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.

On the agenda

MPs speaking

Also speaking

Andre Barnes  Committee Researcher
Allen Sutherland  Assistant Secretary to the Cabinet, Machinery of Government, Privy Council Office
Manon Paquet  Senior Policy Advisor, Privy Council Office
Jean-François Morin  Senior Policy Advisor, Privy Council Office
Clerk of the Committee  Mr. Andrew Lauzon
Stéphane Perrault  Acting Chief Electoral Officer, Elections Canada
Anne Lawson  General Counsel and Senior Director, Legal Services, Elections Canada

5:25 p.m.

Conservative

Karen Vecchio Conservative Elgin—Middlesex—London, ON

Do we see a growing trend, though, if we are comparing the 2006, 2008, 2011, and 2015 elections? Do we see an increase in third party spending?

5:25 p.m.

Assistant Secretary to the Cabinet, Machinery of Government, Privy Council Office

Allen Sutherland

I think there probably is an increase, but it's not.... It's more if you look south of the border.

5:25 p.m.

Conservative

Karen Vecchio Conservative Elgin—Middlesex—London, ON

I'll go back to the scrutiny. This goes more to where Blake was leading. When we're looking at scrutiny, what is going to be the regulation?

Let's say, for instance, that an American organization provides money to a third party organization here in Canada. It's spent pre-writ and all of those things. When it comes to privacy of their own information, although they're registered, at what point can Elections Canada say that it needs to see everything?

Is it going to be limited to what it can see when it comes to transactions, or would it be able to see everything from the time period in question? It may say, “Hey, listen, this may have come from 2014, and we recognize it's the 2016 election”, or something. How far can it go back, or will there be limitations on when it's able to scrutinize this information?

5:25 p.m.

LCdr Jean-François Morin

Currently, third parties have to report on the contributions they have received six months prior to the beginning of the election period. Now they will have to report on contributions that they have received basically since the day after the previous general election. For example, when the pre-writ period starts, if they intend to spend more than $10,000 in the pre-writ period, they will be required to make a report prior to the beginning of the formal election period on all of the contributions that they have received since the day after the previous election.

5:25 p.m.

Conservative

Karen Vecchio Conservative Elgin—Middlesex—London, ON

So, Elections Canada will have the authority to look at everything from October 20, 2015, forward on anything to do with third party contributions at this moment.

5:25 p.m.

LCdr Jean-François Morin

The third parties have to make reports to Elections Canada, and Elections Canada has the power to audit these reports. When it has doubts, it can, of course, ask for more information. If it has further doubts, it can refer the matter to the commissioner of Canada elections, who can investigate.

5:30 p.m.

Conservative

Karen Vecchio Conservative Elgin—Middlesex—London, ON

Thank you.

5:30 p.m.

Liberal

The Chair Liberal Larry Bagnell

Thank you very much.

Now we'll go to Mr. Graham.

5:30 p.m.

Liberal

David Graham Liberal Laurentides—Labelle, QC

If people turn 18 during the writ period or even on election day itself, at what point will they show up on the voter list for parties?

5:30 p.m.

Assistant Secretary to the Cabinet, Machinery of Government, Privy Council Office

Allen Sutherland

Under the proposed legislation, they would be registered as of the day of their birthday.

5:30 p.m.

Liberal

David Graham Liberal Laurentides—Labelle, QC

Right. So, they wouldn't show up on the day 19 list. You know their birthday is coming before the election or on election day, so they're eligible for that election, but they're not yet 18. How is that treated?

5:30 p.m.

Assistant Secretary to the Cabinet, Machinery of Government, Privy Council Office

Allen Sutherland

They're not on the list until they've turned 18. Am I correct in that?

5:30 p.m.

Senior Policy Advisor, Privy Council Office

Manon Paquet

They could likely register at the polls and make a solemn declaration that they will be 18 on polling day. The definition of an elector is to be 18 on polling day, so they would be allowed to vote.

5:30 p.m.

Assistant Secretary to the Cabinet, Machinery of Government, Privy Council Office

Allen Sutherland

But the parties wouldn't get the information in that case.

5:30 p.m.

Liberal

David Graham Liberal Laurentides—Labelle, QC

At all?

5:30 p.m.

Assistant Secretary to the Cabinet, Machinery of Government, Privy Council Office

Allen Sutherland

Not until they turn 18....

5:30 p.m.

Liberal

David Graham Liberal Laurentides—Labelle, QC

On election day, by which point you've received the last list from Elections Canada and—

5:30 p.m.

Assistant Secretary to the Cabinet, Machinery of Government, Privy Council Office

Allen Sutherland

That's the way it is.

5:30 p.m.

Liberal

David Graham Liberal Laurentides—Labelle, QC

Okay. Are there any statutory limitations on elections fraud investigations and charges? Is there a statute of limitations? Is it five years, two years, 100 years?

5:30 p.m.

Assistant Secretary to the Cabinet, Machinery of Government, Privy Council Office

Allen Sutherland

There are some in the act, but we'd need to dig it up. We can get it to you.

5:30 p.m.

Liberal

David Graham Liberal Laurentides—Labelle, QC

In the interim, what constitutes election advertising for a third party? If a third party wants to talk about the minimum wage, as an example, can they cite a particular party? Is just talking about the issue enough to constitute third party advertising, or do they have to take a position on a party? What are the limits, or how fuzzy is it?

5:30 p.m.

Assistant Secretary to the Cabinet, Machinery of Government, Privy Council Office

Allen Sutherland

I think what you're getting at is what constitutes partisan advertising on the part of third parties. It's really a statement of either supporting or being against a particular party. Otherwise, it's issue advertising.

5:30 p.m.

Liberal

David Graham Liberal Laurentides—Labelle, QC

They can beat around the bush on an issue without actually naming a party and it won't count.

5:30 p.m.

Assistant Secretary to the Cabinet, Machinery of Government, Privy Council Office

May 28th, 2018 / 5:30 p.m.

Liberal

David Graham Liberal Laurentides—Labelle, QC

That's good to know.

A fun question—