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MINUTES OF PROCEEDINGS
 
Meeting No. 36
 
Wednesday, April 30, 2014
 

The Standing Committee on Procedure and House Affairs met in a televised session at 7:06 p.m. this day, in Room 237-C, Centre Block, the Chair, Joe Preston, presiding.

 

Members of the Committee present: David Christopherson, Alexandrine Latendresse, Tom Lukiwski, Ted Opitz, Joe Preston, Scott Reid, Blake Richards and Craig Scott.

 

Acting Members present: Dave MacKenzie for Brad Butt, Scott Simms for Kevin Lamoureux and Mike Wallace for Brad Butt.

 

Other Members present: André Bellavance, Peter Julian and Elizabeth May.

 

In attendance: House of Commons: Philippe Méla, Legislative Clerk; David-Andrés Novoa, Legislative Clerk. Library of Parliament: Andre Barnes, Analyst.

 

Witnesses: Privy Council Office: Marc Chénier, Senior Officer and Counsel; Natasha Kim, Director, Democratic Reform.

 
Pursuant to the Order of Reference of Monday, February 10, 2014, the Committee resumed consideration of Bill C-23, An Act to amend the Canada Elections Act and other Acts and to make consequential amendments to certain Acts.
 

The Committee resumed its clause-by-clause study of the Bill.

 

The witnesses answered questions.

 

On Clause 18,

Craig Scott moved, — That Bill C-23, in Clause 18, be amended by adding after line 15 on page 15 the following:

“(1.1) Each central poll supervisor referred to in section 124 shall be appointed by the returning officer on the basis of merit, following a process that is fair and transparent.”

 

After debate, by unanimous consent, the amendment was allowed to stand.

 

After debate, by unanimous consent, Clause 18 was allowed to stand.

 

On Clause 19,

Craig Scott moved, — That Bill C-23, in Clause 19, be amended by replacing lines 19 to 25 on page 15 with the following:

“graph 32(b) or (c) shall be appointed by the returning officer on the basis of merit, following a process that is fair and transparent.”

 

After debate, the question was put on the amendment of Craig Scott and it was negatived on the following recorded division: YEAS: David Christopherson, Alexandrine Latendresse, Craig Scott, Scott Simms — 4; NAYS: Tom Lukiwski, Dave MacKenzie, Ted Opitz, Scott Reid, Blake Richards — 5.

 

Clause 19 carried on division.

 

On Clause 20,

Scott Simms moved, — That Bill C-23, in Clause 20, be amended by replacing line 28 on page 15 to line 5 on page 16 with the following:

“36. A returning officer shall appoint deputy returning officers and poll clerks at least 24 days before polling day.

37. Within 24 hours after appointing the deputy returning officers and poll clerks, the returning officer shall send a written notice of the appointments to the candidates, registered associations and registered parties for the electoral district.”

 

After debate, the question was put on the amendment of Scott Simms and it was negatived on the following recorded division: YEAS: David Christopherson, Alexandrine Latendresse, Craig Scott, Scott Simms — 4; NAYS: Tom Lukiwski, Dave MacKenzie, Ted Opitz, Scott Reid, Blake Richards — 5.

 

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

That Bill C-23, in Clause 20, be amended by replacing line 28 on page 15 to line 5 on page 16 with the following:

“36. A returning officer

(a) shall appoint deputy returning officers and poll clerks on the basis of merit, following a process that is fair and transparent; and

(b) may appoint deputy returning officers and poll clerks from the date of the issue of the writ.

37. Within 24 hours after appointing the deputy returning officers and poll clerks, the returning officer shall send a written notice of the appointments to the candidates, registered associations and registered parties for the electoral district.”

 

Clause 20 carried on division.

 

On Clause 21,

Craig Scott moved, — That Bill C-23, in Clause 21, be amended by replacing lines 8 to 45 on page 16 with the following:

“(3) Each registration officer shall be appointed by the returning officer on the basis of merit, following a process that is fair and transparent.”

