Evidence of meeting #119 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 hear.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Stephanie Kusie  Calgary Midnapore, CPC
David Christopherson  Hamilton Centre, NDP
Linda Lapointe  Rivière-des-Mille-Îles, Lib.
Clerk of the Committee  Mr. Andrew Lauzon

11:05 a.m.

Liberal

The Chair Liberal Larry Bagnell

Good morning. Welcome to meeting 119 of the Standing Committee on Procedure and House Affairs. This meeting is being held in public.

I already have two people who wish to speak. The standard line is that Elvis has left the room and Christopherson's on the bus. He will be here shortly.

For members' information, Greg Essensa, the Chief Electoral Officer of Ontario, has advised me that he's available to appear by video conference next week. We have therefore gone ahead and scheduled his appearance from 11a.m. to noon on Tuesday, October 2.

As well, a delegation from Kenya will be here at the end of October. They're related to broadcasting. They're going to want to meet with us. If they want to meet with us, I'll do what I always do with foreign delegations and have an informal meeting where anyone who wants to come can come.

Yes, Mr. Nater.

11:05 a.m.

Conservative

John Nater Conservative Perth—Wellington, ON

Mr. Chair, we couldn't hear what was said about Mr. Essensa. Could you please repeat that part?

11:05 a.m.

Liberal

The Chair Liberal Larry Bagnell

Greg Essensa, the Chief Electoral Officer of Ontario, has advised me that he's available to appear by video conference next week. I have therefore gone ahead and scheduled his appearance from 11 a.m. to noon on Tuesday, October 2.

We were doing the motion last week, and I had two people who had their hands up: Chris and Ruby.

Who wants to go first?

11:05 a.m.

Liberal

Ruby Sahota Liberal Brampton North, ON

I just want to remind everyone that we have a motion on the table that we'd started debating a little bit.

Does everyone have a copy of the motion? It's being circulated. Perfect.

Now that the motion and the amendment to the motion have been distributed, I want to reiterate, and I think I took a fair amount of time last time explaining—

11:05 a.m.

An hon. member

[Inaudible—Editor]

11:05 a.m.

An hon. member

On division.

11:05 a.m.

Liberal

David Graham Liberal Laurentides—Labelle, QC

We're on the amendment.

11:05 a.m.

Liberal

Ruby Sahota Liberal Brampton North, ON

We are on the amendment, yes.

I think I took a fair amount of time explaining my reasoning for bringing the motion that I brought forth. After that, John made an amendment to that motion.

I just want to state again and remind you guys that we are not willing to make any amendments until we have set forth the dates for the study, a beginning date and an end date. We want to know when we can start clause-by-clause. Our proposed end date is October 16. Until we have that agreed to, we won't be entertaining any amendments.

I'll hand it over to Chris.

11:05 a.m.

Liberal

Chris Bittle Liberal St. Catharines, ON

Thank you, Ruby.

I'm just getting frustrated, and I know that a number of people on the committee are getting frustrated because it's just been delay after delay. I tip my hat to the Conservatives for their best attempts to make it look like they're not delaying things, but after submitting dozens of witnesses, many of whom had nothing to contribute, many of whom had no expertise.... I know one was convicted of a criminal offence and was proud of it; one witness they brought in to laugh at. We have no path forward.

This was a campaign commitment. I can appreciate that they may not want to see undone what was done by the Harper government in terms of the so-called Fair Elections Act. However, this was something that we promised the Canadian people we would do. We've heard from the chief electoral officer multiple times and even multiple times on the CEO report beforehand. He's come and testified on multiple occasions that this is a good bill. He has said that it's not a perfect bill, and I'll admit that.

It's time to go to clause-by-clause. There's time to improve the bill. We can make it better. We want to hear from the Conservatives. We want to hear from the NDP, but we have to move that forward. The Conservatives promised us. We had an agreement. As a lawyer, I know that an agreement to agree isn't an agreement, but we entered into a good faith agreement that the Conservatives would come up with a date to start clause-by-clause. We're still waiting for that, so again, there's more delay.

