Thank you.
Yes, thanks for at least thinking about that. You have Bill C-33. It's got to go through second reading, and then it will get referred to this committee. It is conceivable that the bill will wind up before we've gone into the summer, and that could be an issue. I'm not saying that will happen, but it certainly is feasible.
I assume that the House is going to vote in favour of Bill C-33 at second reading, which inevitably sends it back to us, and that creates an issue, given the fact that we're talking about the Standing Orders right now.
There's a third piece of legislation from same minister that is highly relevant. Minister Gould indicated some time back—about a month back or perhaps a bit longer—that she would be producing election finance legislation to change aspects of how financing is done. We don't know all the things that are going to be included in this legislation. We do know certain things that won't be contained and certain things that will, but we don't know all the parameters of the legislation. I only know what has been reported in the media. It will not, for example, change the donation limit currently set at $1550—or $1500 set for inflation, which puts it currently a $1550.
It will deal with a requirement for the public reporting of fundraising events at which a minister is present. The logic there for the advance notification is that this does not serve... I think I'm characterizing Minister Gould's comments correctly when I say this means that fundraising events at which a person has paid, let's say for the sake of argument, $300 for a ticket, will not involve confidential access to a minister who is present. You still get access to a minister, but you wouldn't get access that the public doesn't know about until after the fact. You'd be able to know in advance.
My understanding is that the Liberal party has recently adopted this approach voluntarily, and, indeed, it looks like the attempt is to take a process that the Liberal party has adopted and codify it to make it required of all parties. Now, of course, only the Liberal party has ministers at the moment, to state the obvious, so I have a suspicion that this would also involve all members of Parliament. Anyone who is paying for attendance at any event at which the MP is present will be covered—except that they say purely local events won't covered. I don't know how they're going to do that exactly. Maybe it depends on whether the funds are going to the riding association or to the party. That's not clear to me. At any rate, last week I saw a newspaper article saying that this legislation was coming forward this spring and that the minister was in the process of consulting with the other parties about it.
I had somehow managed to get the idea in my head incorrectly that this legislation would be coming forward this autumn, not this spring. So I took the newspaper article and buttonholed the minister in the House, sat down beside her, and started chatting. It was meant to be brief chat. It wound up being a very awkward period for me because, almost immediately after I went over to sit with her, Kevin Lamoureux stood up, and I was in the camera shot. He proceeded to give a talk that was harshly critical of my House leader, so I had to sit on the floor and try to keep my head hidden behind a desk, but none of this is Minister Gould's fault. It was just bad timing on my part.
What she said was, yes indeed, she was planning on introducing that legislation this spring. She indicated that she had already consulted with one of the parties and was trying to line up a meeting with representatives of my party. I know that meeting hasn't happened yet, because I would be present at it as the relevant critic, but she then went on to lay out a bit of her timeline. She said, “You know, I don't control the times on these things exactly; it has to go to cabinet for approval.” I'm assuming that the cabinet process she has to go through is like the cabinet process that governments in the past had. It usually goes to the cabinet committee first, which meets and approves it, and then a presentation is made by the chair of the cabinet committee with the relevant minister present. Then if it gets approval, it comes back and is introduced in the House—but that happens this spring.
It could be that it will simply be introduced this spring, have first reading, and not get second reading until the summer is over. We did not get into discussing that, and I think in all fairness she doesn't know. However, in the event that it does, we could find that piece of business before this committee. It's not beyond the realm of possibility that this item of business would be before this committee this spring, and I say that for the following reason, because as a piece of legislation, it has to go through this House and then through the Senate. As you know, one of the complaints that the government has been making is that the Senate does not move with alacrity. Indeed, this has been a complaint of all governments through the entire history of our confederation. If you go back and read debates from the 1860s about what it was like before Confederation, we had the Legislative Council of the Province of Canada, and you realize that they had the same complaints about that body too. So this has been going on since time immemorial, or at least since we have had Hansard records.
