PROC Committee Meeting
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Minutes of Proceedings
Liberal
- Bernadette Jordan, Parliamentary Secretary — Non-Voting Member
Conservative
The Committee resumed clause-by-clause consideration on Clause 320 of the Bill.
The witnesses answered questions.
On Clause 320,
John Nater moved, — That Bill C-76, in Clause 320, be amended(a) by replacing, in the English version, line 12 on page 182 with the following:
“(2), an election officer may, if a person is committing, in the re-”
(b) by replacing, in the English version, lines 14 to 16 on page 182 with the following:
“taking place, an offence under this Act,”
(c) by replacing line 19 on page 182 with the following:
“tenance of order — or if the officer believes on reasonable grounds that a person has committed such an offence in such an office or place — order the person to leave the office or place or arrest the person without warrant.”
After debate, the question was put on the amendment of John Nater and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.
“(3.1) In performing his or her duty under subsection (1) or (2), an election officer may, if a person is committing, in the returning officer’s office or other place where the vote is taking place, an offence referred to in paragraph 281.3(a), section 281.5 or paragraph 281.7(1)(a) — or if the officer believes on reasonable grounds that a person has committed such an offence in such an office or place — order the person to leave the office or place or arrest the person without warrant.”
After debate, the question was put on the amendment of Stephanie Kusie and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.
“(1.1) The portion of subsection 479(6) of the Act before paragraph (a) is replaced by the following:
(6) The officer who arrests a person under subsection (3) shall without delay
(2) Subsection 479(7) of the Act is re-”
After debate, the question was put on the amendment of Stephanie Kusie and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.
Clause 320 carried on division.
By unanimous consent, Clauses 321 and 322 carried severally.
On Clause 323,
Stephanie Kusie moved, — That Bill C-76, in Clause 323, be amended(a) by replacing line 19 on page 183 with the following:
“by or under the authority of the Chief Electoral Officer, or a returning officer, political party, candidate or”
(b) by replacing line 21 on page 183 with the following:
“(a) the person or entity was not authorized by the Chief Electoral Officer or that returning officer, po-”
(c) by replacing line 27 on page 183 with the following:
“published by or under the authority of the Chief Electoral Officer, or that returning officer, political”
(d) by replacing lines 34 to 36 on page 183 with the following:
“monly associated with the Chief Electoral Officer, a returning officer, or the political party, candidate or prospective candidate, as the case may be; or
(b) the name, voice, image or signature of the Chief Electoral Officer, a returning officer, or the candi-”
After debate, the question was put on the amendment of Stephanie Kusie and it was agreed to.
“results of an election or of undermining confidence in the integrity of an election,”
Debate arose thereon.
Nathan Cullen moved, — That the amendment be amended by adding after the words “results of an election” the following:
“, nomination contest or leadership contest”
After debate, the question was put on the subamendment of Nathan Cullen and it was negatived, by a show of hands: YEAS: 1; NAYS: 6.
The question was put on the amendment of Stephanie Kusie and it was negatived on the following recorded division:
YEAS: Nathan Cullen, Stephanie Kusie, John Nater, Scott Reid — 4;
NAYS: Chris Bittle, David de Burgh Graham, Majid Jowhari, Linda Lapointe, Ruby Sahota — 5.
Pursuant to the order adopted by the Committee on Tuesday, May 3, 2016, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:
That Bill C-76, in Clause 323, be amended by replacing line 7 on page 184 with the following:
“results or integrity of an election,”
After debate, the question was put on the amendment of Elizabeth May and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.
“(d) attempts to commit any offence referred to in paragraphs (a) to (c).”
After debate, the question was put on the amendment of Ruby Sahota and it was agreed to, by a show of hands: YEAS: 9; NAYS: 0.
Clause 323, as amended, carried on division.
By unanimous consent, Clauses 324 and 325 carried severally.
On Clause 326,
Stephanie Kusie moved, — That Bill C-76, in Clause 326, be amended(a) by replacing lines 33 to 35 on page 185 with the following:
“(unauthorized use of personal information recorded in Register of Electors) is guilty of an offence.”
(b) by replacing line 3 on page 186 with the following:
“Register of Future Electors) or paragraph (e.1) (unauthorized use of personal information recorded in Register of Future Electors) is guilty of an offence.”
After debate, the question was put on the amendment of Stephanie Kusie and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.
Clause 326 carried on division.
On Clause 327,
Stephanie Kusie moved, — That Bill C-76, in Clause 327, be amended by replacing line 6 on page 186 with the following:“(c) knowingly contravenes subsection 91(1) (making or publish-”
After debate, the question was put on the amendment of Stephanie Kusie and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.
“(a) knowingly contravenes subsection 91(1) (making or publish-”
After debate, the question was put on the amendment of Stephanie Kusie and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.
