuis, John Nater, Scott Reid — 4;

NAYS: Chris Bittle, Peter Fragiskatos, Lloyd Longfield, Sherry Romanado, Brenda Shanahan — 5.

Clause 297 carried on division.

By unanimous consent, Clauses 298 and 299 carried severally.

On Clause 300,

John Nater moved, — That Bill C-76, in Clause 300, be amended by replacing line 5 on page 173 with the following:

“under subsection (2) and, if it applies, subsection (3).”

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

John Nater moved, — That Bill C-76, in Clause 300, be amended by replacing line 9 on page 173 with the following:

“lesser of 75% of the election expenses limit calculated under section 477.49 and the sum of the following, less the partial reimbursement”

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 300 carried.

By unanimous consent, Clauses 301 to 307 inclusive carried severally.

On Clause 308,

John Nater moved, — That Bill C-76, in Clause 308, be amended by replacing line 36 on page 176 with the following:

“308 (1) The portion of subsection 477.9(3) of the Act before paragraph (a) is replaced by the following:

(3) The candidate shall provide the Chief Electoral Officer with a statement in the prescribed form that discloses, in respect of all gifts or other advantages that the candidate accepted during the period referred to in subsection (1) whose benefit to the candidate exceeds $200 or, if accepted from the same person or entity in that period, exceeds a total of $200, other than gifts or other advantages given by relatives or made by way of an unconditional, non-discretionary testamentary disposition,

(2) Subsection 477.9(5) of the Act is replaced by”

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 308 carried on division.

By unanimous consent, Clauses 309 to 319 inclusive carried severally.

At 7:06 p.m., the Committee adjourned to the call of the Chair.



Andrew Lauzon
Clerk of the Committee