Evidence of meeting #127 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 elections.
A recording is available from Parliament.
LCdr Jean-François Morin
In the past, there used to be various limitations, delays or timelines in the Canada Elections Act. They were extended on a few occasions. My understanding is that in 2014 they were eliminated altogether.
I stand to be corrected on that.
Senior Counsel, Legal Services, Elections Canada
Unfortunately, I don't know off the top of my head what they are.
Liberal
Ruby Sahota Liberal Brampton North, ON
I'm really perplexed by this amendment. I would think that, if new evidence came to light, you'd want that testimony to be present in order to bring forth an investigation.
It seems like the opposite of what the Conservatives have been saying they're trying to do.
I would be very opposed to this. I think that the destruction of evidence before it's necessary is not a good thing.
Conservative
John Nater Conservative Perth—Wellington, ON
Perhaps here's a question to our friends from Elections Canada. Is there a normal practice right now? How long would this type of information be maintained within Elections Canada at this point in time?
Senior Counsel, Legal Services, Elections Canada
Because the commissioner of Canada Elections is a separate body and is independent, it would deal with the evidence and have rules, as Jean-François mentioned, with respect to how long it has to retain documents. All public bodies have agreements with Library and Archives Canada for that sort of thing.
Elections Canada has those agreements with respect to all the documents we prepare and keep from elections. We have a schedule as to when we dispose of them. Some of them go to Library and Archives, and others are destroyed. I imagine the commissioner would have something similar. I don't know the details of it.
Liberal
The Chair Liberal Larry Bagnell
If they go to the library, are they still available to a prosecutor or the commissioner?
LCdr Jean-François Morin
The way the Library and Archives of Canada Act works is that each federal institution has a retention calendar for each class of document.
For example, an institution may keep its active records and may keep dormant records for a number of years within the institution. Eventually they are either disposed of by the institution or transferred to Library and Archives. They would be kept then for a number of years.
It's really complex. Each class of documents has its own retention period. It really depends on the type of document we're talking about, and it varies from one institution to another.
(Amendment negatived)
(Clause 357 as amended agreed to on division)
(On clause 358)
Calgary Midnapore, CPC
Pardon me.
We wanted clause 353 on division, 354 on division....
The Clerk of the Committee Mr. Andrew Lauzon
Clauses 353, 354, 355 and 356 were carried on division.
Liberal
The Chair Liberal Larry Bagnell
We're on clause 358, and there are two amendments, CPC-174 is defeated consequential to CPC-172. We're going to now discuss CPC-175. A vote on CPC-175, as Stephanie gets ready, also applies to CPC-179 on page 338, CPC-180 on page 339, CPC-181 on page 340, CPC-182 on page 341, CPC-183 on page 342 and CPC-191 on page 354, as they are linked together by the director of public prosecutions.
Stephanie, go ahead, on CPC-175.
Calgary Midnapore, CPC
This transfers responsibility to review the commissioner's administrative monetary penalties from the Chief Electoral Officer to the director of public prosecutions.
Liberal
Conservative
John Nater Conservative Perth—Wellington, ON
Just to provide a little bit more information as well, now that we're moving the commissioner back in-house within the broad elections complex, let's call it, whatever trade name you want to call it, we think it would be appropriate that an external review process be available to those who are seeking reviews. That's why we're suggesting it be the director of public prosecutions, which makes sense from a legal standpoint.
NDP
Nathan Cullen NDP Skeena—Bulkley Valley, BC
The offer for a complaint coming from a citizen, you want to have it externalized not have it in-house?
NDP
Nathan Cullen NDP Skeena—Bulkley Valley, BC
What's the scenario you're imagining that would not be satisfactory currently?