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MINUTES OF PROCEEDINGS
 
Meeting No. 59
 
Monday, June 18, 2007
 

The Standing Committee on Procedure and House Affairs met at 11:02 a.m. this day, in Room 112-N, Centre Block, the Chair, Gary Goodyear, presiding.

 

Members of the Committee present: Gary Goodyear, Michel Guimond, Hon. Jay Hill, Tom Lukiwski, Hon. Stephen Owen, Joe Preston, Marcel Proulx, Hon. Karen Redman, Scott Reid and Hon. Lucienne Robillard.

 

Acting Members present: Bernard Bigras for Pauline Picard, Jean-Claude D'Amours for Hon. Lucienne Robillard, Paul Dewar for Yvon Godin, Ken Epp for Tom Lukiwski, Peggy Nash for Yvon Godin, Hon. Raymond Simard for Hon. Karen Redman and Hon. Raymond Simard for Hon. Lucienne Robillard.

 

In attendance: Library of Parliament: Michel Bédard, Analyst.

 

Witnesses: Privy Council Office: Dan McDougall, Director of Operations, Legislation and House Planning; Randall Koops, Senior Policy Advisor, Legislation and House Planning; Marc Chénier, Counsel, Legislation and House Planning.

 
Pursuant to the Order of Reference of Monday, May 28, 2007, the Committee resumed consideration of Bill C-54, An Act to amend the Canada Elections Act (accountability with respect to loans).
 

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

 

The witnesses answered questions.

 

The Chair called Clause 1.

 

Clause 1 carried.

 

Clause 2 carried.

 

On Clause 3,

Paul Dewar moved, — That Bill C-54, in Clause 3, be amended

(a) by deleting lines 14 to 21 on page 1;

(b) by replacing lines 22 to 26 on page 1 and lines 1 to 3 on page 2 with the following:

“Act are repealed.”

Debate arose thereon.

 

By unanimous consent, the amendment was withdrawn.

 
Joe Preston moved, — That Bill C-54, in Clause 3, be amended by replacing line 1 on page 2 with the following:

“rate, the lender’s name and address, the dates and amounts of repayments of principal and payments of interest and, if”

 

After debate, the question was put on the amendment of Joe Preston and it was agreed to.

 

Clause 3, as amended, carried.

 

On Clause 4,

Stephen Owen moved, — That Bill C-54, in Clause 4, be amended by adding after line 10 on page 2 the following:

“(2) Paragraph 405(1)(c) of the Act is replaced by the following:

(c) $1,000 in total in any calendar year to the leadership contestants in a particular leadership contest.”

Debate arose thereon.

 

The question was put on the amendment of Stephen Owen and it was agreed to, by a show of hands: YEAS: 6; NAYS: 5.

 

Clause 4, as amended, carried.

 

On Clause 5,

Paul Dewar moved, — That Bill C-54, in Clause 5, be amended by replacing lines 34 and 35 on page 2 with the following:

“a loan referred to in subsection (1) at a minimum interest rate to be set as the prime bank rate plus 1% or higher.”

Debate arose thereon.

 

The question was put on the amendment of Paul Dewar and it was negatived, by a show of hands: YEAS: 2; NAYS: 9.

 
Joe Preston moved, — That Bill C-54, in Clause 5, be amended by replacing line 41 on page 2 to line 4 on page 3 with the following:

“However, the total of the following amounts shall not at any time exceed the individual’s relevant contribution limit set out in paragraphs 405(1)(a) to (c) and (4)(a) to (c):

(a) the amounts of the individual’s contributions;

(b) the amounts of the individual’s loans made in the relevant contribution period, not including any amount that has been repaid in the calendar year in which the loan was made; and

(c) the amounts guaranteed by the individual in the relevant contribution period, not including any amount for which the individual has ceased to be liable in the calendar year in which the guarantee was given.”

 

After debate, the question was put on the amendment of Joe Preston and it was agreed to.

