Evidence of meeting #126 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 agreed.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Stephanie Kusie  Calgary Midnapore, CPC
Jean-François Morin  Senior Policy Advisor, Privy Council Office
Trevor Knight  Senior Counsel, Legal Services, Elections Canada
Robert Sampson  Legal Counsel, Legal Services, Elections Canada
Philippe Méla  Legislative Clerk

4:55 p.m.

Calgary Midnapore, CPC

Stephanie Kusie

I believe this is within the same—

4:55 p.m.

Liberal

The Chair Liberal Larry Bagnell

—spirit?

4:55 p.m.

Calgary Midnapore, CPC

Stephanie Kusie

—spirit, exactly. Thank you.

I don't think there is a need to discuss it further.

4:55 p.m.

Liberal

The Chair Liberal Larry Bagnell

Okay, we will vote on the Conservative amendment with the reference number 10009236 that would create new clause 252.1.

(Amendment negatived [See Minutes of Proceedings])

There is no new clause 252.1 because the two amendments proposing to add it were defeated.

(On clause 253)

There is an amendment, CPC-118.

Would the Conservatives present that amendment, please.

4:55 p.m.

Calgary Midnapore, CPC

Stephanie Kusie

This is maintaining the public disclosure of candidates' expense returns, but through online publication instead of by visiting the returning officer. The text is amended exactly as that:

The Chief Electoral Officer shall, as soon as feasible after receiving the documents referred to in subsection 477.59(1) for an electoral district, publish them on his or her Internet site.

It seems modern and expedient.

4:55 p.m.

Liberal

The Chair Liberal Larry Bagnell

Mr. Graham.

4:55 p.m.

Liberal

David Graham Liberal Laurentides—Labelle, QC

As subsection 382(1) requires that these things be disclosed in a manner considered appropriate by the CEO as it is, I don't see the advantage of adding this thing. The CEO can already mandate it.

4:55 p.m.

Liberal

The Chair Liberal Larry Bagnell

Well, you just said it was up to his discretion.

4:55 p.m.

Liberal

David Graham Liberal Laurentides—Labelle, QC

That's right. It's up to the CEO.

4:55 p.m.

Liberal

The Chair Liberal Larry Bagnell

So he doesn't have to do it electronically.

4:55 p.m.

Liberal

David Graham Liberal Laurentides—Labelle, QC

It's what he considers appropriate.

4:55 p.m.

Liberal

The Chair Liberal Larry Bagnell

Mr. Cullen.

4:55 p.m.

NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

That's right, because Elections Canada....

I rather assumed that posting candidates' expenses was done electronically. Is it done already, or not so much?

4:55 p.m.

Senior Counsel, Legal Services, Elections Canada

Trevor Knight

Yes, it is. The obligation in the act, and I don't have the section right with me, is to publish the returns in the manner and form which the Chief Electoral Officer feels is appropriate. On the Internet, then—

5 p.m.

NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

What is currently done? What is the current practice?

5 p.m.

Senior Counsel, Legal Services, Elections Canada

Trevor Knight

They are published on the website, although not exactly as they come in, but in a more searchable form. They're translated into a form that allows them to be searched.

5 p.m.

NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Right. What this would insist on, then, is the practice that you currently have. I'm wondering whether this would alter anything that Elections Canada currently does.

5 p.m.

Senior Counsel, Legal Services, Elections Canada

Trevor Knight

It is essentially what we do. One thing that we do on the website is publish the name and postal code of contributors rather than the name, address and postal code, to balance between privacy and disclosure. This would have us publish, presumably, the whole document.

5 p.m.

NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

I'm sorry, but can you help me to understand why that enhanced amount of disclosure would be mandated by this change? You're suggesting that what is published right now is a bit more limited information, in terms of postal code and name.

5 p.m.

Senior Counsel, Legal Services, Elections Canada

Trevor Knight

The street address is not published, so—

5 p.m.

NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Does this require the street address?

5 p.m.

Senior Counsel, Legal Services, Elections Canada

Trevor Knight

Well, because it is in the document that we receive.... The return is available at Elections Canada in an unredacted form, but it's not published at Elections Canada. It's available to anyone who wishes to inspect it.

On the website, the contents of the document are reported, but they're in a more readable form. They're taken from the paper document and put into a system, but there's a difference, which is that the street address is not published, because that reflects a long-time practice that was developed a long time ago with the Privacy Commissioner. This, by requiring the publication, would slightly alter that practice.

5 p.m.

NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

This is my last question, Chair.

Just to be clear, you're suggesting that discretion would no longer be available if we passed this amendment; that if you have to pass it in this form, Elections Canada would be prevented from redacting things such as street address.

I'm not reading it that way, but I know this has a couple of references in it to other sections of the act.

5 p.m.

Senior Counsel, Legal Services, Elections Canada

Trevor Knight

I would just read it as.... I mean, there are other references to the return. Section 477.59 is the candidate's return, so it would be published on the website. This is a quick read at this time, but it looks to me like it suggests that it would then be posted on the website, presumably in a PDF format—

5 p.m.

NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

With the address.