Clause 327 carried on division.
Clause 328 carried.
Clause 329 carried.
Clause 330 carried.
Clause 331 carried on division.
Clause 332 carried on division.
Clause 333, as amended, carried on division.
By unanimous consent, Clauses 334 and 335 carried severally.
On Clause 336,
Chris Bittle moved, — That Bill C-76, in Clause 336, be amended(a) by replacing line 9 on page 193 with the following:
“(h) being a third party, knowingly contravenes subsection 349.91(1) or”
(b) by replacing line 12 on page 193 with the following:
“(i) being a third party, contravenes paragraph 349.93(a) or knowingly con-”
After debate, the question was put on the amendment of Chris Bittle and it was agreed to, by a show of hands: YEAS: 9; NAYS: 0.
Clause 336, as amended, carried on division.
Clause 337, as amended, carried on division.
Clause 338 carried on division.
Clause 339, as amended, carried on division.
On Clause 340,
Stephanie Kusie moved, — That Bill C-76, in Clause 340, be amended(a) by replacing lines 24 and 25 on page 195 with the following:
“340 (1) Subsection 497.1(1) of the Act is amended by adding the following after paragraph (g):”
(b) by adding after line 37 on page 195 the following:
“(1.1) Paragraph 497.1(1)(h) of the Act is replaced by the following:”
(c) by adding after line 21 on page 196 the following:
“(4.1) Subsection 497.1(3) of the Act is amended by adding the following after paragraph (h.1):”
After debate, the question was put on the amendment of Stephanie Kusie and it was negatived, by a show of hands: YEAS: 2; NAYS: 5.
(a) by deleting lines 26 to 37 on page 195.
(b) by deleting lines 22 to 30 on page 196.
After debate, the question was put on the amendment of Stephanie Kusie and it was negatived, by a show of hands: YEAS: 2; NAYS: 5.
(a) by replacing lines 26 to 35 on page 195 with the following:
“(g.1) being a registered party or a person acting on”
(b) by deleting lines 22 to 30 on page 196.
After debate, the question was put on the amendment of Stephanie Kusie and it was negatived, by a show of hands: YEAS: 2; NAYS: 5.
Clause 340, as amended, carried on division.
On Clause 341,
Stephanie Kusie moved, — That Bill C-76, in Clause 341, be amended(a) by replacing lines 36 and 37 on page 196 with the following:
“341 (1) Subsection 497.2(1) of the Act is amended by adding the following after paragraph (a):”
(b) by adding after line 5 on page 197 the following:
“(1.1) Paragraph 497.2(1)(b) of the Act is replaced by the following:”
(c) by replacing lines 9 and 10 on page 197 with the following:
“(2) Subsection 497.2(3) of the Act is amended by adding the following after paragraph (a):”
(d) by adding after line 15 on page 197 the following:
“(3) Paragraph 497.2(3)(b) of the Act is replaced by the following:”
After debate, the question was put on the amendment of Stephanie Kusie and it was negatived, by a show of hands: YEAS: 2; NAYS: 5.
(a) by deleting lines 1 to 5 on page 197.
(b) by deleting lines 11 to 15 on page 197.
After debate, the question was put on the amendment of Stephanie Kusie and it was negatived, by a show of hands: YEAS: 2; NAYS: 5.
Clause 341, as amended, carried on division.
Clause 342 carried.
On Clause 343,
Stephanie Kusie moved, — That Bill C-76, in Clause 343, be amended by replacing lines 19 and 20 on page 198 with the following:“section 477.52(1) (exceeding election expenses limit);
(e.1) being a candidate, an official agent, a person au-”
After debate, the question was put on the amendment of Stephanie Kusie and it was negatived, by a show of hands: YEAS: 2; NAYS: 5.
Clause 343 carried on division.
Clause 344 carried on division.
Clause 345 carried.
On Clause 346,
David de Burgh Graham moved, — That Bill C-76, in Clause 346, be amended by replacing line 20 on page 201 with the following:“(5.1) Every third party that is guilty of an offence under paragraph 495.21(1)(a) or (b) or subsection 495.21(2) is, in addition to the punishment provided under subsection (1) or (5), liable to a fine of up to five times the amount of the funds whose source was a foreign entity that were used, or the amount of the funds that were used to circumvent the prohibition on using funds whose source is a foreign entity.
(5.2) Every third party that is guilty of an offence under”
After debate, the question was put on the amendment of David de Burgh Graham and it was agreed to, by a show of hands: YEAS: 6; NAYS: 3.
“(7) Every third party that is guilty of an offence under section 349.3, subsection 349.4(1), section 349.95 or 351.01 or subsection 351.1(1),
(a) if then registered as a third party for a pre-election period or an election period in progress, shall be deemed from the time of conviction to cease to be registered as a third party; and
(b) for the purposes of Part 17, shall be deemed to be a foreign third party for a period of five years following the time of conviction.”
