Evidence of meeting #125 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 election.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Trevor Knight  Senior Counsel, Legal Services, Elections Canada
Jean-François Morin  Senior Policy Advisor, Privy Council Office
Anne Lawson  Deputy Chief Electoral Officer, Regulatory Affairs, Elections Canada
Stephanie Kusie  Calgary Midnapore, CPC
Clerk of the Committee  Mr. Andrew Lauzon
Jennifer O'Connell  Pickering—Uxbridge, Lib.
Linda Lapointe  Rivière-des-Mille-Îles, Lib.
Manon Paquet  Senior Policy Advisor, Privy Council Office
Philippe Méla  Legislative Clerk

6:15 p.m.

NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

That happens, doesn't it?

No, but it's available to all parties. An environmental group comes forward and they've hired Ipsos or someone to go out and survey feelings on climate change. That survey is then made available to all parties, or maybe not all parties but some, which then influences the way.... We're dealing with this act, but we're now just asking about the way things happen. Focus group work, messaging, all of that stuff, it's not hidden. This is a thing that happens quite frequently.

Would you deem that to be a non-monetary contribution?

6:15 p.m.

Senior Counsel, Legal Services, Elections Canada

Trevor Knight

Under the current act, if a good or a service is provided to a party for less than its commercial value, you have to ask if it's free, but if it's free to everyone, then it's not a contribution.

6:20 p.m.

NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

So that's the way third parties get around this. They have to make it available to everybody, a service like a polling or a bit of research.

6:20 p.m.

Senior Counsel, Legal Services, Elections Canada

6:20 p.m.

NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Okay. That's curious.

6:20 p.m.

Liberal

The Chair Liberal Larry Bagnell

Okay.

6:20 p.m.

LCdr Jean-François Morin

—or they can just make the information public.

October 16th, 2018 / 6:20 p.m.

Deputy Chief Electoral Officer, Regulatory Affairs, Elections Canada

Anne Lawson

Exactly.

6:20 p.m.

LCdr Jean-François Morin

A typical case is a third party that would want to influence parties. They could have a web page that is focused on a particular issue and include a lot of data, including survey data.

6:20 p.m.

NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Yes.

6:20 p.m.

LCdr Jean-François Morin

That would be completely acceptable.

6:20 p.m.

NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

—as long as it's either shared with all parties or shared publicly.

But if a third party were to say they were only providing this to you, for whatever reasons, then they'd trigger the non-monetary contribution.

6:20 p.m.

Liberal

The Chair Liberal Larry Bagnell

Mr. Nater.

6:20 p.m.

Conservative

John Nater Conservative Perth—Wellington, ON

I just want to step back and look back to the collusion element in this amendment. What we're really talking about is using third parties to get around some spending limits.

A group like Canada 2020, for example, which conducts—

6:20 p.m.

NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

[Inaudible—Editor]

6:20 p.m.

Conservative

John Nater Conservative Perth—Wellington, ON

If they conduct extensive public opinion surveys, which are again extremely valuable, and are able to get around the pre-writ spending, would something like that be captured in this amendment, or in the bill as it sits?

Is the effort to get around the spending cap by having a group like Canada 2020 do the work and provide that information captured within this? We're looking specifically at the spending limit side of things and the collusion.

6:20 p.m.

Senior Counsel, Legal Services, Elections Canada

Trevor Knight

The section we're dealing with, proposed section 349.3, isn't so much about the spending, the collusion to avoid spending limits, although that may be the motivation for the sharing. It talks about no third party, no registered party, acting in collusion in order to influence the third party in what it does, under the current one. The amendment then would expand that to influence the registered party, as you say, making it a two-way street.

In terms of the question you asked, I think that with collusion under the current act, there are already provisions talking about non-monetary contributions under the current act and avoiding the spending limit under the current act. I think those would be relevant to that.

This is more directed at a specific thing, influencing how the third party acts.

6:20 p.m.

Liberal

The Chair Liberal Larry Bagnell

Mr. Nater.

6:20 p.m.

Conservative

John Nater Conservative Perth—Wellington, ON

I have one final point.

Right now, if Canada 2020 tells the Liberal Party, “We're going to advertise on X, and you can advertise on Y and Z.” Then the reverse, the Liberal Party tells Canada 2020 it's advertising on Y and Z, and they can advertise on X. One way is collusion; one way is not collusion. Within our amendment, both ways are collusion.

6:20 p.m.

Liberal

The Chair Liberal Larry Bagnell

Is there any further discussion?

6:20 p.m.

Conservative

John Nater Conservative Perth—Wellington, ON

I would like a recorded vote.

(Amendment negatived: nays 5; yeas 4 [See Minutes of Proceedings])

6:20 p.m.

Liberal

The Chair Liberal Larry Bagnell

Next is amendment PV-7.

Ms. May

6:20 p.m.

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Chair, my intention with amendment PV-7 is to extend the prohibitions on foreign money for political party or third party messaging not just in the pre-writ period but at all times.

I know there are other amendments to the same effect, and some of them were ahead of this amendment. I'm afraid, being in and out, I'm not quite certain how my amendments survive at this point, but I'm hoping to tighten up the rules so there's no foreign money or third party political messaging influenced by foreign money at any time, not just pre-writ.

6:20 p.m.

Conservative

John Nater Conservative Perth—Wellington, ON

I support Ms. May's sentiments. Anything we can do to get foreign money out of our elections, we're going to support. We'll be voting in favour of the amendment.

6:20 p.m.

Liberal

The Chair Liberal Larry Bagnell

Mr. Graham.