 

After debate, the question was put on the amendment of Craig Scott and it was negatived on the following recorded division: YEAS: David Christopherson, Alexandrine Latendresse, Craig Scott, Scott Simms — 4; NAYS: Tom Lukiwski, Dave MacKenzie, Ted Opitz, Scott Reid, Blake Richards — 5.

 
Scott Simms moved, — That Bill C-23, in Clause 21, be amended by replacing lines 8 to 45 on page 16 with the following:

“(3) The registration officers shall be appointed

(a) on the basis of merit, following a process that is fair and transparent; and

(b) at least 24 days before polling day.

(4) Within 24 hours after appointing the registration officers, the returning officer shall send a written notice of the appointments to the candidates, registered associations and registered parties for the electoral district.”

 

After debate, the question was put on the amendment of Scott Simms and it was negatived on the following recorded division: YEAS: David Christopherson, Alexandrine Latendresse, Craig Scott, Scott Simms — 4; NAYS: Tom Lukiwski, Dave MacKenzie, Ted Opitz, Scott Reid, Blake Richards — 5.

 

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

That Bill C-23, in Clause 21, be amended by replacing lines 8 to 45 on page 16 with the following:

“(3) The registration officers

(a) shall be appointed on the basis of merit, following a process that is fair and transparent; and

(b) may be appointed from the date of the issue of the writ.

(4) Within 24 hours after appointing the registration officers, the returning officer shall send a written notice of the appointments to the candidates, registered associations and registered parties for the electoral district.”

 

Clause 21 carried on division.

 

On Clause 22,

Scott Simms moved, — That Bill C-23, in Clause 22, be amended by deleting lines 1 to 12 on page 17.

 

After debate, the question was put on the amendment of Scott Simms and it was negatived on division.

 

Pursuant to order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-23, in Clause 22, be amended by deleting lines 13 to 20 on page 17.

After debate, the question was put on the amendment of Alexandrine Latendresse and it was negatived on the following recorded division: YEAS: Scott Simms — 1; NAYS: David Christopherson, Alexandrine Latendresse, Tom Lukiwski, Dave MacKenzie, Ted Opitz, Scott Reid, Blake Richards, Craig Scott — 8.

 

Clause 22 carried on division.

 

On Clause 23,

Craig Scott moved, — That Bill C-23, in Clause 23, be amended by replacing lines 21 to 34 on page 17 with the following:

“23. Section 42 of the Act is repealed.”

 

RULING BY THE CHAIR

Bill C-23 amends the Canada Elections Act by, among other things, amending section 42 to incorporate a reference to subsection 124(3). The amendment proposes to repeal section 42 in its entirety.

As House of Commons Procedure and Practice, Second Edition, states on page 766:

“An amendment to a bill that was referred to committee after second reading is out of order if it is beyond the scope and principle of the bill.”

In the opinion of the Chair, the repeal of section 42 is contrary to the principle of the Bill. Therefore the amendment is inadmissible.

 

Clause 23 was negatived on the following recorded division: YEAS: — 0; NAYS: David Christopherson, Alexandrine Latendresse, Tom Lukiwski, Dave MacKenzie, Ted Opitz, Scott Reid, Blake Richards, Craig Scott, Scott Simms — 9.

 
Craig Scott moved, — That Bill C-23 be amended by adding after line 34 on page 17 the following new clause:

“42.1 (1) In making appointments of electoral workers, returning officers shall give special consideration to recruiting youths who are 16 years of age and older.

(2) The Chief Electoral Officer may develop programs designed to assist in the recruiting and training of youths as electoral workers, which programs may be part of, or otherwise connected to, public education and information programs, including civic education in schools, colleges and universities.”

 

After debate, the question was put on the amendment of Craig Scott and it was negatived on the following recorded division: YEAS: David Christopherson, Alexandrine Latendresse, Craig Scott, Scott Simms — 4; NAYS: Tom Lukiwski, Dave MacKenzie, Ted Opitz, Scott Reid, Blake Richards — 5.

