HAFF Committee Meeting

Meeting No. 20

Tuesday, November 30, 1999

The Standing Committee on Procedure and House Affairs met at 10:30 a.m. this day, in Room 112-N, Centre Block, the Chair, Derek Lee, presiding.

Members of the Committee present: Eleni Bakopanos, Stéphane Bergeron, Ray Bonin, Marlene Catterall, Madeleine Dalphond-Guiral, André Harvey, Bob Kilger, Gar Knutson, Derek Lee, Carolyn Parrish, Jerry Pickard, John Richardson and John Solomon.

Acting Members present: Paddy Torsney for Eleni Bakopanos from 1:08 p.m.; Wayne Easter for Marlene Catterall from 1:33 p.m.; Wayne Easter for Carolyn Parrish from 1:09 to 1:15 p.m.; Ted White for Chuck Strahl; Rob Anders for Randy White.

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; Janice Vézina, Director of Election Financing.

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 195,

Gar Knutson moved, -- That Bill C-2, in Clause 195, be amended by replacing lines 12 to 19 on page 83 with the following:

"(3) A member of the reserve force of the Canadian Forces referred to in subsection (1) or (2) who was not qualified as an elector at an election while on full-time training or service shall, without delay after becoming qualified, complete a statement of ordinary residence in accordance with subsection (1) or (2), as the case may be, that indicates a place of ordinary residence described in subsection (4).

(4) An elector may amend the information in his or her statement of ordinary residence and may indicate as a place of ordinary residence the civic address of

(a) the place of ordinary residence of a person with whom the elector would live but for his or her being on training or service or a person designated by the elector as next of kin;

(b) the place where the elector is residing by reason of his or her being on training or service; or

(c) the elector's place of ordinary residence immediately before being on training or service.

(5) An elector described in subsection (1), (2) or (3) who has not completed a statement of ordinary residence in accordance with subsection (1) or (2), as the case may be, may do so at any time.

(6) An amendment to a statement of ordinary residence takes effect

(a) if it is made during an election period, 14 days after polling day; and

(b) if it is made at any other time, 60 days after the commanding officer of the elector's unit receives it.

(7) In addition to the information specified in subsection (1), the Chief Electoral"

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

Clause 195, as amended, carried.

Clause 222 carried.

Clause 226 carried.

On Clause 227,

Stéphane Bergeron moved, -- That Bill C-2, in Clause 227, be amended by replacing line 6 on page 93 with the following:

"or her choice on the ballot or, if the elector does not know the name, the candidate's political affiliation."

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

YEAS:

Rob Anders

Stéphane Bergeron

André Harvey

John Solomon

Ted White -- (5)

NAYS:

Eleni Bakopanos

Ray Bonin

Marlene Catterall

Bob Kilger

Gar Knutson

Carolyn Parrish

Jerry Pickard

John Richardson -- (8)

Clause 227 carried on division.

On Clause 233,

Gar Knutson moved, -- That Bill C-2, in Clause 233, be amended by adding after line 29 on page 94 the following:

"(1.1) An elector who would be under reasonable apprehension of bodily harm if he or she were to indicate the mailing address of his or her dwelling place for the purpose of paragraph (1)(d) may apply to the returning officer or special voting rules administrator to use another address for that purpose. The returning officer or special voting rules administrator, unless he or she considers that it would not be in the public interest to do so, shall grant the application and shall not reveal that other address except as required to send the special ballot to the elector. For greater certainty, the granting of the application does not change the elector's place of ordinary residence for the purposes of this Act."

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

Clause 233 carried.

Clause 243 stood.

Clause 253 carried.

Clause 254 carried.

Clause 255 carried.

Clauses 256 through 260 carried severally.

Clause 273 carried.

Clause 277 stood.

On Clause 283,

Stéphane Bergeron moved, -- That Bill C-2, in Clause 283, be amended by replacing lines 9 to 11 on page 110 with the following:

"supply the poll clerk and all the persons referred to in subsection (1) who are present and who so request with a tally sheet to keep their own"

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

Clause 283, as amended, carried.

Clause 318 carried on division.