 
Paul Dewar moved, — That Bill C-54, in Clause 5, be amended by replacing lines 12 and 13 on page 4 with the following:

“or in part, three years after polling day is deemed to be a contribution of the”

 

Stephen Owen moved, — That the amendment be amended by deleting all the words after the words “polling day” and substituting the following:

“in the case of a candidate, the selection day in the case of a nomination contestant, the day of the leadership contest in the case of a leadership contestant, and in the case of a registered party and registered association the day that the amount is due according to the terms of the loan, is deemed to be a contribution of the”

 

After debate, the question was put on the subamendment of Stephen Owen and it was agreed to.

 

After debate, the question was put on the amendment of Paul Dewar, as amended, and it was agreed to.

 

By unanimous consent, it was agreed, — That the result of the vote on the previous amendment be applied to the following seven (7) amendments which are therefore also adopted:

That Bill C-54, in Clause 5, be amended

(a) by replacing line 19 on page 4 with the following:

“unpaid amount that, at the end of the three-year”

(b) by replacing lines 39 and 40 on page 4 with the following:

“Chief Electoral Officer before the end of the three-year period.”

(c) by replacing line 12 on page 5 with the following:

“three-year period, the Chief Electoral Officer”

That Bill C-54, in Clause 10, be amended by replacing lines 19 and 20 on page 6 with the following:

“paid within three years after the day on which the leadership contest ends.”

That Bill C-54, in Clause 11, be amended

(a) by replacing line 37 on page 6 with the following:

“payment was not made in the three-year”

(b) by replacing line 40 on page 6 with the following:

“loan was not made in the three-year period”

That Bill C-54, in Clause 12, be amended

(a) by replacing line 6 on page 7 with the following:

“ment has not been made in the three-year”

(b) by replacing line 24 on page 7 with the following:

“made in the three-year period referred to in”

That Bill C-54, in Clause 16, be amended by replacing lines 27 and 28 on page 8 with the following:

“section 405.5 must be repaid within three years after polling day.”

That Bill C-54, in Clause 17, be amended by replacing line 10 on page 9 with the following:

“loan was not made in the three-year period”

That Bill C-54, in Clause 18, be amended by replacing line 28 on page 9 with the following:

“made in the three-year period mentioned in”

 
Stephen Owen moved, — That Bill C-54, in Clause 5, be amended by adding after line 40 on page 4 the following:

“(3.1) Before a determination is made under subsection (4), an electoral district association, registered party or lender shall be given the opportunity to make representations to the Chief Electoral Officer.”

 

Lucienne Robillard moved, — That the amendment be amended by adding, in the French version, the words “des élections” after the words “directeur général”.

 

After debate, the question was put on the subamendment of Lucienne Robillard and it was agreed to.

 

After debate, the question was put on the amendment of Stephen Owen, as amended, and it was agreed to.

 
By unanimous consent, Paul Dewar moved, — That Bill C-54, in Clause 5, be amended by adding after line 17 on page 4 the following:

“(1.1) An individual may make a maximum contribution that is equal to the aggregate of the contributions that may be made by an individual over three years, and shall have up to three years to claim the contribution as a donation.”

 

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

 
Michel Guimond moved, — That Bill C-54, in Clause 5, be amended by replacing lines 5 to 10 on page 5 with the following:

“Officer shall inform the claimant, the candidate's registered association or, if there is no registered association, the registered party of his or her decision.”

Debate arose thereon.

 

The question was put on the amendment of Michel Guimond and it was agreed to, by a show of hands: YEAS: 7; NAYS: 3.

 
Paul Dewar moved, — That Bill C-54, in Clause 5, be amended by adding after line 10 on page 5 the following:

“(5.1) After polling day,

(a) any surplus of a candidate shall be remitted to the candidate's registered association; and

(b) any remaining debts of a candidate shall be transferred to the candidate's registered association.”