 

Clause 24 carried on division.

 

New Clause 24.1,

Pursuant to order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-23 be amended by adding after line 8 on page 18 the following new clause:

“24.1 The Act is amended by adding the following after section 54:

54.1 (1) In order to ensure that the collection, use, disclosure and retention of Canadians’ personal information by political parties is subject to commonly accepted principles of privacy protection, transparency and accountability, political parties shall develop and make available upon request policies and practices necessary to ensure compliance with Schedule 1 to the Personal Information Protection and Electronic Documents Act.

(2) Any reference in the schedule referred to in subsection (1) to an “organization” is to be read as a reference to a political party within the meaning of section 2 of this Act.

(3) If a political party fails to comply with subsection (1), the Chief Electoral Officer may withhold from that political party any information contained in the lists of electors under section 45 until such a time as the party is able to demonstrate compliance to the satisfaction of the Chief Electoral Officer.”

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

 

On Clause 25,

Scott Simms moved, — That Bill C-23, in Clause 25, be amended by replacing line 11 on page 18 with the following:

“(a) the name, postal code, community, and political affiliation, if any”

 

After debate, the question was put on the amendment of Scott Simms and it was negatived on the following recorded division: YEAS: David Christopherson, Alexandrine Latendresse, Craig Scott, Scott Simms — 4; NAYS: Tom Lukiwski, Dave MacKenzie, Ted Opitz, Scott Reid, Blake Richards — 5.

 

Clause 25 carried on division.

 

Clause 26 carried on division.

 

Clause 27 carried on division.

 

Clause 28 carried on division.

 

Clause 29 carried on division.

 

Clause 30 carried on division.

 

Clause 31 carried on division.

 

Clause 32 carried on division.

 

Clause 33 carried on division.

 

Clause 34 carried on division.

 

Clause 35 carried on division.

 

Clause 36 carried on division.

 

Clause 37 carried on division.

 

Clause 38 carried on division.

 

Clause 39 carried on division.

 

Clause 40 carried on division.

 

Clause 41 carried on division.

 

Clause 42 carried on division.

 

Clause 43 carried on division.

 

On Clause 44,

Craig Scott moved, — That Bill C-23, in Clause 44, be amended by replacing line 19 on page 22 to line 5 on page 23 with the following:

“electoral district shall be appointed by the returning officer on the basis of merit, following a process that is fair and transparent.”

 

After debate, the question was put on the amendment of Craig Scott and it was negatived on the following recorded division: YEAS: David Christopherson, Alexandrine Latendresse, Craig Scott, Scott Simms — 4; NAYS: Tom Lukiwski, Dave MacKenzie, Ted Opitz, Scott Reid, Blake Richards — 5.

 
Scott Simms moved, — That Bill C-23, in Clause 44, be amended by replacing line 19 on page 22 to line 5 on page 23 with the following:

“electoral district shall be appointed by the returning officer, on the basis of merit, following a process that is fair and transparent.

(4) The returning officer shall appoint the central poll supervisors at least 24 days before polling day.

(5) Within 24 hours after appointing the central poll supervisors, the returning officer shall send a written notice of the appointments to the candidates, registered associations and registered parties for the electoral district.”

 

After debate, the question was put on the amendment of Scott Simms and it was negatived on the following recorded division: YEAS: David Christopherson, Alexandrine Latendresse, Craig Scott, Scott Simms — 4; NAYS: Tom Lukiwski, Dave MacKenzie, Ted Opitz, Scott Reid, Blake Richards — 5.

 

Pursuant to order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-23, in Clause 44, be amended by replacing line 19 on page 22 to line 5 on page 23 with the following:

“electoral district shall be appointed by the returning officer, on the basis of merit, following a process that is fair and transparent.

(4) The returning officer may appoint the central poll supervisors as of 180 days before the issue of the writ.

