HAFF Committee Meeting

MINUTES OF PROCEEDINGS

Meeting No. 44

Tuesday, May 27, 2003

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

Members of the Committee present:  Peter Adams, Marlene Catterall, Rodger Cuzner, Michel Guimond, Dale Johnston, Joe Jordan, Lynn Myers, Carolyn Parrish, Geoff Regan, Jacques Saada, Benoît Sauvageau and Guy St-Julien.

Acting Members present:  Ted White for Werner Schmidt; Caroline St-Hilaire for Benoît Sauvageau (at 11:07 a.m.); Caroline St-Hilaire for Michel Guimond (at 12:30 p.m.); Dick Proctor for Yvon Godin; Gerald Keddy for Rick Borotsik.

Witness:  From the Privy Council Office:  Michèle René de Cotret, Senior Privy Council Officer/Counsel, Legislation and House Planning/Counsel.

In attendance:  From the Library of Parliament:  James Robertson, Principal; John M. Wright, Research Assistant.  From the Committees Directorate:  Susan Baldwin, Legislative Clerk.

Pursuant to its Order of Reference of Tuesday, March 18, 2003, the Committee resumed consideration of Bill C-24, An Act to amend the Canada Elections Act and the Income Tax Act (political financing).  (See Minutes of Proceedings, Thursday, April 3, 2003, Meeting No. 31.)

The Committee commenced clause-by-clause consideration of the Bill.

On Clause 1,

Dick Proctor moved, -- That Bill C-24, in Clause 1, be amended by replacing lines 4 and 5 on page 1 with the following:

“1. (1) The definition “contribution” in subsection 2(1) of the Canada Elections Act is replaced by the following:

“contribution” means a monetary contribution or a non-monetary contribution, but does not include a contribution received from a corporation or a trade union.

(2) Subsection 2(1) of the Act is amended by adding the following in”

After debate, the question being put on the amendment, it was negatived.

Gerald Keddy moved, -- That Bill C-24, in Clause 1, be amended by replacing lines 4 and 5 on page 1 with the following:

“1. (1) The definition “contribution” in subsection 2(1) of the Canada Elections Act is replaced by the following:

“contribution” means a monetary or a non-monetary contribution, but does does not include the following:

(a) admission fees and expenses of political events and meetings of up to $200 per day;

(b) paid leave of absences for a person to run as a candidate;

(c) voluntary services of a person as an auditor, financial agent, official agent or legal counsel to a party, electoral district association, leadership contestant, nomination contestant or candidate;

(d) party membership fees of $50 or less per annum; or

(e) radio or television air time, space in a newspaper or on a website, where offered to all parties represented in the House of Commons or which received at least 5% of the vote at the last general election.

(2) Subsection 2(1) of the Act is amended by adding the following in”

A debate arose.

By unanimous consent, the amendment was amended by deleting the following words in paragraph (e):

“represented in the House of Commons or”

After debate, the question being put on the amendment as amended, it was negatived.

Geoff Regan moved, -- That Bill C-24, in Clause 1, be amended by

(a) replacing line 4 on page 1 with the following:

“1. (1) Subsection 2(1) of the Canada Elections”

(b) adding after line 23 on page 2 the following:

“(2) Section 2 of the Act is amended by adding the following after subsection (4):

(5) If, in any provision of this Act, a reference to another provision of this Act or a provision of any other Act is followed by words in parentheses that are or purport to be descriptive of the subject-matter of the provision referred to, those words form no part of the provision in which they occur but are inserted for convenience of reference only.”

After debate, the question being put on the amendment, it was adopted.

Dick Proctor moved, -- That Bill C-24, in Clause 1, be amended by replacing line 15 on page 2 with the following:

“ination contest report filed quarterly in accordance”

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

Clause 1, as amended, carried.

On Clause 2,

Michel Guimond moved, -- That Bill C-24, in Clause 2, be amended by replacing line 24 on page 2 with the following:

“2. (1) Subsection 24(1) of the Act is replaced by the following:

24. (1) The Chief Electoral Officer shall appoint a returning officer for each electoral district and may remove him or her only for cause under subsection (7).

