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.
Conservative
John Nater Conservative Perth—Wellington, ON
If he didn't, though, and if it were to come into effect during the pre-writ period, how would Elections Canada deal with that? That's what I'm wondering.
October 18th, 2018 / 12:45 p.m.
Senior Counsel, Legal Services, Elections Canada
Unfortunately—I think I have to be honest—I can't say I have information on that particular case. Part of the issue, of course, is exactly what has just been expressed. There is the possibility of bringing things into force earlier. We're monitoring the situation, and depending upon when it is passed, we'll have to consider it.
NDP
Nathan Cullen NDP Skeena—Bulkley Valley, BC
Your worry is that any delay means that the pre-election limits on advertising by political parties—
NDP
Liberal
David Graham Liberal Laurentides—Labelle, QC
Whereas if they don't do this, the CEO has a pretty strong incentive to make sure it's in place on time.
NDP
Nathan Cullen NDP Skeena—Bulkley Valley, BC
I thought I just heard that the CEO could place those limits through the Canada Gazette. Is what you were suggesting, Monsieur Morin, that the CEO could do it, through gazetting only?
Liberal
David Graham Liberal Laurentides—Labelle, QC
He could, but if this passes he doesn't have to. If this doesn't pass, he pretty much has to bring it in before that pre-writ period starts, so if you want those spending limits in next time, this amendment can't happen.
Liberal
Conservative
John Nater Conservative Perth—Wellington, ON
I thought the Liberals liked giving discretion to the CEO. This seems to be going against it.
I would just point out—and I'm not going to dwell on this any longer—that the coming into force provisions of this bill are awfully unique. I wish I had some insight into exactly why this unique coming into force provision was added to this bill, but it does muddy a lot of things by having this “six months, oh but maybe if we're able to”. It's unique, and I suspect that's a challenge. I would have loved to have been a fly on the wall when that was done.
I'm going to leave it there, Chair.
Liberal
The Chair Liberal Larry Bagnell
Okay. We'll vote on CPC-195.
(Amendment negatived [See Minutes of Proceedings])
There is no new clause 383.1.
I am of the understanding that because we're so close, a majority of the committee is willing to stay a little later if we have to.
Liberal
Conservative
Scott Reid Conservative Lanark—Frontenac—Kingston, ON
Let's see if we can do it in the next eight minutes, then.
NDP
Nathan Cullen NDP Skeena—Bulkley Valley, BC
Is now the appropriate time?
I haven't done any of these but there's an amendment I'd like us to consider. It will require unanimous consent, because it goes back. We were working with Elections Canada in a previous iteration to try to figure out language around this. You and I would have this experience, but perhaps other committee members don't. This is about the timing of when results are released during election night. Many of our constituents are still going to the polls when results are coming out from the east coast: how Newfoundland, Nova Scotia or P.E.I. have voted already.
I think there are provisions in the act in terms of the availability of information being somewhat equal to voters across the country. That privileged information can't be given to some voters and not others. This is affected in section 283. This is why it will need unanimous consent.
Just allow me to read it out, explain it, then one comment to the elections officials and then move on. It would say, “One and a half hours after the polling stations close in Newfoundland and Labrador, one hour after the polling stations close in the Maritimes and immediately after the polling stations close in the rest of the country, an election officer who is assigned to the polling station shall count the votes in the presence of” Then it continues through section 283, which is the counting of votes.
We've been struggling for years. It's been taken all the way to the Supreme Court, as some people know. This was about transmission of results initially but this is also just about the fairness.
I grew up in Toronto so I didn't experience this until I became a voter and was living on the west coast. When heading to the polling station the results of the election were announced already, at four o'clock, five o'clock, six o'clock. I think Elections Canada has also contemplated and tried to find ways around this.
It's very difficult to open the boxes, start the counting and then not to release the results. That was one of the things that was contested at court. We're suggesting a delay until the counting begins but not an extensive delay, 60 minutes and 90 minutes in the extreme case. Then the counting begins. Then the results start to come out.
It narrows the gap as to how much we're hearing the results in the western provinces of what the eastern provinces have already decided. Other countries deal with this in totally different ways, which we're not suggesting. We're just attempting to do this by saying, when the polls close, the boxes are sealed, have a cup of coffee, wait 60 minutes, then open them up, start to count, and release the results as per normal.
NDP
Nathan Cullen NDP Skeena—Bulkley Valley, BC
I want to ask the officials if what I'm suggesting here is feasible logistically.
It makes for extra long days, a longer day.
Senior Counsel, Legal Services, Elections Canada
It is logistically feasible but it does make for longer workdays. We already have very long days and tired poll workers are often a problem at the end of the day. That would be the main operational concern in holding the results.
It could be done.
Liberal
The Chair Liberal Larry Bagnell
Do we have unanimous consent to go back to the clause where this would be amended?
Liberal
The Chair Liberal Larry Bagnell
(On clause 384)
On clause 384, we have Liberal-65.
Does someone want to present?
Rivière-des-Mille-Îles, Lib.
The purpose of this amendment is to replace all mentions of "section 299" with "section 1" in clause 384 of the bill.