Procedure and House Affairs Committee on Nov. 2nd, 2010

[Yasmin Ratansi, Liberal, Don Valley East, ON]

I have just one about the disposal of surplus electoral funds. What happens if there is an independent candidate or if a candidate leaves a party and runs as an independent? Where would their surplus go? Does anybody have any ideas on that? That is in section II.4.

[Gilbert Gardner]

I believe there is a provision, in that case, stating that the surplus shall go to the Receiver General for Canada. It is a public asset.

[Yasmin Ratansi, Liberal, Don Valley East, ON]

Thank you.

[Gilbert Gardner]

Whenever a candidate is directly affiliated with a political party, the candidate is required—it says very clearly in the legislation—to hand over all monetary and non-monetary assets in their possession generated under the election campaign.

[The Chair, Conservative, Joe Preston]

We have a comment from one of our analysts on that one. There was a charter case on it, so he just wants to give us a little piece on it.

[Sebastian Spano, Committee Researcher]

Yes. Several years ago, there was an independent candidate--I believe this was the Nunziata case--who challenged that fact that as an independent he had no place to which to direct or return the surplus funds, and the rule in the Canada Elections Act is that the money goes to the Receiver General of Canada.

That was challenged in the Superior Court of Ontario and that has been struck down, but it's still showing as a current provision in the act. I'll do a little more research on the status of this, but that's really the upshot of the case.

[Yasmin Ratansi, Liberal, Don Valley East, ON]

So the challenge would be that if I win as an independent candidate and have a surplus, I can keep it. If I lose, I return it to the CRA. But if I want to run the next time, what do I do then? Where is the equality in this system for me?

[The Chair, Conservative, Joe Preston]

Great. Go ahead, Mr. Spano. We're going to question our analyst here.

[Voices]

Oh, oh!

[Sebastian Spano]

I'll check the case, but my recollection is that this was one of the grounds of unfairness cited by the candidate. What if he or she wanted to run again and the money was there, and he or she wanted to use it but was forced to return it or give it away to the Receiver General?

I'd have to read the case again; it has been a while. It was a few years ago that this case was decided.

[Yasmin Ratansi, Liberal, Don Valley East, ON]

Maybe they'll put it in a dormant account.

[The Chair, Conservative, Joe Preston]

Then I'll ask that we do that, members, and by the time we get to doing our checklist on that one point, we'll have information.

[Sebastian Spano]

I'd be happy to prepare a briefing note for you on that.

[Yasmin Ratansi, Liberal, Don Valley East, ON]

Thank you.

[The Chair, Conservative, Joe Preston]

Mr. Gardner.

[Gilbert Gardner]

An underlying principle of any such statutory provision stipulates that a person cannot use the benefits of an election campaign for personal gain. If the person claims that they are going to run again, there has to be a mechanism in place to ensure that the money remains a public—not private—asset to prevent the individual from using it however they wish.

[Yasmin Ratansi, Liberal, Don Valley East, ON]

That's good.

[The Chair, Conservative, Joe Preston]

Excellent.

Are there any other questions from members?

If not, then I'd like to thank our witnesses for coming today. You've helped us get through parts of this book from the Chief Electoral Officer. We'll endeavour to get through the rest of it on our own, but you've given us the views of the political parties. With the notes from the Conservative Party, we have them all.

Thank you so much for coming today. Be available to us in case we need you, but at this moment we'll do the work on our own from this point forward. Thank you very much.

Is there anything else for the committee today?

We're adjourned.