I expect that there's nothing further, that they will again try to rag the puck, drag out the clock and waste another day. It's time to move this forward. The chief electoral officer is here. We've even gone forward. I know that the Liberals would be willing to hear from the Chief Electoral Officer, which is another request. The Conservatives, in an effort to delay, try to make their requests seem reasonable. It's reasonable to hear from the chief electoral officer if he's available, even though we have invited this witness several times. He said that he wasn't available to attend. It was pushed and pushed that we needed to hear from this witness, that we couldn't possibly start until we heard from this witness. Well, we're hearing from this witness. Let's come up with a date.

We have a motion on the floor. The Conservatives are being unreasonable. It's time to push this forward. It's time to get things going. It's time to move things along because Elections Canada needs this to move forward.

I implore the members of the Conservative Party to cease the filibuster. Let's move on with this, and let's get this forward.

Thank you.

11:10 a.m.

Liberal

The Chair Liberal Larry Bagnell

Mr. Reid.

11:10 a.m.

Conservative

Scott Reid Conservative Lanark—Frontenac—Kingston, ON

Just a word of warning to everybody. You really, really don't want to hear me if I haven't had my morning coffee, and this is the start for me. It's not that you don't want to hear me; it's just that you will have no idea what I'm saying and neither will I. Thank you.

We are, I believe, speaking to Mr. Nater's amendment to Ms. Sahota's motion. I believe that's correct.

Before I get into addressing it directly, I think it would be appropriate for me to respond a little bit to Mr. Bittle's commentary. I do object a bit. I say I object, but I want to be clear: I'm not objecting to Mr. Bittle's sincerity at anything he says; I object to some of the ostensible facts that I think he presented.

He said that some of the witnesses were not very good witnesses. He was harsher than that, a good deal harsher than that. They didn't have anything worthwhile to say, I think was the phrase he used. I don't think we ought to be saying that about our witnesses. At least, I would encourage colleagues, when they actually think that, and I have had that thought myself one or two times in the course of my 17 years here, but I hope I have always expressed that particular thought privately as opposed to publicly.

I actually thought the witnesses on the whole have been pretty good.

I think, as well, that with regard to inviting Mr. Essensa, I don't believe anyone can say there's been any nefariousness in our repeated efforts to get Mr. Essensa here. I think this is either our third attempt or our fourth attempt at that. He's a busy guy.

He was in the middle of an election campaign the first time we called. That's a good reason for a chief electoral officer not to be available. In the aftermath, they have recounts and all the other things that keep a chief electoral officer busy. This is a chief electoral officer for a jurisdiction that has a 100-odd seats in it. He is a busy person.

Most recently, he was quite specific as to why he was not available. He had a very specific reason. He didn't tell us what the meeting was, but he had something on his agenda that he couldn't get out of. We can all relate to that. We've all had those things.

We're finally inviting him back again, and he has accepted. One of our staff, Adam Church, who always has something intelligent to say on every subject, pointed out to me that maybe the reason Mr. Essensa never comes when we invite him is that we always invite him on 48 hours' notice. I kind of agree with that comment.

If you say to me that you're putting on a golf tournament on Saturday, no matter how good the cause is, well, it's Saturday. But if you say we have a golf tournament coming up next June, I'm much more available. Now, I may regret it later when I get there and say I could have used the Saturday for a camping trip. I actually don't like those charity golf tournaments that much.

11:15 a.m.

Liberal

The Chair Liberal Larry Bagnell

Mr. Reid, could you get to the point?

11:15 a.m.

Conservative

Scott Reid Conservative Lanark—Frontenac—Kingston, ON

The real point I'm trying to get at here is that....

I had a subsidiary point about charity golf tournaments being nine holes instead of 18, because it takes up less of your day. I think that is something we could all learn from, especially because many of us are involved in organizing these things.

11:15 a.m.

Stephanie Kusie Calgary Midnapore, CPC

Consider the prizes when you're considering which ones—

11:15 a.m.

Conservative

Scott Reid Conservative Lanark—Frontenac—Kingston, ON

I used to do one myself at one point. To be honest, I actually found what happened was that most of the—

11:15 a.m.

Liberal

The Chair Liberal Larry Bagnell

That is not really relevant.

Could we go to the point here?

11:15 a.m.