Debate arose thereon.
John Nater moved, — That the amendment be amended by deleting subparagraph (a).
The question was put on the subamendment of John Nater and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.
The question was put on the amendment of Stephanie Kusie and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.
Clause 346, as amended, carried.
On new Clause 346.1,
Stephanie Kusie moved, — That Bill C-76 be amended by adding after line 31 on page 201 the following new clause:“346.1 The Act is amended by adding the following after section 501:
501.1 (1) If a registered party, its chief agent or registered agent or one of its officers has been convicted of an offence referred to in paragraph 495.3(2)(b), 496(2)(b) or 497.1(3)(j), the court may, having regard to the nature of the offence and the circumstances surrounding its commission, and in addition to any other punishment that may be imposed under this Act, by order,
(a) direct the Chief Electoral Officer to deregister the party;
(b) if it directs deregistration under paragraph (a), direct the chief agent — or another person specified by the court — to liquidate the party’s assets; and
(c) if it directs liquidation under paragraph (b), direct the financial agent of each registered association — or another person specified by the court — to liquidate the registered association’s assets.
(2) The chief agent or specified person shall, within six months after being directed to liquidate the party’s assets under subsection (1), provide to the Chief Electoral Officer
(a) a statement — prepared in accordance with generally accepted accounting principles — of the fair market value of the party’s assets and liabilities on the day of the order;
(b) a report by the party’s auditor to the chief agent or specified person containing the auditor’s opinion as to whether the statement presents, in accordance with generally accepted auditing standards, the fair market value of those assets and liabilities; and
(c) a declaration in the prescribed form by the chief agent or specified person concerning that statement.
(3) Within three months after providing the documents referred to in subsection (2), the chief agent or specified person shall remit an amount equal to any net balance of the assets over liabilities, calculated on the basis of the statement mentioned in paragraph (2)(a), to the Chief Electoral Officer, who shall forward that amount to the Receiver General.
(4) The chief agent or specified person is liable for the remittance of the amount referred to in subsection (3).
(5) Subsections (2) to (4) apply to the liquidation of a registered association’s assets under subsection (1) and any reference in those subsections to “party” and “chief agent” shall be read as a reference to “registered association” and “financial agent”, respectively.”
After debate, the question was put on the amendment of Stephanie Kusie and it was negatived on the following recorded division:
YEAS: Nathan Cullen, Stephanie Kusie, John Nater, Scott Reid — 4;
NAYS: Chris Bittle, David de Burgh Graham, Majid Jowhari, Linda Lapointe, Ruby Sahota — 5.
On Clause 347,
Stephanie Kusie moved, — That Bill C-76, in Clause 347, be amended by replacing line 32 on page 201 with the following:“347 (1) Subsection 502(1) of the Act is amended by adding the following after paragraph (a):
(a.1) being a candidate, contravenes subsection 282.4(4) (collusion);
(1.1) Paragraph 502(1)(e) of the Act is replaced”
After debate, the question was put on the amendment of Stephanie Kusie and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.
Clause 347 carried on division.
Clause 348 carried.
Clause 349, as amended, carried on division.
On new Clause 349.1,
Stephanie Kusie moved, — That Bill C-76 be amended by adding after line 12 on page 204 the following new clause:“349.1 The Act is amended by adding the following after section 505.4:
505.5 (1) For the purposes of an offence or violation under any of paragraphs 495.3(2)(b) to (d), 497.1(1)(g.3) or (h.1) or 497.1(3)(h.4) or (j) or 497.4(1)(e) or (2)(h), collusion, in respect of election advertising, election surveys, partisan activities or partisan advertising, is deemed to have occurred if a third party, registered party, registered association, candidate, potential candidate or nomination contestant, or any of their employees, agents or mandataries or contractors,
(a) requested or suggested that an advertising message be created, produced, transmitted or distributed, or assented to the creation, production, transmission or distribution of an advertising message;
(b) requested or suggested that an election survey be conducted or that a partisan activity be organized or carried out;
(c) was materially involved in decisions regarding
(i) the content, target audience, dissemination, transmission or distribution of an advertising message,
(ii) the preparation or conducting of an election survey, including in respect of the survey questions, the geographical areas and demographic groups to be surveyed, the sample size and the period during which the survey is to be conducted, or
(iii) the organization or carrying out of a partisan activity;
(d) engaged in discussions with the person or entity responsible for an advertising message, or with any of their employees, agents or mandataries or contractors, that were material to
(i) the creation, production, transmission or distribution of an advertising message,
(ii) the preparation or conducting of an election survey, or
(iii) the organization or carrying out of a partisan activity; or
(e) conveyed information about the plans or needs of a third party, registered party, registered association, candidate, potential candidate or nomination contestant for the purpose of contributing materially to
(i) the creation, production, transmission or distribution of an advertising message,
(ii) the preparation or conducting of an election survey, or
(iii) the organization or carrying out of a partisan activity.