There is a legitimate worry that what would happen is something such as this: if this committee and the House don't deal with this particular item until the autumn, and the House comes back in mid-September, we will deal with this item of business, this new piece of financial legislation, through the remainder of the month of September. Yet if we don't start dealing with it in this committee before September, it would be optimistic to hope to get it out of the House of Commons before the end of September. It would be hard to imagine its getting out before the October break, the Thanksgiving break. So we're talking now of mid-October when it would come back. It would go to the Senate, and the chances of it getting that legislation through so that it would get royal assent by the end of 2017 are pretty remote. That means the financial rules, which are set on the calendar year, will remain in effect for all of 2018. So I can see her wanting to get this legislation through promptly, which means that it could wind up on our agenda in June as well. That is a realistic scenario. So you now have three pieces of legislation all coming from Minister Gould to us, all of which have to be dealt with by us this spring.
I should take a step backwards and concede the point that, in terms of the recommendation we are making vis-à-vis the as-yet-unwritten legislation that will respond to the review of the Canada Elections Act, it's not a legislative process that we're talking about. It is a practice that has arisen in this place to deal with elections act reform. So we're not trying to get legislation through by the end of June; we're trying to get a study and recommendations through, which then lead to her introducing legislation in the autumn. She was quite clear about that in her March 10 meeting here. She's not talking about introducing that piece of legislation this June; she's talking about having the summer free to design, with her officials, legislation that conforms as best it can with our recommendations. However, she has the right as a minister of the crown to disagree with some of the recommendations and say either, “I think the CEO was right to recommend X, while the committee recommended not X, but Y”, or “I disagree with both of them and I'm introducing something else.”
It is very likely, and I'm certain that this is the case, as it has been the practice in the past, that she would take our reports, read them thoroughly, as I'm confident she does, and would go with her officials to meet with the Chief Electoral Officer and the officials at Elections Canada, presumably on more than one occasion, to discuss whether what she's drafting in response seems workable from their point of view. Actually, there is no Chief Electoral Officer at the moment, so it would be the acting CEO.
I can see how that would take a whole summer. That's really easy to imagine. So she comes back, the House reconvenes around the 8th, 9th, or 10th, somewhere in that range, and she could introduce that bill at first reading immediately. In fact, I'm virtually certain that this is exactly what would happen with that piece of legislation. She went through with us on March 10...a discussion of some of the things that she would try to achieve. It's clear that she was hoping to get that legislation through the House and the Senate, and to have royal assent by December 31 so this, too, could be in effect—although, in all fairness, when it comes to that legislation, actually having it in effect is not as important as having a certain message that it will come into effect. If Elections Canada can be confident that it is going to go through, the legislative process on this issue being generally non-partisan.... I think that, on a technical piece of legislation like this, it's likely to be largely non-partisan. The things we would be doing would be picking up on technical errors. We are now reviewing a piece of legislation designed by the minister and her staff in co-operation with the CEO, after we've done a review and after the CEO has done a review. Presumably, the really big bugs have been worked out of the system by that point, so hopefully we can proceed with more speed here, and in the Senate.
That would hopefully make it possible for this to move through with some speed, but we still have to deal with it. It still has to happen. We have no control whatever over how things happen in the other place. Complicating all of this a bit, as I mentioned, is the fact that we don't currently have a CEO. We do have a CEO hiring process under way. It's a public hiring process, which moves at its own speed, so there is an additional wrinkle there in terms of how fast the response of the CEO will be. Not having a permanent CEO, and then having a new CEO presumably by some point midway through this process, will not speed up the adoption by the Chief Electoral Officer and Elections Canada of the recommendations made here, which encourages us to have greater speed. Certainly, I would think that no interim CEO would be comfortable putting something into effect, knowing that it doesn't have the approval of someone who will be appointed shortly and who will be the boss. If I am on the staff of Elections Canada, I would not want that person to walk in and discover that there have been a bunch of faits accomplis that the new boss might not approve of, which have been done, in a sense, in order to push that person into losing their decision-making authority over those changes. Those are some of the practical issues that exist.
With all of this in mind, all of these problems that relate back to the Minister of Democratic Institutions and the workload that she has given us, I drafted a letter to the minister, asking her how she ought to deal with this and also encouraging her to consider dealing with some of her colleagues in the cabinet to cause them to shift the direction they are taking with regard to the high importance they are placing on reviewing the Standing Orders by a June deadline so that we can deal, in as businesslike a manner as possible, with the matters that we were dealing with and that we are going to have to deal with—the workload that was already great in margin and that has grown, depending on how you measure it, threefold since that time.
