Evidence of meeting #10 for Procedure and House Affairs in the 39th Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was amendment.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Michèle René de Cotret  Director, Legislative Policy & Analysis, Elections Canada
Dan McDougall  Director of Operations, Legislation and House Planning, Privy Council Office
Marc Chénier  Counsel, Legislation and House Planning, Privy Council Office
David Anderson  Senior Policy Advisor, Legislation and House Planning, Privy Council Office
Michel Roussel  Senior Director, Operations, Elections Canada
Clerk of the Committee  Mr. James M. Latimer

12:45 p.m.

Conservative

Pierre Lemieux Conservative Glengarry—Prescott—Russell, ON

Mr. Chairman, I only wanted to make sure I understand the intent of this.

The intent is to give discretion to the Chief Electoral Officer in a byelection to use the Sunday right before polling day to see what sorts of results he might have, and then he reports back to Parliament. That's where this ends. But your intent beyond that is that if it's favourable, there might be something that follows from that. Who knows?

12:45 p.m.

Conservative

The Chair Conservative Gary Goodyear

We haven't really got this amendment on the table yet, and we're already into a debate on it. It's not that I don't want to hear it, but Madam Redman has raised a significant issue here. I'd like to deal with that. Then if we still feel.... We will need unanimous consent to withdraw this amendment and then we can vote on clause 8. Whether it survives or not, it is what we need to do next.

Right now we're dealing with Madam Redman on an issue, before we table it.

Madam Redman.

12:45 p.m.

Liberal

Karen Redman Liberal Kitchener Centre, ON

Thank you, Mr. Chair.

May I, through you to the experts, ask this? I think I recognize the intent that there's a huge price tag to this and that nobody's trying to quantify what electoral voting is worth because democracy is priceless. But I think there's some merit in what the Bloc are trying to do here.

I was wondering, number one, if this kind of pilot project has ever been codified in a bill before. Indeed, would Elections Canada have the kind of flexibility it needed to launch something like this, outside of legislation, if we were looking at compiling some kind of actual statistics to come back with?

December 6th, 2007 / 12:50 p.m.

Counsel, Legislation and House Planning, Privy Council Office

Marc Chénier

In response to Madam Redman's first question, Mr. Chair, I would like to point out that there is already a pilot project in the Canada Elections Act with respect to electronic means of voting. It is at section 18.1. The Chief Electoral Officer can try out such a pilot project at a byelection. In this case I believe a lot of system changes may be required in order for the vote to be held on the Sunday before polling day. A lot of changes would need to be made, and I'm not sure whether a pilot project warrants making all the changes.

Just before the committee votes on this motion, I'd like to point out one little technical error. The motion refers to élection complémentaire, a supplementary election, which is a term we use in the Quebec legislation, but in the federal elections act the defined term is “by-election”, élection partielle.

12:50 p.m.

Conservative

The Chair Conservative Gary Goodyear

I did have Mr. Preston up, but I don't want to keep this debate going. I'd rather get this thing tabled and dealt with.

Go ahead, Madame Picard.

12:50 p.m.

Bloc

Pauline Picard Bloc Drummond, QC

Mr. Chair, I would just like to remind the committee members that in his presentation the Chief Electoral Officer supported a pilot project. In fact, I think it was along the lines of what he was thinking. We are not creating a precedent. As Mr. Chénier just said, he has the power to present pilot projects so that things work smoothly and so that mistakes that could be corrected in legislation can be identified. I think he has the necessary latitude, as was just said, to present a pilot project in order to get statistics and really see whether this might increase voter turnout.

12:50 p.m.

Conservative

The Chair Conservative Gary Goodyear

Merci.

Members, I know we were getting into debating the amendment and we haven't even tabled it yet, but Madame Picard has not had much of a chance to speak today, so I was letting you go on that.

I'm going to request that we table this amendment because we can continue this discussion more formally if we do that.

Madame Picard, would you be kind enough to at least table this amendment? Then I'll make a ruling.

12:50 p.m.

Bloc

Pauline Picard Bloc Drummond, QC

Yes. That Bill C-16, in Clause 8, be amended by replacing the heading before line 1 and lines 1 to 3 on page 5 with the following:

PILOT PROJECT 176.1 (1) Despite any other provision of this Act, in any supplementary election ...

We could say "by-election"; that should be corrected.

... held before the fortieth general election, the Chief Electoral Officer may implement a pilot project providing for an additional day of advance polling on the day before polling day.