On Clause 319,

Gar Knutson moved, -- That Bill C-2, in Clause 319, be amended by replacing lines 14 to 18 on page 124 with the following:

"election period of an advertising message that promotes or opposes a registered party or the election of a candidate, including one that takes a position on an issue with which a registered party or candidate is associated. For greater certainty, it does not"

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

Stéphane Bergeron moved, -- That Bill C-2, in Clause 319, be amended by replacing line 32 on page 124 with the following:

"members or shareholders, as"

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

Gar Knutson moved, -- That Bill C-2, in Clause 319, be amended by replacing line 39 on page 124 with the following:

"how electors voted or will vote at an election or re-"

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

Clause 319, as amended, carried on division.

Clause 321 carried.

On Clause 323,

Gar Knutson moved, -- That Bill C-2, in Clause 323, be amended by replacing lines 1 to 4 on page 126 with the following:

"323. (1) No person shall knowingly transmit election advertising to the public in an electoral district on polling day before the close of all of the polling stations in the electoral district."

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

Clause 323 carried on division.

On Clause 324,

Gar Knutson moved, -- That Bill C-2, in Clause 324, be amended by replacing line 24 on page 126 with the following:

"signs, posters or banners."

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

Clause 324, as amended, carried.

On Clause 325,

Gar Knutson moved, -- That Bill C-2, in Clause 325, be amended by

(a) replacing line 25 on page 126 with the following:

"325. (1) No person shall prevent or impair the"

(b) adding after line 28 on page 126 the following:

"(2) Subsection (1) does not apply with respect to

(a) the prevention or impairment, by a public authority, of an unlawful transmission; or (b) the removal by an employee of a public authority of a billboard, poster or banner where the posting of it is a hazard to public safety."

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

Clause 325 stood.

On Clause 326,

Stéphane Bergeron moved, -- That Bill C-2, in Clause 326, be amended

(a) by adding after line 2 on page 127 the following:

"(e.1) the wording of the survey questions in respect of which data is obtained

(b) by replacing lines 6 to 12 on page 127 with the following:

"in subsection (1), the means by which a report referred to in subsection (3) may be obtained must be provided in the case of a transmission to the public by means other than broadcasting."

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

Stéphane Bergeron moved, -- That Bill C-2, in Clause 326, be amended by replacing line 3 on page 127 with the following:

"(f) the margin of error in"

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

At 12:08 p.m., the sitting was suspended.

At 12:38 p.m., the sitting resumed.

Clause 326 carried.

Clause 327 carried on division.

On Clause 328,

Gar Knutson moved, -- That Bill C-2, in Clause 328, be amended by replacing lines 21 to 29 on page 128 with the following:

"328. (1) No person shall knowingly cause to be transmitted to the public, in an electoral district on polling day before the close of all of the polling stations in that electoral district, the results of an election survey that have not previously been transmitted to the public.

(2) No person shall transmit to the public, in an electoral district on polling day before the close of all of the polling stations in that electoral district, the results of an election survey that have not previously been transmitted to the public."

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

Stéphane Bergeron moved, -- That Bill C-2, in Clause 328, be amended by replacing line 23 on page 128 with the following:

"all polling stations, shall cause the"

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

Clause 328 carried on division.

On Clause 329,

Gar Knutson moved, -- That Bill C-2, in Clause 329, be amended by replacing lines 33 to 36 on page 128 with the following:

"329. No person shall transmit the result or purported result of the vote in an electoral district to the public in another electoral district before the close of all of the polling stations in that other electoral district."

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

Clause 329 carried on division.

On Clause 331,

Stéphane Bergeron moved, -- That Bill C-2, in Clause 331, be amended by replacing line 16 on page 129 with the following:

"particular candidate, political party or option unless the person is"

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

Clause 331 carried on the following recorded division:

YEAS:

Ray Bonin

Wayne Easter

Bob Kilger

Gar Knutson

Carolyn Parrish

John Richardson

Paddy Torsney -- (7)

NAYS:

Rob Anders

Stéphane Bergeron

Madeleine Dalphond-Guiral

André Harvey

John Solomon

Ted White -- (6)

Clauses 332 through 337 carried severally.

At 1:38 p.m., the Committee adjourned to the call of the Chair.

Carol Chafe

Clerk of the Committee