(2) For greater certainty, collusion can occur in the absence of a formal agreement.
(3) For the purposes of subsection (1), an employee, an agent or mandatary or a contractor includes a person who was an employee, an agent or mandatary or a contractor at any time during the four months before the day on which the collusion is deemed to have occurred.
(4) The following activities do not, on their own, constitute collusion:
(a) the endorsement of a registered party, candidate, potential candidate or nomination contestant, or the communication directly, in any form, of such an endorsement by a person, group, corporation or trade union to their members, employees or shareholders, as the case may be;
(b) inquiries as to the position of a registered party, candidate, potential candidate, registered association or nomination contestant on legislation or on a policy matter;
(c) the exchange or use of publicly available information;
(d) an invitation to attend a public event or joint attendance at a public event;
(e) the use of a common vendor, unless that vendor is acting as an intermediary for the third party, registered party, candidate, potential candidate or nomination contestant in respect of any of the activities listed in paragraphs (1)(a) to (e);
(f) the conveyance of information that is not material to
(i) the creation, production, transmission or distribution of an advertising message,
(ii) the preparation or conducting of an election survey, or
(iii) the organization or carrying out of a partisan activity.”
After debate, the question was put on the amendment of Stephanie Kusie and it was negatived on the following recorded division:
YEAS: Stephanie Kusie, John Nater, Scott Reid — 3;
NAYS: Chris Bittle, Nathan Cullen, David de Burgh Graham, Majid Jowhari, Linda Lapointe, Ruby Sahota — 6.
On Clause 350,
Stephanie Kusie moved, — That Bill C-76, in Clause 350, be amended by replacing lines 16 and 17 on page 204 with the following:“508.1 Every person or entity that contravenes a provision of any of Parts 16, 17”
After debate, the question was put on the amendment of Stephanie Kusie and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.
“(3) The minimum administrative monetary penalty shall be $1,000 for a candidate or official agent who contravenes a provision of this Act in respect of
(a) the documents to be provided under section 477.59; or
(b) the return of any unused forms referred to in section 477.86.
(4) The minimum administrative penalty referred to in subsection (3) shall, for the purposes of section 508.2, apply only to a first violation.”
After debate, the question was put on the amendment of Stephanie Kusie and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.
“(3) Despite subsections (1) and (2), the amount of the administrative monetary penalty shall not exceed the amount of the maximum fine to which a person may be liable on summary conviction for an offence in respect of the act or omission to which the violation relates.”
After debate, the question was put on the amendment of John Nater and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.
Clause 350 carried on division.
Clause 351 carried on division.
On Clause 352,
Stephanie Kusie moved, — That Bill C-76, in Clause 352, be amended(a) by replacing line 22 on page 206 to line 5 on page 207 with the following:
“352 Section 509.2 of the Act is replaced by the following:”
(b) by deleting lines 21 to 24 on page 207.
After debate, the question was put on the amendment of Stephanie Kusie and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.
The Chair ruled that the following two (2) amendments were consequential to the previous amendment and therefore they were also negatived:
That Bill C-76, in Clause 367, be amended by replacing line 35 on page 226 with the following:“a general election, provide a report to the Chief Electoral”
That Bill C-76, in Clause 379, be amended by replacing lines 3 and 4 on page 231 with the following:
“the Chief Electoral Officer — and in the portion of the federal public administration in the Office of the Director of Public Prosecutions in which the”
After debate, the question was put on the amendment of Stephanie Kusie and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.
The Chair ruled that the following four (4) amendments were consequential to the previous amendment and therefore they were also negatived:
That Bill C-76, in Clause 358, be amended by replacing lines 25 to 29 on page 212 with the following:“358 (1) Subsection 510.1(2) of the Act is amended by adding the following after paragraph (c):”
That Bill C-76, in Clause 360, be amended by replacing lines 15 to 24 on page 213 with the following:
“360 Subsection 511(3) of the Act is repealed.”
That Bill C-76, in Clause 363, be amended
(a) by replacing lines 25 to 32 on page 214 with the following:
“(4) Subsection 517(8) of the Act is replaced by the following:”
(b) by deleting lines 5 to 13 on page 215.
That Bill C-76, in Clause 364, be amended
(a) by replacing line 14 on page 215 with the following:
“364 Sections 519 to 521 of the Act are replaced by”
(b) by deleting lines 16 to 27 on page 215.
(c) by replacing line 36 on page 215 to line 3 on page 216 with the following:
“(b) the Commissioner may refer the matter to the Director of Public Prosecutions for any action the Director considers appropriate or that, if a prosecution was suspended by virtue of subsection 517(8), it may be resumed.”