(5) Within 24 hours after appointing the central poll supervisors, the returning officer shall send a written notice of the appointments to the candidates, registered associations and registered parties for the electoral district.”

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

 

After debate, Clause 44 was negatived on the following recorded division: YEAS: — 0; NAYS: David Christopherson, Alexandrine Latendresse, Tom Lukiwski, Dave MacKenzie, Ted Opitz, Scott Reid, Blake Richards, Craig Scott, Scott Simms — 9.

 
By unanimous consent, the Committee reverted to the consideration of the amendment of Craig Scott previously stood which read as follows: That Bill C-23, in Clause 18, be amended by adding after line 15 on page 15 the following:

“(1.1) Each central poll supervisor referred to in section 124 shall be appointed by the returning officer on the basis of merit, following a process that is fair and transparent.”

 

By unanimous consent, the amendment was withdrawn.

 

Clause 18 carried on division.

 

Clause 45 carried on division.

 

On Clause 46,

Scott Simms moved, — That Bill C-23, in Clause 46, be amended by replacing lines 40 to 43 on page 23 with the following:

“(h) any media representative who,”

 

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

 

Clause 46 carried on division.

 

Clause 47 carried on division.

 

On Clause 48,

Pursuant to order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by André Bellavance for the consideration of the Committee, was deemed moved:

That Bill C-23, in Clause 48, be amended by replacing line 5 on page 25 with the following:

“elector, with his or her face uncovered, shall provide the deputy returning officer”

After debate, the question was put on the amendment and it was negatived on the following recorded division: YEAS: — 0; NAYS: David Christopherson, Alexandrine Latendresse, Tom Lukiwski, Dave MacKenzie, Ted Opitz, Scott Reid, Blake Richards, Craig Scott, Scott Simms — 9.

 

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

That Bill C-23, in Clause 53, be amended by replacing line 38 on page 26 with the following:

“polling day if the elector, with his or her face uncovered, provides as proof of”

 
Tom Lukiwski moved, — That Bill C-23, in Clause 48, be amended by

(a) replacing line 7 on page 25 with the following:

“the elector’s identity and, subject to subsection (3), his or her residence:”

(b) replacing lines 24 to 34 on page 25 with the following:

“(4) Subsection 143(3) of the Act is replaced by the following:

(3) An elector who proves his or her identity by providing two pieces of identification of a type authorized under subsection (2.1) that establish the elector’s name may instead prove his or her residence by taking an oath in writing in the prescribed form — the form including the statement that he or she has received the oral advice set out in subsection 143.1(1) — if he or she is accompanied by another elector whose name appears on the list of electors for the same polling division who

(a) proves their own identity and residence to the deputy returning officer and poll clerk by providing the piece or pieces of identification referred to in paragraph (2)(a) or (b), respectively; and

(b) attests to the elector’s residence on oath in writing in the prescribed form, the form including the statements that

(i) they have received the oral advice set out in subsection 143.1(2),

(ii) they know the elector personally,

(iii) they know that the elector resides in the polling division,

(iv) they have not attested to the residence of another elector at the election, and

(v) their own residence has not been attested to by another elector at the election.

(5) Section 143 of the Act is amended by adding the following after subsection (3.2):”

(c) replacing lines 38 to 43 on page 25 with the following:

“(6) Subsections 143(5) and (6) of the Act are replaced by the following:

(5) No elector shall attest to the residence of more than one elector at an election.

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

Debate arose thereon.

 

At 9:14 p.m., the sitting was suspended.

At 9:23 p.m., the sitting resumed.

 

Craig Scott moved, — That the amendment be amended by adding the words “(3.1) No one may be prosecuted for any offence under this Act on the sole basis of not having complied with s.143(3)(b)(ii) after the word: “s.143(3)(b)(v)”

 

After debate, the question was put on the subamendment of Craig Scott and it was negatived on the following recorded division: YEAS: David Christopherson, Alexandrine Latendresse, Craig Scott, Scott Simms — 4; NAYS: Tom Lukiwski, Ted Opitz, Scott Reid, Blake Richards, Mike Wallace — 5.