(2) On the additional day of advance polling referred to in subsection (1), every polling station established for polling day shall be open as an advance polling station.

(3) Within 90 days after the day on which the pilot project is implemented, the Chief Electoral Officer shall report the results of the pilot project to the House of Commons.

12:50 p.m.

Conservative

The Chair Conservative Gary Goodyear

Merci.

Colleagues, I'm going to rule this one out of order. A lot of members have already expressed the reasons that I had come to that decision. I think it is beyond the scope of this particular bill.

Are there any concerns about the amendment being out of order? C'est bien. Merci beaucoup.

Colleagues, I would like to call the question.

Order, please, colleagues. We are running out of time, and I'm hoping we can get through this.

I will call the question on clause 8.... I'm sorry; amendment BQ-9 was also put forward by Madame Picard.

Madame Picard, I think you will see the determination of the chair coming, but if you would like to table the amendment so that it's on the record, I'll give you that opportunity now.

Are you withdrawing the amendment?

12:55 p.m.

Bloc

Pierre Paquette Bloc Joliette, QC

It is the corollary of the other.

12:55 p.m.

Conservative

The Chair Conservative Gary Goodyear

So that we have official clarity, let it be on the record that the amendment is being withdrawn and that nobody objects. Thank you very much.

(Clause 8 negatived)

(On clause 9)

12:55 p.m.

Conservative

The Chair Conservative Gary Goodyear

Colleagues, clause 9 has one suggested change by our BQ members, BQ-10, which you will find on page 19. That's exactly correct. This is a consequential amendment.

Would you like to introduce the amendment?

12:55 p.m.

Bloc

Pierre Paquette Bloc Joliette, QC

This section is the corollary of our second amendment, to clause 5. It is simply for consistency.

12:55 p.m.

Conservative

The Chair Conservative Gary Goodyear

Yes, I agree that it is consequential, so normally what could happen is that since BQ-4 did in fact carry, this should carry as well.

(Amendment agreed to [See Minutes of Proceedings])

(Clause 9 as amended agreed to)

12:55 p.m.

Conservative

The Chair Conservative Gary Goodyear

There were no amendments to clause 10 so I will call the question.

We will have to take this vote quickly, colleagues.

12:55 p.m.

Liberal

Marcel Proulx Liberal Hull—Aylmer, QC

It's consequential to one of the decisions we've made before.

12:55 p.m.

Conservative

The Chair Conservative Gary Goodyear

Is it? My apologies.

12:55 p.m.

Bloc

Pierre Paquette Bloc Joliette, QC

Yes. Section 176.5 has been eliminated, so you can't have punishments for a section that doesn't exist. I know this is very Cartesian, very French.

12:55 p.m.

Conservative

The Chair Conservative Gary Goodyear

Merci, Monsieur Proulx. That is correct, so this won't carry.

(Clause 10 negatived)

(On clause 11)

12:55 p.m.

Conservative

The Chair Conservative Gary Goodyear

Clause 11 has one offered amendment by the government.

Perhaps I could ask Mr. Lukiwski to table it, very quickly, please. The French version is on page 21 of your pamphlet.

12:55 p.m.

Conservative

Tom Lukiwski Conservative Regina—Lumsden—Lake Centre, SK

I table it as read, Chair.

12:55 p.m.

Conservative

The Chair Conservative Gary Goodyear

It's tabled as read and ruled out of order. We cannot put an amendment that deletes a clause. We simply vote it down. You gave it a good shot, but it's out of order.

Are there any challenges on that decision? All right.

(Clause 11 negatived)

(On clause 12--Bill C-31)

12:55 p.m.

Conservative

The Chair Conservative Gary Goodyear

Colleagues, there's no amendment to clause 12, so I'll call the question.

Monsieur Paquette.

12:55 p.m.

Bloc

Pierre Paquette Bloc Joliette, QC

Mr. Chair, it is exactly the same thing as for clause 10, that is, it is to be consistent with the fact that we have...

12:55 p.m.

Conservative

The Chair Conservative Gary Goodyear

We'll ask the question, whether it carries. Thank you, Mr. Paquette.

I don't advise the committee. I see there's some discussion. Are you aware of what Mr. Paquette is saying?

Mr. Paquette, could you repeat?

It's consequential. It's been defeated.

Mr. Paquette, would you be kind enough to repeat what you just said?