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.
10:10 a.m.
Conservative
John Nater Conservative Perth—Wellington, ON
Does that require unanimous consent since it has been adopted?
10:10 a.m.
Liberal
The Chair Liberal Larry Bagnell
So that removes the line conflict.
Okay, Mr. Nater, thank you for bringing that up and I'm glad you're making such careful....
10:10 a.m.
Liberal
The Chair Liberal Larry Bagnell
Yes, that's impressive.
We're at CPC-163, but it cannot be moved if Liberal-38 passes because it amends the same line as Liberal-57. I'm sorry, this can't be moved.
Liberal-58 can be presented by Mr. de Burgh Graham.
10:10 a.m.
Liberal
David Graham Liberal Laurentides—Labelle, QC
This is related to foreign funding of third parties' regular activities. It will allow the court, having found a third party guilty of an offence related to the use of foreign funds, to impose an additional punishment equal to five times the amount of foreign funds used in contravention of the act.
10:10 a.m.
Liberal
David Graham Liberal Laurentides—Labelle, QC
It creates a punitive.... What is it called when you get additional penalties based on the gains? I'll ask the lawyers.
10:10 a.m.
LCdr Jean-François Morin
In addition to the penalty imposed by the judge under section 500, if a third party is found guilty of having used foreign funds, then the judge could impose an additional penalty over the punishment that was imposed of up to five times the amount of foreign funds that were used in contravention of the act.
10:10 a.m.
Liberal
10:10 a.m.
LCdr Jean-François Morin
If you use a contribution of $5,000 from a foreign origin, a fine of $10,000 could be imposed, for example, and then an additional penalty of $25,000.
10:10 a.m.
Liberal
The Chair Liberal Larry Bagnell
Is there discussion on this amendment?
(Amendment agreed to [See Minutes of Proceedings])
We'll go to CPC-164.
Stephanie.
10:10 a.m.
Calgary Midnapore, CPC
This has tougher anti-collusion definitions and penalties that essentially result in a third party that's found guilty of offences under sections 349 and 351 to cease being registered as a third party.
10:10 a.m.
Liberal
David Graham Liberal Laurentides—Labelle, QC
Mr. Morin, can you explain the effect of deregistering a third party, given that they don't run?
10:10 a.m.
Voices
Oh, oh!
10:15 a.m.
LCdr Jean-François Morin
I'll make a technical comment first. We would need to verify, but in the chapeau at new proposed subsection 500(7), I think a few of these provisions that have been mentioned have not been adopted or carried. We would need to verify that.
The concept of deregistration of a third party is currently foreign to part 17 of the Canada Elections Act.
Is it...?
10:15 a.m.
Senior Counsel, Legal Services, Elections Canada
It does not exist in the act. I guess the consequence—I haven't studied this too closely—would probably be that then they cease to have obligations under the act. One unintended consequence of this might be that they couldn't be found guilty of the offences that we....
10:15 a.m.
Liberal
David Graham Liberal Laurentides—Labelle, QC
But they could be found guilty of not being registered.
October 18th, 2018 / 10:15 a.m.
LCdr Jean-François Morin
not really, because they would be deregistered as a result of the act, and it would also put into question the requirement for them to present a financial return after the election.
I am really unsure of the entire scope of this amendment.