 

Craig Scott moved, — That the amendment be amended by replacing the line 143(3)b)(ii) they know the elector personaly with the following: “143(3)b)(ii) they know the elector in”

 

After debate, the question was put on the subamendment of Craig Scott and it was negatived on the following recorded division: YEAS: David Christopherson, Alexandrine Latendresse, Craig Scott, Scott Simms — 4; NAYS: Tom Lukiwski, Ted Opitz, Scott Reid, Blake Richards, Mike Wallace — 5.

 

Craig Scott moved, — That the amendment be amended by deleting subsection 143(3)b)(ii).

 

The question was put on the subamendment of Craig Scott and it was negatived on the following recorded division: YEAS: David Christopherson, Alexandrine Latendresse, Craig Scott, Scott Simms — 4; NAYS : Tom Lukiwski, Ted Opitz, Scott Reid, Blake Richards, Mike Wallace — 5.

 

After debate, the question was put on the amendment of Tom Lukiwski and it was agreed to on the following recorded division: YEAS: David Christopherson, Alexandrine Latendresse, Tom Lukiwski, Ted Opitz, Scott Reid, Blake Richards, Craig Scott, Scott Simms, Mike Wallace — 9; NAYS: — 0.

 
Craig Scott moved, — That Bill C-23, in Clause 48, be amended

(a) by replacing line 11 on page 25 with the following:

“authorized by the Chief Electoral Officer, each of”

(b) by replacing lines 17 to 23 on page 25 with the following:

“(2.1) For greater certainty, the Chief Electoral Officer may authorize as a piece of identification for the purpose of establishing the elector's address a notice of confirmation of registration that is sent under section 95 or 102.”

 

After debate, the question was put on the amendment of Craig Scott and it was negatived on the following recorded division: YEAS: David Christopherson, Alexandrine Latendresse, Craig Scott, Scott Simms — 4; NAYS: Tom Lukiwski, Ted Opitz, Scott Reid, Blake Richards, Mike Wallace — 5.

 
Craig Scott moved, — That Bill C-23, in Clause 48, be amended by adding after line 14 on page 25 the following:

“(c) a written declaration made and signed by the elector as to his or her address and one piece of identification of a type authorized by the Chief Electoral Officer— other than a notice of confirmation of registration sent under section 95 or 102, which establishes the elector's name.”

 

After debate, the question was put on the amendment of Craig Scott and it was negatived on the following recorded division: YEAS: David Christopherson, Alexandrine Latendresse, Craig Scott, Scott Simms — 4; NAYS: Tom Lukiwski, Ted Opitz, Scott Reid, Blake Richards, Mike Wallace — 5.

 
Craig Scott moved, — That Bill C-23, in Clause 48, be amended by deleting lines 15 to 23 on page 25.

 

After debate, the question was put on the amendment of Craig Scott and it was negatived on the following recorded division: YEAS: David Christopherson, Alexandrine Latendresse, Craig Scott, Scott Simms — 4; NAYS: Tom Lukiwski, Ted Opitz, Scott Reid, Blake Richards, Mike Wallace — 5.

 
Scott Simms moved, — That Bill C-23, in Clause 48, be amended by replacing lines 19 to 23 on page 25 with the following:

“of paragraph (2)(b), including a notice of confirmation of registration sent under section 95 or 102.”

 

After debate, the question was put on the amendment of Scott Simms and it was negatived on the following recorded division: YEAS: David Christopherson, Alexandrine Latendresse, Craig Scott, Scott Simms — 4; NAYS: Tom Lukiwski, Ted Opitz, Scott Reid, Blake Richards, Mike Wallace — 5.

 
Craig Scott moved, — That Bill C-23, in Clause 48, be amended by deleting lines 35 to 37 on page 25.

