Evidence of meeting #44 for Access to Information, Privacy and Ethics in the 39th Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was elections.
A recording is available from Parliament.
11:35 a.m.
Bloc
Carole Lavallée Bloc Saint-Bruno—Saint-Hubert, QC
You're simply considering the fact that the official agent did not sign the contract with the media placement firm.
11:35 a.m.
Chief Electoral Officer, Elections Canada
That's one of the five reasons I mentioned, that is to say the fact that the commercial value of the transactions was not explained. For example, in a group of candidates, one of those candidates may be required to pay $3,000, whereas his neighbour may have to pay $15,000 for the same type of advertising and the same frequency, essentially. That leads me to conclude that the actual commercial value of those expenses is not being stated. I wait for the proof of that commercial value before I can authorize an expense. I wait to have the proof that that expense was incurred. That's what I asked of candidates; I asked to be informed of that.
11:35 a.m.
Bloc
Carole Lavallée Bloc Saint-Bruno—Saint-Hubert, QC
You didn't get that proof. They haven't given it to you to date.
11:35 a.m.
Chief Electoral Officer, Elections Canada
Indeed, and that's why I chose or I decided to deny the claims as filed.
11:35 a.m.
Bloc
Carole Lavallée Bloc Saint-Bruno—Saint-Hubert, QC
As you explained at the outset, the reason why the Elections Act sets an expense limit is that we want to ensure transparency and fairness among the various parties. Consequently, it is thought within this government that the more they spend, the greater their chances of winning.
11:35 a.m.
Chief Electoral Officer, Elections Canada
It's not up to me to comment on or judge that.
11:35 a.m.
Bloc
Carole Lavallée Bloc Saint-Bruno—Saint-Hubert, QC
You have a greater chance of winning when you have an advertising campaign worth several millions of dollars more than those of the other parties.
11:35 a.m.
Chief Electoral Officer, Elections Canada
As I explained at the very start of my presentation, it is up to the political parties to choose the best ways to promote their ideas, their vision and their values. The way they do that is not the responsibility of Elections Canada. However, the act places limits on the manner in which they spend the money and the amounts of money they can devote to that.
11:35 a.m.
Bloc
Carole Lavallée Bloc Saint-Bruno—Saint-Hubert, QC
You said a little earlier that you hadn't looked at the content of the advertisements claimed under the regional program, that it wasn't important for you and that you weren't interested in that, that it was more the fact that the official agents themselves hadn't signed contracts with the agency that concerned you.
I haven't seen those advertisements, but I imagine someone from your office looked at them. It's fine to say that the content isn't important, but, if those advertisements had shown each of the candidates in that region and people had seen them all on television saying their names and saying that they were running in a riding in particular and that they were members of the Conservative Party, it seems to me that would have had an impact.
11:35 a.m.
Chief Electoral Officer, Elections Canada
It could have had an impact, but no factor is decisive in itself. You have to consider all factors as a whole.
11:35 a.m.
Bloc
Carole Lavallée Bloc Saint-Bruno—Saint-Hubert, QC
You decided not to consider this factor because content isn't the issue.
11:35 a.m.
Chief Electoral Officer, Elections Canada
No, I mentioned the five factors a little earlier in my presentation. In light of those five factors, I had no basis for believing that the expenses as claimed had been incurred. My next step was to see whether other considerations could lead me to reduce the impact of the five factors that were there. I therefore considered the advertising itself, among other things, but, when I studied it, I wasn't able to rule out the five factors that led to my decision.
11:40 a.m.
Chief Electoral Officer, Elections Canada
It didn't constitute a factor that could rule out the five factors I talked about.
11:40 a.m.
Bloc
Carole Lavallée Bloc Saint-Bruno—Saint-Hubert, QC
That's fine.
The Conservative Party claims that Elections Canada amended its interpretation of the Canada Elections Act in a manual on election expenses, if my memory serves me. I know that my colleague, Dominic LeBlanc, asked you that kind of question earlier.
Do you have the manuals the Conservative Party is talking about?
11:40 a.m.
Chief Electoral Officer, Elections Canada
You're asking me whether I have those manuals in my possession here, today?
11:40 a.m.
Bloc
Carole Lavallée Bloc Saint-Bruno—Saint-Hubert, QC
Perhaps not right now, but do those manuals, which the Conservative Party refers to, really exist?
11:40 a.m.
Chief Electoral Officer, Elections Canada
Yes, the manuals exist. They are available on the Elections Canada's website.
11:40 a.m.
Bloc
Carole Lavallée Bloc Saint-Bruno—Saint-Hubert, QC
Is the old one available as well, the one the Conservative Party is talking about?
11:40 a.m.
Chief Electoral Officer, Elections Canada
I can't assure you that it's available on the website, but it can be made available.
11:40 a.m.
Bloc
Carole Lavallée Bloc Saint-Bruno—Saint-Hubert, QC
It's nevertheless disturbing that the Conservative Party says there was an old interpretation at Elections Canada that allowed it to believe that what did was correct. Have you read both manuals? Is there indeed something that could lead it to believe it could act as it did?
11:40 a.m.
Chief Electoral Officer, Elections Canada
I previously answered your colleague's question on that subject. That matter is before the court. It's part of the debate that will be carried on before the Federal Court as to whether candidates could have been misled by the manuals or information forwarded by Elections Canada. Our position is they could not. The candidates are obviously entitled to their position. That's no doubt what the Federal Court will have to consider.