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.
October 18th, 2018 / 12:50 p.m.
Rivière-des-Mille-Îles, Lib.
That's easy: it would read "section 1" instead of "section 299".
NDP
Nathan Cullen NDP Skeena—Bulkley Valley, BC
Maybe. I don't know. I'd like to hear Mr. Morin's comments on that.
LCdr Jean-François Morin
In drafting transitional provisions, it's common to write the first clause that's concerned by the transitional provision in question as a benchmark clause in that transitional provision.
That specific provision in this case states that, if the act comes into force during the election period, the previous version of the act applies with respect to the election and all related obligations and rights, including obligations to report and rights to reimbursement of election expenses.
Section 299 was selected in accordance with this legislative drafting convention. It is the first section in the act that concerns candidates' obligations. However, the Chief Electoral Officer raised a concern about this section in one of the appearances he made before this committee after the bill was introduced.
"Section 299" has been replaced by "section 1" simply to express clearly that this transitional provision applies to all rights and obligations resulting from the act, particularly those with respect to third parties, candidates and registered parties, but also the other rights and obligations arising from the changes made by the bill.
For example, if the bill came into force during a by-election, none of these provisions would be in force for that by-election. The by-election would continue to be administered under the previous version of the Canada Elections Act.
This is a common transitional provision found in most bills amending the Canada Elections Act.
LCdr Jean-François Morin
A similar provision very frequently appears in all bills amending the Canada Elections Act, especially where political financing rules are amended.
NDP
Legal Counsel, Legal Services, Elections Canada
We do agree and, in fact, these provisions are modelled very closely on Bill C-23, the Fair Elections Act, and other acts before. This is very much in keeping with the tradition of transitional provisions.
(Amendment agreed to [See Minutes of Proceedings])
Liberal
The Chair Liberal Larry Bagnell
Just so the committee knows, we need the majority support of the committee to go past 1:00 p.m. We're that close.
NDP
Nathan Cullen NDP Skeena—Bulkley Valley, BC
Is that right? Is that a practice that we've been keeping?
Conservative
Scott Reid Conservative Lanark—Frontenac—Kingston, ON
I'm really familiar with this. On this, there is no dispute.
Liberal
The Chair Liberal Larry Bagnell
We don't want to revisit that.
On CPC-196 amendment to clause 384, do you want to present this?
Calgary Midnapore, CPC
Sure. This is the Chief Electoral Officer's recommendation concerning transitional provisions in the event Bill C-76 takes effect during an election.
Liberal
The Chair Liberal Larry Bagnell
Is there any debate?
(Amendment negatived [See Minutes of Proceedings])
(Clause 384 as amended agreed to on division)
(Clauses 385 to 394 inclusive agreed to on division)
Liberal
Calgary Midnapore, CPC
This maintains the authority to initiate prosecutions with the director of public prosecution.
Liberal
The Chair Liberal Larry Bagnell
This is the drama.
(Amendment negatived [See Minutes of Proceedings])
(Clause 395 agreed to)
(Clauses 396 to 400 inclusive agreed to on division)
(On clause 401)
Liberal
The Chair Liberal Larry Bagnell
The last clause is 401. We have CPC-198.
Do you want to introduce that?
Calgary Midnapore, CPC
This is about pre-election spending limits on political parties, and deferring the implementation to 2021.
(Amendment negatived [See Minutes of Proceedings])
