HAFF Committee Meeting
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MINUTES OF PROCEEDINGS
Meeting No. 18
Thursday, November 25, 1999
The Standing Committee on Procedure and House Affairs met at 3:40 p.m. this day, in Room 112-N, Centre Block, the Chair, Derek Lee, presiding.
Members of the Committee present: Eleni Bakopanos, Stéphane Bergeron, Marlene Catterall, Bob Kilger, Gar Knutson, Derek Lee, Carolyn Parrish, John Richardson and John Solomon.
Acting Members present: Steve Mahoney for Ray Bonin; Clifford Lincoln for Jerry Pickard; Eric Lowther for Grant McNally; Ted White for Chuck Strahl; Rob Anders for Randy White; Benoît Sauvageau for Madeleine Dalphond-Guiral.
In attendance: From the Library of Parliament: James Robertson, Research Officer.
Witnesses: From the Privy Council Office: Michael Peirce, Director of Legal Operations, Legislation and House Planning/Counsel; Isabelle Mondou, Counsel, Legislation and House Planning/Counsel. From the Office of the Chief Electoral Officer: Tom McMahon, Acting Director, Legal Services and Registrar of Political Parties; Diane Bruyère, Assistant Director of Operations.
Pursuant to its Order of Reference of Tuesday, October 19, 1999, the Committee resumed consideration of Bill C-2, An Act respecting the election of members to the House of Commons, repealing other Acts relating to elections and making consequential amendments to other Acts (See Minutes of Proceedings, Tuesday, October 26, 1999 , Meeting No. 3).
The Committee proceeded to Clause-by-Clause consideration of the Bill.
Pursuant to Standing Order 75(1), consideration of Clause 1 is postponed.
On Clause 12,
Stéphane Bergeron moved, -- That Bill C-2, in Clause 12, be amended by replacing lines 36 to 40 on page 9 with the following:
"by-election unless his or her principal place of residence on polling day is situated in the same electoral district that includes the polling division in which was situated the electors principal place of residence at the begin-"
After debate, by unanimous consent, Stéphane Bergeron was permitted to withdraw his motion.
Clause 12 carried on division.
Clause 16 stood.
On Clause 17,
Stéphane Bergeron moved, -- That Bill C-2, in Clause 17, be amended by replacing lines 16 to 22 on page 12 with the following:
"rupted on polling day by an emergency, the Chief Electoral Officer shall extend the voting hours at the polling station for a period of time equivalent to the period during which the polling station had to be closed because of the emergency, as long as it does not in any case"
After debate, the question being put on the amendment, it was stood.
Clause 17 stood.
On Clause 18,
Eric Lowther moved, -- That Bill C-2, in Clause 18, be amended by adding after line 33 on page 12 the following:
"(1.1) For greater certainty, where the Chief Electoral Officer wishes to implement the public education and information programs referred to in subsection (1) in an educational institution that falls under the jurisdiction of a province, the Chief Electoral Officer shall obtain the permission of the government of that province."
After debate, the question being put on the amendment, it was negatived on the following recorded division:
YEAS:
Rob Anders
Stéphane Bergeron
Eric Lowther
Benoît Sauvageau
Ted White: -- 5
NAYS:
Eleni Bakopanos
Marlene Catterall
Gar Knutson
Clifford Lincoln
Steve Mahoney
Carolyn Parrish
John Richardson
John Solomon: -- 8
Ted White moved, -- That Bill C-2 be amended by adding after line 44 on page 12 the following new clause:
"18.1 (1) The Chief Electoral Officer may
(a) carry out studies respecting the use of an electronic voting process in a general election or by-election;
(b) devise and test an electronic voting process on an experimental basis, in a general election or a by-election and in such electoral districts as he or she deems advisable; and
(c) make regulations prescribing the means by which a vote may be cast for the purposes of subsection (2).
(2) In subsection (1), "electronic voting process'''' means a process for casting a vote by telephone or the Internet or by such other means as is prescribed, by regulation, by the Chief Electoral Officer."
After debate, the question being put on the amendment, it was stood.
Clause 18 stood.
On Clause 19,
Stéphane Bergeron moved, -- That Bill C-2, in Clause 19, be amended by replacing lines 4 to 8 on page 13 with the following:
"in accordance with the Public Service Employment Act following an open competition, and any other officers, clerks and employees that may be required, who shall be appointed in accordance with that Act."
After debate, the question being put on the amendment, it was negatived on the following recorded division:
YEAS:
Rob Anders
Stéphane Bergeron
Benoît Sauvageau
John Solomon
Ted White: -- 5
NAYS:
Eleni Bakopanos
Marlene Catterall
Gar Knutson
Clifford Lincoln
Steve Mahoney
Carolyn Parrish
John Richardson: -- 7
Clause 19 carried on division.
On Clause 22,
Stéphane Bergeron moved, -- That Bill C-2, in Clause 22, be amended by adding after line 5 on page 15 the following:
"(d.1) a person who was a candidate at the last general election or at a by-election held since the last general election;"
After debate, the question being put on the amendment, it was adopted.
Clause 22, as amended, carried.
On motion of John Solomon, it was agreed, - That the Committee stand Mr. White's amendments to Monday, November 29, 1999 until his arrival but continue with other amendments at this meeting.
On Clause 23,
André Harvey moved, -- That Bill C-2, in Clause 23, be amended by adding after line 39 on page 15 the following:
"(1.1) Every election officer within the meaning of paragraphs 22(b) to (o) who swears an oath under subsection (1) may engage in partisan activities during an electoral campaign provided these activities do not relate to the performance of the duties of that office."