(d) by replacing lines 5 to 8 on page 216 with the following:
“notice to the Director of Public Prosecutions if the matter has been referred to the Director.”
“spect of any matter — other than an investigation by the Chief Electoral Officer or a member of his or her staff — if the Commissioner considers it ap-”
Debate arose thereon.
John Nater moved, — That the amendment be amended by replacing the word “by” with the word “of”.
The question was put on the subamendment of John Nater and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.
The question was put on the amendment of Stephanie Kusie and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.
Clause 352 carried on division.
By unanimous consent, Clauses 353 to 356 inclusive carried on division severally.
On Clause 357,
Stephanie Kusie moved, — That Bill C-76, in Clause 357, be amended(a) by replacing lines 29 and 30 on page 208 with the following:
“believe that this Act has been contravened and that an individual has or is likely to”
(b) by replacing lines 15 and 16 on page 209 with the following:
“an individual who is alleged to have committed the contravention to which the applica-”
After debate, the question was put on the amendment of Stephanie Kusie and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.
At 11:03 a.m., the sitting was suspended.
At 11:10 a.m., the sitting resumed.
(a) by replacing lines 2 and 3 on page 210 with the following:
“parte, all documents relating to the application may, if the judge orders and subject to any terms and conditions that the judge con-”
(b) by replacing line 16 on page 210 with the following:
“parte, the judge may make an order prohibiting a person”
(c) by replacing line 12 on page 211 with the following:
“parte unless the judge otherwise orders.”
After debate, the question was put on the amendment of Stephanie Kusie and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.
“510.011 (1) An individual named in an order made under section 510.01(1) may, before the order expires, apply in writing to the judge who made the order, or another judge of the same court, for an exemption from the requirement to make and deliver any written return referred to in the order.
(2) An individual may only make an application if they give notice of their intention to do so to the Commissioner or his or her authorized representative.
(3) The execution of an order is suspended in respect of any written return referred to in the application until a final decision is made in respect of the application.
(4) The judge may grant the exemption if he or she is satisfied that
(a) the written return would disclose information that is privileged or otherwise protected from disclosure by law;
(b) it is unreasonable to require the applicant to make and deliver the written return; or
(c) the information that is required to be shown in the written return is not in the possession or control of the applicant.”
After debate, the question was put on the amendment of Stephanie Kusie and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.
“510.05 Within one year of a decision to cease an investigation, not to institute a prosecution, or not to serve a notice of violation, the Commissioner shall destroy or cause to be destroyed records of any testimony given or of any written return delivered under an order made under section 510.01(1) in respect of the relevant investigation.”
After debate, the question was put on the amendment of Stephanie Kusie and it was negatived, by a show of hands: YEAS: 2; NAYS: 5.
Clause 357, as amended, carried on division.
On Clause 358,
Stephanie Kusie moved, — That Bill C-76, in Clause 358, be amended by replacing lines 30 to 32 on page 212 with the following:“(c.1) when a review by the Director of Public Prosecutions is requested under section 521.14, information that the Director of Public Prosecutions requires;”
After debate, the question was put on the amendment of Stephanie Kusie and it was negatived, by a show of hands: YEAS: 2; NAYS: 6.
The Chair ruled that the following six (6) amendments were consequential to the previous amendment and therefore they were also negatived:
That Bill C-76, in Clause 365, be amended(a) by replacing line 4 on page 217 with the following:
“quest a review by the Director of Public Prosecutions or the”
(b) by replacing lines 15 to 17 on page 217 with the following:
“(2) The manner for requesting a review by the Director of Public Prosecutions that is set out in the notice of violation requires the Director of Public Prosecutions’ prior approval.”
(c) by replacing lines 19 and 20 on page 217 with the following:
“the notice of violation is received by the Director of Public Prosecutions or the Commissioner, as the case may be, the”
That Bill C-76, in Clause 365, be amended by replacing line 12 on page 219 with the following:
“(b) request a review by the Director of Public Prosecutions with”
That Bill C-76, in Clause 365, be amended
(a) by replacing line 20 on page 219 with the following:
“the Director of Public Prosecutions or the Commissioner, as the”
(b) by replacing line 28 on page 219 with the following:
“(2) The Director of Public Prosecutions or the Commissioner, as”
(c) by replacing line 32 on page 219 with the following:
“(3) The Director of Public Prosecutions or the Commissioner, as”
(d) by replacing line 35 on page 219 with the following:
“that requested the review. The Director of Public Prosecutions”
(e) by replacing line 1 on page 220 with the following:
“(4) If the Director of Public Prosecutions or the Commissioner, as”
That Bill C-76, in Clause 365, be amended by replacing lines 5 to 7 on page 222 with the following:
“521.21 (1) Service of a copy of a decision of the Director of Public Prosecutions must be made in the manner set out on the Director of Public Prosecutions' Internet site.”