This is a letter being sent off with today's date on it. I'll just read it verbatim. I think it would be helpful for members of the committee to see exactly where I'm coming from so that they'll know what she is receiving. If they want to communicate with her—either because they agree with what I'm saying, or because they disagree—they can do so. I think that makes this germane to what we're doing here.
Dear Minister Gould,
Thank you for your invitation, sent to my office on April 3, 2017, for an in-person meeting. I appreciate your regular and continuing openness to meeting with me to discuss your portfolio and matters pertaining to the Standing Committee on Procedure and House Affairs (PROC). Both of those things are germane to my letter today.
During your last appearance before PROC, on March 9, 2017—
Mr. Chair, I have to stop here. I think I've been saying all along “March 10” for Minister Gould's appearance. It was March 9. That was a Thursday. March 10 was the date for Minister Chagger's discussion paper being introduced and Mr. Simms' motion. That's right.
I'm going to make a note to myself, because I want to return to the dates on those. I think there's a point of significance that I had not realized earlier in our discussion, which I think helps explain some of the problem we're facing here. Sometimes the left hand doesn't know what the right hand is doing, and it can lead to problems further down the line. I think that may have occurred here through no individual fault.
Okay. To go back to the letter:
During your last appearance before [the Procedure and House Affairs committee] on March 9, 2017, you asked the committee to provide our next report on the Chief Electoral Officer's report entitled, An Electoral Framework for the 21st Century: Recommendations From the Chief Electoral Officer of Canada Following the 42nd General Election—
I then give a quote from the minister about reporting back, as follows:
—“before the House rises for the summer, preferably by May 19” so that you would “be well positioned to advance some significant reforms that would improve the electoral process for Canadians”, namely through legislation that you hope to introduce this coming autumn.
So far, PROC has spent 16 meetings to produce two reports on the Chief Electoral Officer's report. When you asked [the procedure and House affairs committee] on March 9 for a further report by May 19, [the procedure and House affairs committee] would normally have had 12 additional meetings in which to prepare that report. [Four] of those 12 meeting times have elapsed without further progress on the report having been made.
Seeing as I'm sending this letter off today, I'm going to have to change that to five. Let's see: is that right? Yes, today's meeting would be five. I'll continue:
At this time, it is uncertain how many meetings [the procedure and House affairs committee] will be able to devote to this report, or whether the committee will be able to provide you with a report at all by the date you identified.
I won't repeat my comments. I'll simply draw attention to them again, which is that I already think that we have to accept that May 19 is a lost cause, although I think June is still achievable for a report back to the minister if we do some triaging.
To go back to the letter:
This uncertainty is on account of events precipitated by your cabinet colleague, the Government House Leader, [Bardish Chagger] on and since March 10, 2017, the day after your last visit to [the procedure and House affairs committee]. ...These events have brought to a halt the committee's ability to work on the Chief Electoral Officer's report.
The letter continues:
In light of the situation presently unfolding in [the procedure and House affairs committee], I am writing to ask you whether you could give [our committee] indications on a number of questions, namely:
1. Whether the May 19 date for a report is flexible;—
I actually think the answer to that from her was that yes, it was—that it was a preferred date—but I'm hoping her response would give some indication of the degree to which there's flexibility and at what point she has what I think of as a drop-dead timeline.
For example, you mean to go and cast your ballot at a certain time. You mean to do it in the mid-afternoon and something comes up—you have to take the kids to day care and then something else comes up—but we all know that there's a point at which the polls close. That's your drop-dead deadline for voting. Well, there's a drop-dead deadline for getting this thing back to her. I'm hoping to elicit a response as to what that is. Or if she wishes to give a more nuanced response about which parts should come first—if there are going to be multiple drop-dead deadlines—that would be just fine.
That was number one. I'll continue:
2. Whether you would still accept a report before the House rises for the summer, as you indicated;
3. What alternatives you might suggest in order to provide you with feedback in time to be considered for your fall legislation;
4. Your view of how [the procedure and House affairs committee] should prioritize the business it has in front of it, or will have in front of it, to the extent that those items conflict. Those items being:
a. the CEO recommendations report;
b. Bill C-33, which...[at time of this writing] is at second reading stage in the House;
c. your planned bill this spring on [the financing of political parties]; and
d. the on-going discussion over proposed changes to the House of Common Standing Orders, based on [the] discussion paper released by the Government House Leader on March 10, 2017, and presently subject to a motion calling for a report to be completed by June 2, 2017.
As you know—