Evidence of meeting #106 for Procedure and House Affairs in the 42nd Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was elections.
A video is available from Parliament.
4:45 p.m.
Conservative
Scott Reid Conservative Lanark—Frontenac—Kingston, ON
Thank you very much, Mr. Chair.
I'll get my timer up so I use my time efficiently.
Is it a seven-minute round right now?
4:50 p.m.
Conservative
Scott Reid Conservative Lanark—Frontenac—Kingston, ON
Thank you.
I want to talk to you a little about the bill's provisions regarding spending limits for registered third parties during the writ period and the new pre-writ period that starts.... I've forgotten. Is it June 1 or June 30?
4:50 p.m.
Assistant Secretary to the Cabinet, Machinery of Government, Privy Council Office
It's June 30.
4:50 p.m.
Conservative
Scott Reid Conservative Lanark—Frontenac—Kingston, ON
Okay, let me start with that one.
It kicks in on June 30. Let's say there's a minority government in the next Parliament, the 43rd Parliament. If I'm not mistaken, it just says June 30. It doesn't say x number of—
4:50 p.m.
Assistant Secretary to the Cabinet, Machinery of Government, Privy Council Office
Next election year.
4:50 p.m.
Conservative
Scott Reid Conservative Lanark—Frontenac—Kingston, ON
Right. What happens in a Parliament where there's a minority government and therefore there's the potential for an unscheduled or early election? Is this simply not in existence in those situations?
4:50 p.m.
Assistant Secretary to the Cabinet, Machinery of Government, Privy Council Office
History would tell you that you wouldn't get to the fixed election date.
4:50 p.m.
Conservative
Scott Reid Conservative Lanark—Frontenac—Kingston, ON
It would tell you that. No, I appreciate that. I'm not trying to challenge the logic; I'm trying to figure out what happens.
May 28th, 2018 / 4:50 p.m.
Assistant Secretary to the Cabinet, Machinery of Government, Privy Council Office
I'm just trying to help. If the government were to fall prior to the fixed election date, you would run under the regular rules, so there would be no pre-election period. It would not be possible to set up because you wouldn't know in advance when the government was going to fall.
4:50 p.m.
Conservative
Scott Reid Conservative Lanark—Frontenac—Kingston, ON
The writ period remains the same in that eventuality.
4:50 p.m.
Assistant Secretary to the Cabinet, Machinery of Government, Privy Council Office
Yes.
4:50 p.m.
Conservative
Scott Reid Conservative Lanark—Frontenac—Kingston, ON
You don't have the writ pushed back further in order to obtain some of the benefits. There's no shift in the length of the writ period in the event of an election occurring on an unfixed date.
4:50 p.m.
Assistant Secretary to the Cabinet, Machinery of Government, Privy Council Office
You're correct, Mr. Reid. The provision around the 50-day maximum would not apply, either.
4:50 p.m.
Conservative
Scott Reid Conservative Lanark—Frontenac—Kingston, ON
Was there an adjustment made to the minimum period for writs in the bill? I can't remember.
4:50 p.m.
Assistant Secretary to the Cabinet, Machinery of Government, Privy Council Office
No, it's simply a 50-day maximum.
4:50 p.m.
Conservative
Scott Reid Conservative Lanark—Frontenac—Kingston, ON
Were there changes made to the length of by-elections, maximums or minimums?
4:50 p.m.
Assistant Secretary to the Cabinet, Machinery of Government, Privy Council Office
No, just what Mr. Richards said, that in the nine months proceeding the fixed-date election you could not call a by-election.
4:50 p.m.
Conservative
4:50 p.m.
Assistant Secretary to the Cabinet, Machinery of Government, Privy Council Office
I'm just checking.
Manon simply adds that the 50-day maximum also applies to the by-election.
4:50 p.m.
Conservative
Scott Reid Conservative Lanark—Frontenac—Kingston, ON
It's not hard to imagine a situation arising in which a seat becomes vacant before the bill gets royal assent, but the actual by-election is held after the date on which royal assent occurs. This is all within the 42nd Parliament, obviously.
In such a situation, does the new rule apply?
4:50 p.m.
Assistant Secretary to the Cabinet, Machinery of Government, Privy Council Office
As you know, the Prime Minister has 180 days to call a by-election. If he were to call the by-election before royal assent, then the new legislation would not apply. If he were to call it after, then it would apply.
4:50 p.m.
Conservative
Scott Reid Conservative Lanark—Frontenac—Kingston, ON
The date on which the seat became vacant would not be the determinative thing. Rather, the date on which the Governor General issues a writ for the by-election would be the determinant factor in whether the old or the new legislation applies.
4:50 p.m.
Assistant Secretary to the Cabinet, Machinery of Government, Privy Council Office
I want to make sure, and I'll look to Manon on this.
In your scenario, the Prime Minister has not initiated the action to call the by-election. Am I understanding that correctly?