That Bill C-76, in Clause 365, be amended by replacing line 9 on page 223 with the following:
“521.23 The Director of Public Prosecutions and the Commission-”
That Bill C-76, in Clause 374, be amended by adding after line 35 on page 229 the following:
“(3) The Director of Public Prosecutions is the respondent in respect of an application for judicial review of a decision he or she makes, as well as of a decision made by any of the following:
(a) a Deputy Director of Public Prosecutions acting under subsection 6(4) of the Director of Public Prosecutions Act; or
(b) any person to whom the Director of Public Prosecutions has delegated any of his or her powers, duties and functions.”
Clause 358 carried on division.
Clause 359 carried.
Clause 360 carried.
Clause 361 carried on division.
Clause 362 carried.
Clause 363 carried on division.
Clause 364 carried on division.
Clause 365 carried on division.
On new Clause 365.1,
Stephanie Kusie moved, — That Bill C-76 be amended by adding after line 16 on page 226 the following new clause:“365.1 The Act is amended by adding the following after section 533:
533.1 In the report published under section 533, the Chief Electoral Officer shall set out the results of special ballots cast in accordance with Divisions 2 to 5 of Part 11, grouped as follows, as if each were a separate polling division:
(a) Divisions 2 and 5;
(b) Division 3; and
(c) Division 4.”
After debate, the question was put on the amendment of Stephanie Kusie and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.
Clause 366 carried on division.
On new Clause 366.1,
Stephanie Kusie moved, — That Bill C-76 be amended by adding after line 25 on page 226 the following new clause:“366.1 The Act is amended by adding the following after section 536.1:
536.2 After the submission to the House of Commons of a report under section 535 in relation to the first general election following the coming into force of this section, any committee of that House to which the report is referred shall, in addition to considering the report, consider the effects of the provisions of this Act concerning pre-election spending, third parties and foreign influence that came into force on the same day as this section.”
After debate, the question was put on the amendment of Stephanie Kusie and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.
Clause 367 carried on division.
By unanimous consent, Clauses 368 and 369 carried severally.
On new Clause 369.1,
Stephanie Kusie moved, — That Bill C-76 be amended by adding after line 13 on page 227 the following new clause:“369.1 The Act is amended by adding the following before section 540:
539.1 In section 540, a reference to the Register of Electors includes a reference to the Register of Future Electors.”
After debate, the question was put on the amendment of Stephanie Kusie and it was agreed to, by a show of hands: YEAS: 9; NAYS: 0.
On Clause 370,
Stephanie Kusie moved, — That Bill C-76, in Clause 370, be amended by replacing line 18 on page 227 with the following:“statements, other than election documents, including the documents prepared under paragraph 162(i.1), received from”
After debate, the question was put on the amendment of Stephanie Kusie and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.
Clause 370 carried on division.
On Clause 371,
David de Burgh Graham moved, — That Bill C-76, in Clause 371, be amended by replacing lines 26 to 32 on page 227 with the following:“541.1 The Chief Electoral Officer shall, within 180 days after the return of the writ, make available in electronic form, or in formats that include electronic form, to each candidate and to each registered party that endorsed a candidate in an electoral district a statement, prepared using documents prepared under paragraph 162(i.1), of electors who exercised their right to vote in the electoral district on polling day who can be identified using those documents.”
After debate, the question was put on the amendment of David de Burgh Graham and it was agreed to, by a show of hands: YEAS: 9; NAYS: 0.
Clause 371, as amended, carried.
On Clause 372,
Stephanie Kusie moved, — That Bill C-76, in Clause 372, be amended by adding after line 18 on page 228 the following:“(5) No solemn declaration made under this Act shall be invalid, void or voidable because the person making it added or spoke words or used forms or mannerisms normally associated with an oath.”
After debate, the question was put on the amendment of Stephanie Kusie and it was negatived on the following recorded division:
YEAS: Nathan Cullen, Stephanie Kusie, John Nater, Scott Reid — 4;
NAYS: Chris Bittle, David de Burgh Graham, Linda Lapointe, Michael Levitt, Ruby Sahota — 5.
“(a) the other elector resides in the electoral district;”
Nathan Cullen moved, — That the amendment be amended by replacing the words “the electoral district” with the words “a polling division assigned to the polling station;”.
The question was put on the subamendment of Nathan Cullen and it was agreed to.
The question was put on the amendment of Nathan Cullen, as amended, and it was agreed to.
Clause 372, as amended, carried.
Clause 373 carried.
Clause 374 carried on division.
Clause 375 carried.
