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.

On the agenda

MPs speaking

Also speaking

Marc Mayrand  Chief Electoral Officer, Elections Canada
François Bernier  Director, Legal Services, Elections Canada

2:55 p.m.

Chief Electoral Officer, Elections Canada

Marc Mayrand

I believe 10 office holders are sitting in the House, not 17.

2:55 p.m.

Liberal

Karen Redman Liberal Kitchener Centre, ON

There are 17 MPs, 10 of whom hold public office.

2:55 p.m.

Chief Electoral Officer, Elections Canada

Marc Mayrand

That sanction applies only if the return has not been filed—in cases of failure to file a return or a conviction for having filed a false return. No such case has arisen for any member of the House.

2:55 p.m.

Liberal

Karen Redman Liberal Kitchener Centre, ON

In your presentation you said that the penalties can be quite severe. Obviously, Elections Canada takes all of this very seriously, with extreme sanctions possible as the process goes forward.

2:55 p.m.

Chief Electoral Officer, Elections Canada

Marc Mayrand

Absolutely. As I indicated today, it's not a decision that lies with any particular individual. It's a decision that is the object of much checking and balancing before proceeding.

2:55 p.m.

Liberal

Karen Redman Liberal Kitchener Centre, ON

You've covered this off incidentally in other answers. But from time to time, parties will come to you and ask if a practice is acceptable. So even during elections, it would not be unusual for parties to come and clarify as they go forward.

2:55 p.m.

Chief Electoral Officer, Elections Canada

Marc Mayrand

That is correct. We have a hotline with counsel at Elections Canada that is available only to parties. If there is anything they need from Elections Canada during the campaign, they can use that line to raise issues.

2:55 p.m.

Liberal

Karen Redman Liberal Kitchener Centre, ON

Thank you.

2:55 p.m.

Liberal

The Chair Liberal Paul Szabo

Mr. Goodyear.

July 15th, 2008 / 2:55 p.m.

Conservative

Gary Goodyear Conservative Cambridge, ON

Thank you, Mr. Chair.

Mr. Mayrand, I'd like to continue with some questioning about advertising and its purpose. Must the broadcast time be purchased by the agent of a candidate, or can it be done by someone else, a registered party, for example, for the candidate, or purchased by a party and then resold to the candidate?

2:55 p.m.

Chief Electoral Officer, Elections Canada

Marc Mayrand

If it's purchased by somebody other than the official agent, it has to be authorized in writing.

2:55 p.m.

Conservative

Gary Goodyear Conservative Cambridge, ON

It has to be authorized in writing?

2:55 p.m.

Chief Electoral Officer, Elections Canada

Marc Mayrand

In writing, by the official agent.

2:55 p.m.

Conservative

Gary Goodyear Conservative Cambridge, ON

I'm going to ask you if you could submit to the committee at some point the part of the act that says it has to be in writing. That would be appreciated. We'll get to the handbook later, where it actually says the only thing that's necessary in writing is the payment of petty expenses.

Have other parties done this kind of transfer and media buy, purchasing broadcasting time?

2:55 p.m.

Chief Electoral Officer, Elections Canada

Marc Mayrand

Again, there are all sorts of transaction practices that vary from party to party.

2:55 p.m.

Conservative

Gary Goodyear Conservative Cambridge, ON

So there would be some times when they purchased broadcasting time? Is the answer yes?

2:55 p.m.

Chief Electoral Officer, Elections Canada

Marc Mayrand

My hesitation is that I'm not personally aware of a case. It doesn't mean it doesn't happen.

2:55 p.m.

Conservative

Gary Goodyear Conservative Cambridge, ON

Must the advertising expressly promote the candidate by name, or is it sufficient that the candidate's tag line appear on the ad?

2:55 p.m.

Chief Electoral Officer, Elections Canada

Marc Mayrand

The tag line is only used to determine the attribution of the advertisement. It indicates that, yes, it's been authorized by the agent, so it's to make it clear to the public who the advertisement should be attributed to. It has nothing to do with whether the expense for that advertising has been incurred.

2:55 p.m.

Conservative

Gary Goodyear Conservative Cambridge, ON

But it is possible that the tag line is in fact all that's necessary under the act?

2:55 p.m.

Chief Electoral Officer, Elections Canada

Marc Mayrand

All that is required when the advertising is put out? Yes, it's to show attribution. It's not to show the expenses.

3 p.m.

Conservative

Gary Goodyear Conservative Cambridge, ON

Thank you.

Do you think it's necessary for the candidate to view the ad before the expense is incurred?

3 p.m.

Chief Electoral Officer, Elections Canada

Marc Mayrand

Is it a legal requirement? I don't think so. If I were a candidate, I'd be inclined to want to see it, but....

3 p.m.

Conservative

Gary Goodyear Conservative Cambridge, ON

Therefore, it's not required that the candidate see the ad. That makes sense; of course, it does.

Is it not a fact that in many cases the expense is incurred before the ad is even produced?

3 p.m.

Chief Electoral Officer, Elections Canada

Marc Mayrand

Produced, I'm not sure, but placed, yes.