Conservative

Scott Reid Conservative Lanark—Frontenac—Kingston, ON

Well, the point was to work back to Mr. Essensa, who I don't think was actually at a charity golf tournament. I think he had election-related business that he was dealing with. He will be here, showing that we were right to raise the issue.

This does actually bring us back very, very tightly....

I was going to get here anyway, by the way, Mr. Chair. I appreciate your desire to do things by the straightest path. I feel that sometimes it's important to provide full context. My goal is always to win over my colleagues to my point of view. I'm aware that the method of doing this that is most effective, when I am the person on the receiving end of a similar kind of attempt at persuasion, is to draw upon all the relevant and supporting facts, which is what I'm trying to do.

Mr. Essensa is the subject of Mr. Nater's amendment. Mr. Nater is suggesting that we change the wording of Ms. Sahota's main motion. Her motion reads as follows:

That the Committee commence clause-by-clause consideration of Bill C-76 on Tuesday, October 2, 2018 at 11:00 a.m.;

That the Chair be empowered to hold meetings outside of normal hours to accommodate clause-by-clause consideration;

That the Chair may limit debate on each clause to a maximum of five minutes per party, per clause; and,

When we return to the main motion, I'll want to dwell upon that point a little bit. It's not that I necessarily think there needs to be a change to the wording, but there just needs to be clarity as to what we mean by the permissive use of language in “may” as opposed to “must”.

She goes on to say the following in her motion:

That if the Committee has not completed the clause-by-clause consideration of the Bill by 1:00 p.m. on Tuesday, October 16, 2018, all remaining amendments submitted to the Committee shall be deemed moved, the Chair shall put the question, forthwith and successively, without further debate on all remaining clauses and proposed amendments, as well as each and every question necessary to dispose of clause-by-clause consideration of the Bill, as well as questions necessary to report the Bill to the House and to order the Chair to report the Bill to the House as soon as possible.

When I look at this....

Well, you know what? I'll wait until we get to the main motion. I'll return to the amendment that Mr. Nater proposed. His proposal is that we amend it as follows. After the words “That the Committee”, the first three words of the first paragraph of the motion, we would add in the words “do not”. The motion would now read: “That the Committee do not commence clause-by-clause consideration of Bill C-76”....

Hang on. I had my caret in the wrong spot here. The caret is the little thing that indicates where you've added some text in.

After “Bill C-76”, he adds in the words, “before the Committee has heard from the Chief Electoral Officer of Ontario”.

To be clear, the chief electoral officer of Ontario is available when?

11:15 a.m.

Liberal

The Chair Liberal Larry Bagnell

At 11 o'clock on Tuesday.

11:15 a.m.

Conservative

Scott Reid Conservative Lanark—Frontenac—Kingston, ON

Thank you.

Obviously, this would require an adjustment. Assuming we accept this motion, we would have to begin at....

Sorry, is he appearing for one hour or two hours?

11:15 a.m.

Liberal

The Chair Liberal Larry Bagnell

One hour.

11:15 a.m.

Conservative

Scott Reid Conservative Lanark—Frontenac—Kingston, ON

The obvious way that one could accommodate this then is by putting this in.

I think Mr. Nater's amendment contemplates the removal of basically everything else, but I can imagine a situation in which what we do is insert the words. This is just theoretical, but we could say, “That the committee do not commence clause-by-clause consideration of Bill C-76 before the committee has heard from the chief electoral officer of Ontario.”

We could then continue on with other things that are in the motion as it exists now. That's not how it's written now, but one could actually do that if one chose to. I do have some thoughts with regard to how that might look.

Mr. Chair, this is highly germane, because I'm contemplating the possibility of making a subamendment to that effect. One could, for example, simply have it continue on. You'd have to change the....

Well, here's the minimalist thing that you could do. I'm not sure that I actually advocate this, but you could say, “That the committee do not commence clause-by-clause consideration of Bill C-76 before the committee has heard from the chief electoral officer of Ontario, and that the committee commence clause-by-clause consideration on”, and you can put the minimal time in, although I'm not sure I'm actually advocating this, “October 2, 2018 at noon.”

What I'm trying to do is—

11:20 a.m.

Liberal

Ruby Sahota Liberal Brampton North, ON

Just talk it through.

September 27th, 2018 / 11:20 a.m.