 

After debate, the question was put on the amendment of Craig Scott and it was negatived on the following recorded division: YEAS: David Christopherson, Alexandrine Latendresse, Craig Scott, Scott Simms — 4; NAYS: Tom Lukiwski, Ted Opitz, Scott Reid, Blake Richards, Mike Wallace — 5.

 
Scott Simms moved, — That Bill C-23, in Clause 48, be amended by replacing line 35 on page 25 with the following:

“(3.3) A candidate may, with the authorization of the elector,”

 

After debate, the question was put on the amendment of Scott Simms and it was negatived on the following recorded division: YEAS: David Christopherson, Alexandrine Latendresse, Craig Scott, Scott Simms — 4; NAYS: Tom Lukiwski, Ted Opitz, Scott Reid, Blake Richards, Mike Wallace — 5.

 
Craig Scott moved, — That Bill C-23, in Clause 48, be amended by adding after line 37 on page 25 the following:

“(3.4) When a candidate or their representative wishes to examine a piece of identification, the deputy returning officer shall advise the voter that they are not required to present it and that any refusal by the voter shall not affect their right to vote.

 

After debate, the question was put on the amendment of Craig Scott and it was negatived on the following recorded division: YEAS: David Christopherson, Alexandrine Latendresse, Craig Scott, Scott Simms — 4; NAYS: Tom Lukiwski, Ted Opitz, Scott Reid, Blake Richards, Mike Wallace — 5.

 

Pursuant to order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-23, in Clause 48, be amended by adding after line 37 on page 25 the following:

“(3.4) For greater certainty, an elector's refusal to have a candidate or their representative examine the piece of identification that they present does not preclude the elector from exercising his or her right to vote.”

After debate, the question was put on the amendment and it was negatived on the following recorded division: YEAS: David Christopherson, Alexandrine Latendresse, Craig Scott, Scott Simms — 4; NAYS: Tom Lukiwski, Ted Opitz, Scott Reid, Blake Richards, Mike Wallace — 5.

 

Clause 48, as amended, carried on the following recorded division: YEAS: Tom Lukiwski, Ted Opitz, Scott Reid, Blake Richards, Mike Wallace — 5; NAYS: David Christopherson, Alexandrine Latendresse, Craig Scott, Scott Simms — 4.

 

On Clause 49,

Tom Lukiwski moved, — That Bill C-23, in Clause 49, be amended by replacing line 1 on page 26 with the following:

“49. Section 143.1 of the Act is replaced by the following:

143.1 (1) If a person decides to prove his or her residence by taking an oath in writing in the prescribed form, the person who administers the oath shall, before doing so, orally advise the oath-taker of the qualifications for electors and the penalty that may be imposed under this Act on a person who is found guilty of voting or attempting to vote at an election knowing that he or she is not qualified as an elector or who contravenes subsection 549(3).

(2) If a person decides to attest to an elector’s residence by taking an oath in writing in the prescribed form, the person who administers the oath shall, before doing so, orally advise the oath-taker of the penalty that may be imposed under this Act on a person who contravenes subsection 143(5) or (6) or 549(3).”

 

After debate, the question was put on the amendment of Tom Lukiwski and it was agreed to on division.

 

Clause 49, as amended, carried on division.

 

On Clause 49.1,

Craig Scott moved, — That Bill C-23 be amended by adding after line 1 on page 26 the following new clause:

“49.1 The Act is amended by adding the following after section 149:

149.1 The Chief Electoral Officer shall ensure that the notice of confirmation of registration that is sent under section 95 or 102 is marked with a prominent message informing the elector that this notice of confirmation of registration may not be used as a piece of identification for the purposes of voting.”

Debate arose thereon.

 

At 10:58 p.m., the Committee adjourned to the call of the Chair.

 



Marie-France Renaud
Clerk of the Committee

 
 
2014/05/13 9:38 a.m.