(1.1) The returning officer shall be appointed, after a public competition,

(a) among the electors domiciled in the electoral district concerned; or

(b) among the electors domiciled in a contiguous electoral district, if the person is able to perform the duties in as satisfactory a manner as if the person were domiciled in the electoral district for which he or she is appointed.

(1.2) The competition referred to in subsection (1.1) shall be designed to allow impartial consideration of the merits of the candidates. The selection shall be based on criteria of qualification and competence, and the appointment shall be made according to the order of merit of the candidates.

(1.3) The Chief Electoral Officer shall publish a notice of the competition to allow every qualified person an opportunity to apply.

(1.4) The term of office of a returning officer is ten years, but the returning officer shall remain in office, despite the expiration of that term, until he or she is reappointed or replaced.

(1.5) On the appointment of a returning officer, the Chief Electoral Officer shall publish a notice of it in the Canada Gazette.

(2) Subsection 24(4) of the Act is replaced by the following:

(4) The office of a returning officer is not vacant unless the returning officer dies, resigns, ceases to reside in the electoral district, completes his or her term of office or is removed from office, or unless the boundaries of the returning officer’s electoral district are revised as a result of a representation order made under section 25 of the Electoral Boundaries Readjustment Act.

(3) Subsection 24(6) of the Act is replaced”

After debate, the question being put on the amendment, it was negatived.

Clause 2 carried on division.

Michel Guimond moved, -- That Bill C-24 be amended by adding after line 34 on page 2 the following new clause:

“2.1 Section 25 of the Act is replaced by the following:

25. Between the 1st and 20th days of January in each year, the Chief Electoral Officer shall publish in the Canada Gazette a list of the name, address and occupation of the returning officer for each electoral district in Canada.”

A debate arose.

Marlene Catterall moved the following subamendment, -- That the amendment be amended by replacing the words “name, address” with the following:

“name”.

After debate, by unanimous consent, the subamendment and the amendment were withdrawn.

Clauses 3 to 12 carried severally.

On Clause 13,

Ted White moved, -- That Bill C-24, in Clause 13, be amended by replacing line 13 on page 5 with the following:

“12 electoral districts.”

After debate, the question being put on the amendment, it was negatived on the following recorded division:

YEAS:  Ted White, Michel Guimond, Benoît Sauvageau, Dick Proctor – 4;

NAYS:  Marlene Catterall, Rodger Cuzner, Joe Jordan, Lynn Myers, Carolyn Parrish, Geoff Regan, Jacques Saada, Guy St-Julien, Gerald Keddy – 9.

By unanimous consent, Clause 13 was allowed to stand.

On Clause 14,

Dick Proctor moved, -- That Bill C-24, in Clause 14, be amended by replacing line 33 on page 5 with the following:

“(h) a quarterly statement required by subsection”

After debate, by unanimous consent, the amendment and Clause 14 were allowed to stand.

Clauses 15 to 17 carried severally.

On Clause 18,

Gerald Keddy moved, -- That Bill C-24, in Clause 18, be amended by replacing line 25 on page 6 with the following:

“which shall be at least 60 days after the date of”

After debate, the question being put on the amendment, it was negatived.

Ted White moved, -- That Bill C-24, in Clause 18, be amended by adding after line 26 on page 6 the following:

“(3) The notice under subsection (1) shall be sent by registered mail or by a method of courier service that provides proof of mailing, a record while in transit and a record of delivery.”

After debate, the question being put on the amendment, it was adopted.

Clause 18, as amended, carried.

On Clause 19,

Geoff Regan moved, -- That Bill C-24, in Clause 19, be amended by replacing, in the French version, line 32 on page 6 with the following:

“fait publier dans la Gazette du Canada sans délai un avis”

After debate, the question being put on the amendment, it was adopted.

Clause 19, as amended, carried.

Clauses 20 to 22 carried severally.

At 12:39 p.m., the Committee adjourned to the call of the Chair.

Thomas Hall

Clerk of the Committee