Conservative

Scott Reid Conservative Lanark—Frontenac—Kingston, ON

I don't want to move to a discussion of a subamendment unless I've thought it through carefully and made sure that it makes sense and deserves the attention of the committee.

Then it would continue on about operating outside the normal hours to accommodate clause-by-clause consideration, which can be incorporated regardless of when the start time is.

I would say that I think some people might have reservations about this without some kind of limitation as to what is meant by “outside of normal hours”. I suspect that you would find a greater willingness from members of all parties to accommodate “outside of normal hours” if it is on normal sitting days. It's one thing to sit late into the evening on a Tuesday or Wednesday, or even a Thursday. It's an entirely different matter to do so on a day of a week when people thought they were going to be in their constituencies. That would impose a considerable and unreasonable burden on members of the committee, so that's a relevant consideration.

“That the Chair may limit debate on each clause to a maximum of five minutes per party, per clause” means, effectively, 15 minutes. I suspect with regard to this one—and colleagues should listen to see if they agree with this—that a realistic guess is that if one party wants to extend the debate on some point, and it's only one party, we'll find actually that it isn't practised, and it won't be five minutes per party; it'll be five minutes and then no one else will take the time, so it's actually five minutes per clause.

I think you will find that there's actually a genuine concern over the wording of some clauses, which can happen with a technical bill like this one, especially if an amendment is being considered. We'll find that there will be some kind of indication, and I would want to suggest that in such a circumstance, if the chair senses that this is the case, then the chair exercise his discretion to allow on that particular clause a greater amount than five minutes per party.

The way you do it is to see the other parties are feeling about this, right? It's at the chair's discretion, so you could say, “Two of three want it; that's enough.” You could say, “No, I want to see, essentially, a consensus, unanimity.” That then becomes a kind of version of what we informally call “the Simms rule”, after our colleague who developed a way of getting around some of the highly formalistic restrictions that can exist here, as long as there was a will from all sides to do so. It didn't supersede the Standing Orders. It provided a bit of breathing room within the space of the Standing Orders that could be reimposed at any time by the simple expedient of any member of the committee saying, “We should be moving on here. We don't want to cede the floor that way.” That was very effective, and this could be effective, too. I actually think this is a pretty good clause.

Then there is the last part, moving to clause-by-clause for anything that's left by 1 p.m. on October 16. Presumably the point of doing it at that time is that we're just going through however many clauses we have left, and it takes a maximum of a minute each at that point, probably less actually, maybe 30 seconds each. We could go through relatively quickly so that we could, I think, be done by that evening.

This is the government's bottom line, isn't it? The government's bottom line ultimately is that it wants to have this thing moved by October 16. Presumably, if you're going through it at that speed, it's by October 16 at midnight. That's what the government is after.

The question is, given that, how important other things really are. The goal I would suggest is to have some kind of way that allows us to have witnesses such as Mr. Essensa and still come up with some kind of global list that the government move on.

That's the direction in which I think I'd like to go with a subamendment. I think Mr. Essensa's testimony is great, so let's start. I'll make a simple subamendment to this effect, that we simply.... Hang on and let me see if this works: that the committee do not commence clause-by-clause consideration of Bill C-76 before the committee has heard from the chief electoral officer of Ontario on Tuesday, October 2, 2018, at 11 a.m. I'm adding those words back in.

I wonder if I should deal with more than one topic at a time. Maybe I should just stop by putting those words in. Then I can come back once we've dealt with that and suggest a further one. If we adopt that, we can then come back and deal with a further subamendment that I'd like to consider, but I think if I get into too many things at once it will be a problem. What I'll do is put in that adjustment on the time at which he's coming, and then we'll go back to the main motion, or rather, to Mr. Nater's motion, and I'll have a further subamendment to suggest at that time.

11:25 a.m.

Liberal

The Chair Liberal Larry Bagnell

We have a subamendment on the table to add to Mr. Nater's amendment the time of 11 a.m. on October 2.

Is there any debate on the subamendment?

Mr. Nater.

11:25 a.m.

Conservative

John Nater Conservative Perth—Wellington, ON

Mr. Chair, I want to begin by making a few comments in relation to what I've heard around the table thus far this morning.