Evidence of meeting #43 for Procedure and House Affairs in the 41st Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was elections.
A video is available from Parliament.
Chief Electoral Officer, Elections Canada
They would have to reimburse the value of the non-monetary contributions that exceeds the limit of $1,200.
Liberal
Kevin Lamoureux Liberal Winnipeg North, MB
First, it would be wrong or illegal for a company to do this. Is that correct?
Chief Electoral Officer, Elections Canada
It depends on how much the company spends on the matter. If it's a corporation, of course they can't make contributions.
Liberal
Chief Electoral Officer, Elections Canada
In fact, any money spent by a corporation that constitutes a contribution is illegal. Corporations cannot make contributions.
Liberal
Kevin Lamoureux Liberal Winnipeg North, MB
That means, in order to rectify the issue, I would then be responsible as the candidate or the political entity to reimburse that money.
Chief Electoral Officer, Elections Canada
Corporations cannot make contributions.
Liberal
Kevin Lamoureux Liberal Winnipeg North, MB
Okay. Does that mean in order to rectify the issue, I would be responsible, then, as the candidate or the political entity to reimburse that money?
Chief Electoral Officer, Elections Canada
If it's a non-monetary contribution, the value of the contribution would have to be returned to the Receiver General. If it's a cash contribution or a money contribution, it would have to be returned to the contributor.
Chief Electoral Officer, Elections Canada
The candidate association or party has 30 days to do so.
Liberal
Kevin Lamoureux Liberal Winnipeg North, MB
We're very much aware of this massive—you're aware of it; you've made reference to it—1.8 million pieces of literature that went across the country, paid for by the taxpayers. In a situation of that nature, if it is found to be inappropriate, as the House administration has indicated that it is inappropriate, what should be the consequence?
Chief Electoral Officer, Elections Canada
I think we're looking into a matter that is already being brought to my attention, and as I indicated earlier, we are dealing with officials from the House as to how we can harmonize the rules.
On another level, I think political parties, candidates, have to file returns, and it is at that point that the matters will be raised.
Liberal
Kevin Lamoureux Liberal Winnipeg North, MB
Given the relationship with the Commissioner of Canada Elections, is it fair to say that the commissioner is in fact aware of this and would be expected to be looking into the matter?
Chief Electoral Officer, Elections Canada
There has been, again, correspondence between the Board of Internal Economy and me that has been shared with the commissioner.
Liberal
Kevin Lamoureux Liberal Winnipeg North, MB
Sure. Now, has the commissioner responded to your office, to the best of your knowledge?
Chief Electoral Officer, Elections Canada
If there's anything from the commissioner, it's his sole, exclusive jurisdiction to determine what course of action to take with any matter that comes to his attention.
Liberal
Kevin Lamoureux Liberal Winnipeg North, MB
Can you give some sort of an indication in terms of whether you have the resources necessary? What sort of a timeframe would we be looking at? How does the public get a better appreciation that this is being resolved, that there's some sort of justice, that there's some sort of consequence? In this particular issue, as I say, we have professional civil servants who have indicated that there is a violation, which would then imply that we're talking about a mailer that should not have gone out, so there should be some form of consequence to it.
How does Elections Canada itself fit into it? Are you completely dependent on the commissioner to come back and say, “What was done was wrong, and now it's your responsibility to come up with a remedy?”
Chief Electoral Officer, Elections Canada
There are several aspects. The findings of the House officials are under the rules of the House. The findings from Elections Canada or the commissioner will have to be under the Elections Act. These are separate things, and we need to look at how these rules interface.
The second thing I would point out is that some of the matters that have been raised will or will not be identified in returns that will be filed by parties, or EDAs, electoral district associations, or candidates. Since some of the matter relates to byelections, we are now receiving the returns from candidates in previous byelections. The audit is taking its course and we'll see what comes out of that process.
In parallel, the commissioner is seized with the matter and we'll see what he does.
Liberal
Kevin Lamoureux Liberal Winnipeg North, MB
The concerns I would have, and I would suspect many Canadians would have, would be that bulk mass mailing of 1.8 million pieces throughout the country. Concerns have been raised from the administration that it was inappropriate, that the rules in fact were broken.
To what degree does Elections Canada then say, “A rule has been broken, and now we have to come up with a remedy”? Does Elections Canada take it upon itself to ensure that some form of remedy is taken?
Chief Electoral Officer, Elections Canada
Again, if it's a ruling that was issued and I'm not privy to it, whoever issued that ruling is responsible for administering the consequences of that ruling. That's not an Elections Canada responsibility.
Elections Canada will look at it from the point of view of the Elections Act, and again, if there has been a breach of the Elections Act, proper measures will be taken.
Liberal
Kevin Lamoureux Liberal Winnipeg North, MB
In this case it could be having to pay back $1.8 million.
Conservative
