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

3:50 p.m.

Liberal

David Graham Liberal Laurentides—Labelle, QC

This is a simple amendment to make sure that if a ballot does not have the poll number on the back, it is not rejected on that basis alone. That's a sensible amendment. It would be a tragedy to lose a vote for that.

(Amendment agreed to [See Minutes of Proceedings])

(Clause 192 as amended agreed to on division)

(On clause 193)

3:50 p.m.

Liberal

The Chair Liberal Larry Bagnell

We go to amendment CPC-73.

Stephanie.

3:50 p.m.

Conservative

John Nater Conservative Perth—Wellington, ON

We've already done that one.

3:50 p.m.

Calgary Midnapore, CPC

Stephanie Kusie

That's right. We did. This is consequential to CPC-72.

3:50 p.m.

Liberal

The Chair Liberal Larry Bagnell

It was defeated.

(Clause 193 agreed to on division)

(On clause 194)

There was an amendment, CPC-74, but it was consequential to CPC-71. If we're standing clause 191, we will stand this clause too.

3:50 p.m.

Calgary Midnapore, CPC

3:50 p.m.

Liberal

The Chair Liberal Larry Bagnell

We're going to stand this clause because it's consequential to the other clause we stood down. We need to do the other clause before we can do this clause.

3:50 p.m.

Liberal

David Graham Liberal Laurentides—Labelle, QC

Are there others that this affects too?

3:50 p.m.

Calgary Midnapore, CPC

Stephanie Kusie

Seventy-nine.

3:50 p.m.

Liberal

The Chair Liberal Larry Bagnell

Okay, so we'll skip that for a little while but come back to it later this afternoon.

(Clause 194 allowed to stand)

(On clause 195)

Amendment CPC-75 was consequential to CPC-72, which was defeated, so that doesn't pass.

Does clause 195 carry as presented?

3:55 p.m.

Calgary Midnapore, CPC

Stephanie Kusie

Clause 195 is agreed to on division, and clause 196 can carry with us.

(Clause 195 agreed to on division)

(Clause 196 agreed to)

(On clause 197)

3:55 p.m.

Liberal

The Chair Liberal Larry Bagnell

We have amendment CPC-75.1.

3:55 p.m.

Conservative

John Nater Conservative Perth—Wellington, ON

Chair, that clause talks about the early counting of advance ballots. We just put a minimum number of votes required to allow that to happen. I know in the last election that happened from time to time, the reason being there was a large turnout for advance voting. This just provides a number to go with that and then there are the other provisions it's applied to. I believe there are four provisions.

3:55 p.m.

Liberal

The Chair Liberal Larry Bagnell

Are you saying they can count before the poll is closed—

3:55 p.m.

Conservative

John Nater Conservative Perth—Wellington, ON

Yes, including—

3:55 p.m.

Liberal

The Chair Liberal Larry Bagnell

—if there are more than 500 votes?

3:55 p.m.

Conservative

John Nater Conservative Perth—Wellington, ON

Yes.

3:55 p.m.

Liberal

The Chair Liberal Larry Bagnell

Whereas before, the authority there was to count before the poll closed, but there wasn't a number? Is that—

3:55 p.m.

Conservative

John Nater Conservative Perth—Wellington, ON

I believe so.

Perhaps our Elections Canada officials can speak to this.

3:55 p.m.

Liberal

The Chair Liberal Larry Bagnell

Okay.

3:55 p.m.

Conservative

John Nater Conservative Perth—Wellington, ON

There was an adaptation of the act to allow this to happen in the most recent election. I believe the number that was based on was 500. Perhaps Elections Canada could help us with that.

3:55 p.m.

Deputy Chief Electoral Officer, Regulatory Affairs, Elections Canada

Anne Lawson

I myself was trying to remember the number, and unfortunately I don't have the adaptation in front of me, so I can't answer this specific question. I don't think we'd take any position on the policy around this issue.

3:55 p.m.

Liberal

The Chair Liberal Larry Bagnell

Right now, the Chief Electoral Officer can start counting at the advance poll, but there's no number to prescribe when he could start. This would prescribe when they could start, basically.

Mr. Morin.

3:55 p.m.

LCdr Jean-François Morin

Actually, the act doesn't allow for it currently. The Chief Electoral Officer used his power under section 17 of the Canada Elections Act to adapt the act for the last general election.

Bill C-76 would make it an official rule that the counting of the vote for advance polling can begin one hour before the close of polling on polling day. Traditionally, when this power has been used, it has been when a large number of ballots were cast at the advance polls. I think that one of the rationales for this was that when the results of the votes are made public on election night, often the results for the advance polling stations come out very late because the vote was longer and the number of votes was much higher.

That being said, on page 104 of the bill, in lines 17 to 19 in English, the returning officer can only count the vote at an advance polling station if he “has obtained the Chief Electoral Officer's prior approval” for doing so.

This is an authorization by the Chief Electoral Officer, and the counting is done in accordance with the Chief Electoral Officer's instructions, so this gives flexibility to the Chief Electoral Officer to determine which advance polling stations should see the counting of the vote begin in advance of closing.

3:55 p.m.

Liberal

The Chair Liberal Larry Bagnell

So the present situation is that the Chief Electoral Officer can decide when to allow advance polling up to an hour before. This amendment says he can't do it until there are 500 votes cast.