 

After debate, the question was put on the amendment of Paul Dewar and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

 

Clause 5, as amended, carried.

 

By unanimous consent, Clauses 6 and 7 carried severally.

 

On Clause 8,

 
On motion of Joe Preston, it was agreed, — That Bill C-54, in Clause 8, be amended by replacing line 1 on page 6 with the following:

“the lender’s name and address, the dates and amounts of repayments of principal and payments of interest and, if there is”

 

Clause 8, as amended, carried.

 

Clause 9 carried.

 

Clause 10, as amended, carried by a show of hands: YEAS: 7; NAYS: 4.

 

Clause 11, as amended, carried by a show of hands: YEAS: 7; NAYS: 4.

 

Clause 12, as amended, carried by a show of hands: YEAS: 7; NAYS: 4.

 

Clause 13 carried.

 

On Clause 14,

 
On motion of Joe Preston, it was agreed, — That Bill C-54, in Clause 14, be amended by replacing line 12 on page 8 with the following:

“rate, the lender’s name and address, the dates and amounts of repayments of principal and payments of interest, the unpaid principal remaining at the end of each calendar year and, if”

 

Clause 14, as amended, carried.

 

Clause 15 carried.

 

Clause 16, as amended, carried by a show of hands: YEAS: 7; NAYS: 4.

 

Clause 17, as amended, carried by a show of hands: YEAS: 7; NAYS: 4.

 

Clause 18, as amended, carried by a show of hands: YEAS: 7; NAYS: 4.

 

Clause 19 carried.

 

On Clause 20,

 
On motion of Joe Preston, it was agreed, — That Bill C-54, in Clause 20, be amended by replacing line 18 on page 10 with the following:

“lender’s name and address, the dates and amounts of repayments of principal and payments of interest, the unpaid principal remaining at the end of each calendar year and, if there is a”

 

Clause 20, as amended, carried.

 

Clause 21 carried.

 

By unanimous consent, Clauses 22 to 25 inclusive carried.

 

On Clause 26,

 
On motion of Joe Preston, it was agreed, — That Bill C-54, in Clause 26, be amended by replacing line 22 on page 12 with the following:

“rate, the lender’s name and address, the dates and amounts of repayments of principal and payments of interest, the unpaid principal remaining at the end of each calendar year and, if”

 

Clause 26, as amended, carried.

 

On Clause 27,

Stephen Owen moved, — That Bill C-54, in Clause 27, be amended by adding after line 39 on page 12 the following:

“(1.1) Paragraph 497(1)(t) of the Act is replaced by the following:

(t) being an official agent, contravenes subsection 445(1) or (1.1) (failure to pay recoverable claim in timely manner);”

Debate arose thereon.

 

By unanimous consent, the amendment was withdrawn.

 
Joe Preston moved, — That Bill C-54, in Clause 27, be amended by replacing lines 40 and 41 on page 12 with the following:

“(2) Paragraphs 497(1)(t) and (u) of the Act are replaced by the following:

(t) being an official agent, contravenes subsection 445(1) or (1.1) (failure to pay recoverable claim or loan in timely manner);”

 

After debate, the question was put on the amendment of Joe Preston and it was agreed to.

 

After debate, Clause 27, as amended, carried.

 

By unanimous consent, Clauses 28 and 29 carried.

 

The Title carried.

 

The Bill, as amended, carried.

 

ORDERED, — That the Chair report the Bill C-54, as amended, to the House.

 

ORDERED, — That Bill C-54, as amended, be reprinted for the use of the House at report stage.

 

At 12:06 p.m., the sitting was suspended.

At 12:09 p.m., the sitting resumed.

 
The Committee proceeded to the consideration of matters related to Committee business.
 

At 1:10 p.m., the Committee adjourned to the call of the Chair.

 



Lucile McGregor
Clerk of the Committee

 
 
2007/06/21 4:05 p.m.