On Clause 376,
John Nater moved, — That Bill C-76, in Clause 376, be amended by replacing lines 1 to 3 on page 230 with the following:“376 Schedule 3 to the Act is amended by replacing
(a) “Manicouagan”, under the heading “Province of Quebec”, with “Côte-Nord”;
(b) “Fort McMurray—Cold Lake”, under the heading “Province of Alberta”, with “Fort McMurray—Lac La Biche—Cold Lake”; and
(c) “Western Arctic” under the heading “Northwest Territories” with “Northwest Territories”.
Debate arose thereon.
Scott Reid moved, — That the amendment be amended by
(a) replacing the words “replacing line 1 to” with the words “adding after line”
(b) replacing the words “376 Schedule” with the words “(2) Schedule”
(c) deleting all the words after the words “Cold Lake”
The question was put on the subamendment of Scott Reid and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.
The question was put on the amendment of John Nater and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.
Clause 376 carried on division.
On Clause 377,
Stephanie Kusie moved, — That Bill C-76, in Clause 377, be amended by replacing line 4 on page 230 with the following:“377 (1) Paragraph 13(b) of Schedule 4 to the Act is replaced by the following:
(b) if any ballots were placed with that envelope as a result of the earlier examination of another envelope, the handler shall place those ballots in a pile or, in the case of ballots cast at a polling station, a pile for each of the polling divisions that was assigned to the polling station;
(1.1) Paragraph 13(c) of Schedule 4 to the Act is replaced by the following:
(c) the handler shall unseal the envelope, take the first of those ballots and, if the ballots were cast at a polling station, having regard to the polling division written in the space indicated in Form 3 of Schedule 1,
(i) if a counting pile has already been established for that polling division, place it on the counting pile, and
(ii) if no counting pile has yet been established for that polling division, establish one with that first ballot;
(1.2) Paragraph 13(j) of Schedule 4 to the Act is replaced by the following:
(j) for each subsequent ballot in the envelope, the handler shall place it on top of the appropriate counting pile or establish a new counting pile, as the case may be, and steps (d) to (i) apply with respect to it; and
(1.3) Paragraph 18(d) of Schedule 4 to the Act”
After debate, the question was put on the amendment of Stephanie Kusie and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.
Clause 377 carried on division.
On new Clause 377.1,
Nathan Cullen moved, — That Bill C-76 be amended by adding after line 16 on page 230 the following new clause:“Review - Voting Age
377.1 No later than one year after the day that is the first polling day at a general election after this section comes into force, the Chief Electoral Officer shall make a report to the Speaker of the House of Commons that sets out his or her conclusions and recommendations with respect to lowering the age at which a Canadian citizen is qualified as an elector to 17 years of age and shall publish the report on his or her Internet site.”
After debate, the question was put on the amendment of Nathan Cullen and it was negatived, by a show of hands: YEAS: 2; NAYS: 5.
“Implementation — Electoral Reform
377.1 (1) On any of the first five sitting days that is one year after the day on which this section comes into force, the Prime Minister shall cause to be tabled in the House of Commons a report that sets out the measures the government is implementing in response to the recommendations of the Third Report of the Special Committee on Electoral Reform entitled "Strengthening Democracy in Canada: Principles, Process and Public Engagement for Electoral Reform", tabled in the House of Commons on December 1, 2016. The report must also explain how the implementation of those measures will reduce distortion between the level of popular support expressed at an election and the resulting seat allocation of parties in the House of Commons.
(2) On any of the first five sitting days that is one year after the day on which the report under subsection (1) is tabled in the House of Commons, the Prime Minister shall cause to be tabled in the House a report that sets out the timeline with respect to implementation of each measure set out in the report under subsection (1).
(3) If a timeline included in the report under subsection (2) changes, the Prime Minister shall report the change and the reasons for it to the House of Commons as soon as feasible.”
The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 770 of House of Commons Procedure and Practice, Third Edition.
“Leaders' Debates
377.1 (1) On any of the first five sitting days after the first anniversary of the day on which this section comes into force, the Prime Minister shall cause to be tabled in the House of Commons a report that sets out the measures the government is implementing in response to the recommendations of the 55th Report of the Standing Committee of Procedure and House Affairs entitled “The Creation of an Independent Commissioner Responsible for Leaders’ Debates” tabled in the House on March 19, 2018 as Sessional Paper 8510-421-357.
(2) On any of the first five sitting days after the first anniversary of the day on which the report under subsection (1) is tabled, the Prime Minister shall cause to be tabled in the House a report that sets out the timeline with respect to the implementation of each measure set out in the report under subsection (1).
(3) If a timeline included in the report under subsection (2) changes, the Prime Minister shall report the change and the reason for it to the House of Commons at the first convenient opportunity.”
The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 770 of House of Commons Procedure and Practice, Third Edition.