After debate, the question being put on the amendment, it was stood.
Clause 23 stood.
On Clause 24,
Stéphane Bergeron moved, -- That Bill C-2, in Clause 24, be amended by replacing lines 5 to 8 on page 16 with the following:
"24. (1) There shall be a returning officer for each electoral district who shall be appointed in accordance with the Public Service Employment Act following an open competition."
After debate, the question being put on the amendment, it was negatived on the following recorded division:
YEAS:
Rob Anders
Stéphane Bergeron
Benoît Sauvageau
John Solomon
Ted White: -- 5
NAYS:
Eleni Bakopanos
Marlene Catterall
Gar Knutson
Clifford Lincoln
Steve Mahoney
Carolyn Parrish
John Richardson: -- 7
John Solomon moved, -- That Bill C-2, in Clause 24, be amended by replacing lines 5 to 8 on page 16 with the following:
"24. (1) There shall be a returning officer for each electoral district appointed by the Chief Electoral Officer following as open competition conducted in accordance with the applicable principles set out is the Public Service Employment Act."
After debate, the question being put on the amendment, it was negatived on the following recorded division:
YEAS:
Rob Anders
Stéphane Bergeron
Benoît Sauvageau
John Solomon: -- 4
NAYS:
Eleni Bakopanos
Gar Knutson
Clifford Lincoln
Steve Mahoney
Carolyn Parrish
John Richardson: -- 6
Stéphane Bergeron moved, -- That Bill C-2, in Clause 24, be amended (a) by replacing line 20 on page 16 with the following:
" (4) Subject to subsection (4.1), the office of a returning officer is not"
(b) by adding after line 27 on page 16 the following:
"(4.1) Where a returning officer has held office during two consecutive general elections, the returning officer shall not hold office for longer than six months after the polling day of the second general election point."
After debate, by unanimous consent, Stéphane Bergeron withdrew his motion.
Stéphane Bergeron moved, -- That Bill C-2, in Clause 24, be amended by replacing line 40 on page 16 with the following:
"(7) The Chief Electoral Officer may remove"
After debate, the question being put on the amendment, it was negatived on the following recorded division:
YEAS:
Rob Anders
Stéphane Bergeron
Benoît Sauvageau: -- 3
NAYS:
Eleni Bakopanos
Gar Knutson
Clifford Lincoln
Steve Mahoney
Carolyn Parrish
John Richardson: -- 6
Clause 24 stood.
Clause 25 stood.
On Clause 26,
Stéphane Bergeron moved, -- That Bill C-2, in Clause 26, be amended by replacing lines 25 to 29 on page 17 with the following:
"26. (1) There shall be an assistant returning officer for each electoral district who shall be appointed in accordance with the Public Service Employment Act following an open competition."
After debate, the question being put on the amendment, it was negatived on the following recorded division:
YEAS:
Rob Anders
Stéphane Bergeron
Benoît Sauvageau: -- 3
NAYS:
Eleni Bakopanos
Gar Knutson
Clifford Lincoln
Steve Mahoney
Carolyn Parrish
John Richardson: -- 6
Stéphane Bergeron moved, -- That Bill C-2, in Clause 26, be amended by replacing lines 30 to 34 on page 17 with the following:
"(2) The father, mother, child, spouse's child, brother, half-brother, sister, half-sister, uncle, aunt, cousin, nephew, niece, employee of, or a person who lives with, a returning officer shall not be appointed as an assistant returning officer."
After debate, the question being put on the amendment, it was stood.
Clause 26 stood.
On Clause 28,
Stéphane Bergeron moved, -- That Bill C-2, in Clause 28, be amended by replacing lines 17 to 22 on page 18 with the following:
"(4) As soon as possible after the date on which the Chief Electoral Officer has been notified of a vacancy in the office of a returning officer or accepts the resignation of a returning officer, a new returning officer shall be appointed in accordance with the Public Service Employment Act following an open competition."
After debate, the question being put on the amendment, it was negatived on the following recorded division:
YEAS:
Rob Anders
Stéphane Bergeron
Benoît Sauvageau: -- 3
NAYS:
Eleni Bakopanos
Marlene Catterall
Gar Knutson
Clifford Lincoln
Carolyn Parrish
John Richardson: -- 6
Stéphane Bergeron moved, -- That Bill C-2, in Clause 29, be amended by replacing lines 40 to 42 on page 18 with the following:
"office for any other reason, a new assistant returning officer shall be appointed in accordance with the Public Service Employment Act following an open competition."
After debate, the question being put on the amendment, it was negatived on the following recorded division:
YEAS:
Rob Anders
Stéphane Bergeron
Benoît Sauvageau: -- 3
NAYS:
Eleni Bakopanos
Marlene Catterall
Gar Knutson
Clifford Lincoln
Carolyn Parrish
John Richardson: -- 6
Clause 28 stood.
On Clause 30, by unanimous consent, it was agreed, - That Clause 30 previously carried this day, be reconsidered.
On Clause 30,
Stéphane Bergeron moved, -- That Bill C-2, in Clause 30, be amended by replacing lines 18 to 21 on page 19 with the following:
"(2) A returning officer shall establish an office in each area designated by the Chief Electoral Officer.
(2.1) An additional assistant returning officer shall be appointed in accordance with the Public Service Employment Act following an open competition."
After debate, the question being put on the amendment, it was negatived on division.
Clause 30 carried on division.
At 5:32 p.m., the Committee adjourned to the call of the Chair.
Carol Chafe
Clerk of the Committee