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

4:30 p.m.

Calgary Midnapore, CPC

Stephanie Kusie

I'm not sure why we didn't. Well, surveys are used for a number of reasons, so perhaps there would be situations where surveys would be useful on election day, or I guess not in contravening the tampering of public opinion, but this is not the case here, so....

4:30 p.m.

Liberal

The Chair Liberal Larry Bagnell

Mr. Nater.

4:30 p.m.

Conservative

John Nater Conservative Perth—Wellington, ON

It may be an interesting conundrum here, but I want to point out that, as the bill stands now on page 108 it says:

328 (1) No person shall cause to be transmitted to the public, in an electoral district on polling day before the close of all of the polling stations in that electoral district, the results of an election survey that have not previously been transmitted to the public.

When it says in here “in an electoral district”, a conundrum could be that a national survey could be released in Perth—Wellington once the polls have closed, but the polls in B.C. have not yet closed.

4:30 p.m.

Calgary Midnapore, CPC

Stephanie Kusie

That's what I just said.

4:30 p.m.

Conservative

John Nater Conservative Perth—Wellington, ON

That's the conundrum of it as it is written right now. I'm happy to release any polls in Perth—Wellington if....

4:30 p.m.

Liberal

The Chair Liberal Larry Bagnell

Do the election officials have any comments on this?

4:30 p.m.

Senior Counsel, Legal Services, Elections Canada

Trevor Knight

No, I don't think we have any comments on this.

4:30 p.m.

Calgary Midnapore, CPC

Stephanie Kusie

Then what is not clear? It's your concern about....

4:30 p.m.

Liberal

David Graham Liberal Laurentides—Labelle, QC

Honestly, I fail to see the purpose of this in reality. I understand in theory, but in reality I see this as a pain in the butt to enforce, and it doesn't really accomplish anything. That's the short version. I appreciate what you're trying to do, but I don't really agree with it.

4:30 p.m.

Liberal

The Chair Liberal Larry Bagnell

Right now, Mr. Nater, you're saying that a national poll could be released in Perth—Wellington and then someone could transmit it to B.C.

4:30 p.m.

Conservative

John Nater Conservative Perth—Wellington, ON

In theory, as it's written.

4:30 p.m.

Calgary Midnapore, CPC

Stephanie Kusie

In theory, that's true.

4:30 p.m.

Conservative

John Nater Conservative Perth—Wellington, ON

With social media, it's pretty easy to transfer information.

4:30 p.m.

Calgary Midnapore, CPC

Stephanie Kusie

Yes, when you put it that way, it could be very consequential. I know Mr. Cullen is very interested in broad-sweeping, large-platform consequences, as we have seen in other locations in the world. I hear what you're saying about the enforcement, but I just think about how influential it could be for any party.

4:30 p.m.

Liberal

The Chair Liberal Larry Bagnell

Mr. Nater, if that line you read was just applied, that you couldn't put out any surveys on election day until all the polls in Canada were closed, would that close the loophole?

4:30 p.m.

Conservative

John Nater Conservative Perth—Wellington, ON

I would say so, yes.

4:30 p.m.

Liberal

The Chair Liberal Larry Bagnell

If there is no further discussion on this particular amendment, we'll go to a vote.

4:35 p.m.

Calgary Midnapore, CPC

Stephanie Kusie

I want it recorded just for future fun, so if something happens where an opinion poll is released and we see broad-sweeping consequences, we can see if this ever mattered.

Thank you.

4:35 p.m.

Liberal

The Chair Liberal Larry Bagnell

Okay, and some opinion polls can't be released, as Mr. Nater outlined.

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

(Clause 211 agreed to on division [See Minutes of Proceedings])

(Clauses 212 and 213 agreed to)

Amendment CPC-81 proposes new clause 213.1.

Just so you know, the vote on this will also apply to CPC-147 on page 271 of the amendments, as they are linked by reference.

Also, if this amendment is adopted, LIB-47 cannot be moved, as CPC-147 and LIB-47 amend the same line.

Do you want to introduce this, Stephanie?

4:35 p.m.

Calgary Midnapore, CPC

Stephanie Kusie

This was apparently Professor Pal's suggestion to extend TV, radio and publication price protection rules to social media advertising.

Perhaps our witnesses could clarify the protection rules that are in place presently for TV, radio and publications. I'm assuming that they are not.... Most probably it has something to do with their being static throughout election periods, perhaps, so that they're not inflated, and this would extend to social media as well.

4:35 p.m.

Liberal

The Chair Liberal Larry Bagnell

Mr. Nater.

4:35 p.m.

Conservative

John Nater Conservative Perth—Wellington, ON

It's the idea that in a radio ad you can't charge a Conservative Party or a Liberal Party more or less based on which political party it is. That has to be offered at the same rate, at the lowest possible rate available, as follows:

a rate for an advertisement in a periodical publication published or distributed and made public in the period referred to in paragraph (a) that exceeds the lowest rate charged by the person for an equal amount of equivalent advertising space in the same issue of the periodical, publication or in any other issue of it that is published or distributed and made public in that period.

It has to be the same rate, the same lowest possible rate, within that publication.

4:35 p.m.

Liberal

The Chair Liberal Larry Bagnell

What are you reading from?

4:35 p.m.

Conservative

John Nater Conservative Perth—Wellington, ON

This is from the actual Canada Elections Act, not Bill C-76. It's the Canada Elections Act for that provision. It's basically that for social media there can't be a differential pricing. It's applying to that the same rules for the lowest rates for radio and TV, so you're not going to have the phenomenon where certain entities may be getting preferable rates that aren't available to the rest.

4:35 p.m.

Liberal

The Chair Liberal Larry Bagnell

Anne?