Pursuant to the order adopted by the Committee on Tuesday, May 3, 2016, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:
That Bill C-76 be amended by adding after line 16 on page 230 the following new clause:
“Leaders’ Debates
377.1 (1) No later than five sitting days after the first anniversary of the day on which this Act receives royal assent, the Chief Electoral Officer shall make a report to the Speaker of the House of Commons setting out recommendations for the holding of debates between the leaders of registered parties during the election period for a general election.
(2) In preparing the report under subsection (1), the Chief Electoral Officer shall consult with the leader of each registered party that, on the day this Act receives royal assent, has at least one member who is a Member of the House of Commons.
(3) The Speaker of the House of Commons shall provide the report to the House of Commons without delay.”
The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 770 of House of Commons Procedure and Practice, Third Edition.
On Clause 378,
Linda Lapointe moved, — That Bill C-76, in Clause 378, be amended by replacing lines 17 to 27 on page 230 with the following:“378 Section 31 of the Parliament of Canada Act is amended by adding the following after subsection (1):
(1.1) Despite subsection (1), no writ for the election of a member of the House shall be issued if the vacancy occurs in the House of Commons less than nine months before the date fixed under subsection 56.1(2) of the Canada Elections Act for the holding of a general election.”
After debate, the question was put on the amendment of Linda Lapointe and it was agreed to, by a show of hands: YEAS: 9; NAYS: 0.
Clause 378, as amended, carried.
Clause 379 carried on division.
By unanimous consent, Clauses 380 to 383 inclusive carried severally.
On new Clause 383.1,
Stephanie Kusie moved, — That Bill C-76 be amended by adding after line 36 on page 232 the following new clause:“383.1 If section 262 comes into force during a pre-election period as defined in subsection 2(1) of the Canada Elections Act, that Act, as it read immediately before the day on which that section 262 comes into force, applies with respect to that pre-election period.”
After debate, the question was put on the amendment of Stephanie Kusie and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.
On Clause 384,
Linda Lapointe moved, — That Bill C-76, in Clause 384, be amended by(a) replacing line 37 on page 232 with the following:
“384 (1) If section 1 comes into force during an”
(b) replacing line 3 on page 233 with the following:
“section 1 comes into force and that are still out-”
(c) by replacing line 15 on page 233 with the following:
“which section 1 comes into force but both the”
After debate, the question was put on the amendment of Linda Lapointe and it was agreed to, by a show of hands: YEAS: 5; NAYS: 3.
“(1.1) For greater certainty, the obligations and rights referred to in subsection (1) include the obligations and rights:
(a) of a candidate, including those with respect to information to be provided in relation to their election expenses;
(b) of a registered party, including those with respect to information to be provided in relation to its election expenses; and
(c) of a third party, including those with respect to information to be provided in relation to its election advertising expenses.”
After debate, the question was put on the amendment of Stephanie Kusie and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.
Clause 384, as amended, carried on division.
By unanimous consent, Clauses 385 to 394 inclusive carried on division severally.
On Clause 395,
Stephanie Kusie moved, — That Bill C-76, in Clause 395, be amended by deleting lines 14 to 19 on page 237.After debate, the question was put on the amendment of Stephanie Kusie and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.
Clause 395 carried.
By unanimous consent, Clauses 396 to 400 inclusive carried on division severally.
On Clause 401,
Stephanie Kusie moved, — That Bill C-76, in Clause 401, be amended(a) by replacing line 1 on page 240 with the following:
“401 (1) Subject to subsection (2), this Act, other than sections 351, 389, 399 and”
(b) by adding after line 16 on page 240 the following:
“(2) Sections 246 and 262, subsection 268(2.1), section 271, subsections 340(1) and (4.1) and 341(1) and (2) come into force on January 1, 2021.”
After debate, the question was put on the amendment of Stephanie Kusie and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.
“400, comes into force on the day that is one year after the day on which it receives royal assent unless, before”
After debate, the question was put on the amendment of Stephanie Kusie and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.
“last day of that sixth month.”
After debate, the question was put on the amendment of Stephanie Kusie and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.
“then, but not earlier than five months after the day on which this Act receives royal assent, the Chief Electoral Officer publishes a no-”
After debate, the question was put on the amendment of Stephanie Kusie and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.
Clause 401 carried on division.
The schedule carried.
Clause 1, Short Title, carried on division.
The Title carried on division.
The Bill, as amended, carried on the following recorded division:
YEAS: Chris Bittle, Nathan Cullen, David de Burgh Graham, Linda Lapointe, Michael Levitt, Ruby Sahota — 6;
NAYS: Stephanie Kusie, John Nater, Scott Reid — 3.
ORDERED, — That the Chair report the Bill, as amended, to the House.
ORDERED, — That Bill C-76, as amended, be reprinted for the use of the House at report stage.
At 1:04 p.m., the Committee adjourned to the call of the Chair.