Evidence of meeting #123 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 clause.
A video is available from Parliament.
5:40 p.m.
Calgary Midnapore, CPC
I'm sorry, David; you'll have to ask that again. My apologies.
5:40 p.m.
Liberal
David Graham Liberal Laurentides—Labelle, QC
That's all right.
You're saying that anything the government says during the pre-election period would count as partisan advertising. If we have an election in the spring for one reason or another, and it happens to be tax season and CRA says, “Don't forget to file your taxes”, that is now considered to be partisan advertising.
I think that's a very hard position to support.
5:40 p.m.
Calgary Midnapore, CPC
It does say, “the message was necessary for the health and safety of Canadians.”
Does something like CRA affect the health and safety of Canadians? I would say no....
That's right; I have seen people die from heart attacks from tax evasion.
5:40 p.m.
NDP
5:40 p.m.
Calgary Midnapore, CPC
I don't know. Perhaps we need an amendment to the amendment, indicating....
I feel as though this amendment provides for the fairness of putting the government on a level playing field with third parties and registered parties. I do agree with Mr. de Burgh Graham that certainly there are some messages that are vital for Canadians to know, but perhaps that would be included within the health and safety of Canadians.
5:45 p.m.
Calgary Midnapore, CPC
I don't think it's fair to suggest other scenarios at this time outside of health and safety. I think the point of including health and safety is that if there were pertinent information for Canadians, the government would certainly have the right to provide that information to Canadians. Outside of that, partisan is partisan.
I think there is a very common sense standard that would apply either way.
5:45 p.m.
Liberal
David Graham Liberal Laurentides—Labelle, QC
You're right. There's government and there's partisan, and they should remain separate, so I don't support this amendment.
5:45 p.m.
Liberal
The Chair Liberal Larry Bagnell
Are you ready for the vote?
(Amendment negatived [See Minutes of Proceedings])
CPC-4 is about a book being part of partisan advertising. Perhaps you could speak to that, Stephanie.
5:45 p.m.
Calgary Midnapore, CPC
It's pretty obvious from the explanation that if the author or editor of a book is a member of the Senate or the House of Commons, it is included within partisan advertising.
For example, if I were to release a book called Right Here, Right Now during the election period, perhaps this would be perceived as—
5:45 p.m.
NDP
Nathan Cullen NDP Skeena—Bulkley Valley, BC
You're wrong, now. That's my book. That's the book I'm publishing.
5:45 p.m.
NDP
5:45 p.m.
Calgary Midnapore, CPC
Clearly, we wouldn't want someone to have this type of publication advantage during this time.
5:45 p.m.
Liberal
The Chair Liberal Larry Bagnell
Are you ready for the question?
(Amendment negatived [See Minutes of Proceedings])
5:45 p.m.
Calgary Midnapore, CPC
Please note that I'll be releasing my book Not Here, Not Now during the writ period in the next election.
Thank you.
5:45 p.m.
Liberal
The Chair Liberal Larry Bagnell
Shall clause 2 carry?
(Clause 2 agreed to)
(On clause 3)
First of all, we're on Liberal amendment 1. It applies to Liberal-18, which is on page 110, and Liberal-62, which is on page 351. I will get the witnesses, because I think this is just a technical problem of the wording in French, and the order of it. Can you explain what this amendment is?
5:45 p.m.
LCdr Jean-François Morin
Absolutely, Mr. Chair. I will start with a bit of history, if you don't mind.
Prior to the year 2000, when the former Canada Elections Act was in force, it was very clear from the provisions included in that former Canada Elections Act that in order to vote, you needed to be a Canadian citizen and 18 years of age or older.
There were two other provisions related to these two requirements for qualification as an elector. One clarification was saying that provided you would be 18 years of age or older on polling day, you could actually vote before polling day—in advance polls, for example. With regard to citizenship, it was also very clear that if you were to become a Canadian citizen before the end of the revision of the list of electors, then your name could be included for future voting at advance polling.
When the new Canada Elections Act came into force in 2000, this question became a bit unclear by reason of the wording of section 3 of the Canada Elections Act in French. The English version of section 3 can be interpreted to say that you need to be 18 years of age or older on polling day, but you need to be a Canadian citizen at all times.
On the other hand, the French version of the Canada Elections Act says that you need to be a Canadian citizen and 18 years old on polling day, which could lead to the interpretation that if someone were to become a Canadian citizen before polling day.... For example, if someone knows that his or her citizenship ceremony is scheduled for 10 days before polling day, that person could vote before swearing the oath of citizenship.
When the new Canada Elections Act came into force in 2000, our consultations with Elections Canada informed us that Elections Canada always took a more traditional approach to interpreting section 3. Elections Canada never allowed someone who would become a Canadian citizen in the future to vote. It always required that persons be citizens before voting.
When Bill C-76 was introduced, other amendments toward the end of the bill brought this little imprecision to light again. Therefore, the proposed amendment would fix that. It would make it clear that you need to be a Canadian citizen when you exercise your right to vote.
5:50 p.m.
Liberal
The Chair Liberal Larry Bagnell
If we leave it the way it is, they were going to become a Canadian citizen, but something happened and the ceremony was cancelled, so they didn't become one, and they could have voted already. That's what it's clearing up.
5:50 p.m.
LCdr Jean-François Morin
Exactly.
5:50 p.m.
Liberal
5:50 p.m.
Liberal
5:50 p.m.
Liberal
The Chair Liberal Larry Bagnell
Is there any discussion?
(Amendment agreed to [See Minutes of Proceedings])