Procedure and House Affairs Committee on Nov. 21st, 2024

[Stéphane Perrault]

Certainly. Thank you for the question.

The act specifies that certain activities are not advertising. This is not done as an exemption or exclusion, but rather for greater certainty. It says, for example, communications between unions and their members...there's a book. It provides a certain list of things that are for greater certainty, not advertising, so it's not an exclusion.

On the other hand, it provides very clearly that activities and surveys that are partisan in nature are regulated, and there is no exception or, for greater certainty, a setting aside of certain activities. That does not mean that these cannot be conducted. It means that in the case of a union or any other entity, if it conducts partisan surveys or partisan activities up to a threshold level, it must register, and then it is subject to a limit, which, I must say, is fairly generous. It's well over a million dollars in the pre-writ period and well over half a million dollars with inflation now during the writ period.

These are not activities that are in any way prohibited, but they are regulated.

[Lindsay Mathyssen, NDP, London—Fanshawe, ON]

Okay. Perfect.

Obviously, we want to make voting easier for everyone and reduce conflict and uncertainty. Could the aspects...? The language in Bill C-65 better clarifies this for individuals as well. It brings these pieces of potential conflict and uncertainty into better harmony.

[Stéphane Perrault]

I'm sorry, Mr. Chair.

Can I ask the member to repeat the question? Is it related to partisan activities?

[Lindsay Mathyssen, NDP, London—Fanshawe, ON]

Yes.

[Stéphane Perrault]

I do not believe it changes the language in that regard.

[Lindsay Mathyssen, NDP, London—Fanshawe, ON]

It doesn't change anything, so nothing's being interfered with. Perfect. Thank you.

Clause 9 in Bill C-65 moves the deadline for candidate registration back two days, from E minus 21 to E minus 23, but it also brings in the ability for candidates to register during that pre-election period. In the case of that fixed election date, there could be a large gain of time, but in the scenario where there's a by-election, which we've seen a lot of, or a snap election, which may happen, there doesn't seem to be a gain. There may be a loss.

Can you tell me if my summary is accurate?

You also mentioned in the table that you submitted with your opening remarks that you support this change. Can you explain why?

[Stéphane Perrault]

I support the opportunity for the preregistration of candidates in the pre-writ period. It provides a lot less stress in the system for both candidates and returning officers, and they can get that clarity up front. The nomination would not be effective until the notice of the writ is published, so within the writ period. There is a bit of a change in the times for the confirmation of candidates and for the parties to provide the endorsement of candidates at that point in time.

This is something I recommended back in 2022. It's in a slightly different form in this bill, but I generally support it.

[Lindsay Mathyssen, NDP, London—Fanshawe, ON]

You still support it.

[Stéphane Perrault]

I do.

[Lindsay Mathyssen, NDP, London—Fanshawe, ON]

Okay.

[The Chair, Liberal, Ben Carr]

Ms. Mathyssen, there are just a few seconds remaining here.

[Lindsay Mathyssen, NDP, London—Fanshawe, ON]

Oh, then I'll cede the floor. Thank you.

[The Chair, Liberal, Ben Carr]

Thank you.

Mr. Cooper, the floor is yours for five minutes.

[Michael Cooper, Conservative, St. Albert—Edmonton, AB]

Thank you very much, Mr. Chair.

Mr. Perrault, we did indeed meet on February 20, 2024. It was billed as a courtesy meeting. We discussed the departmental plan; your report on the 2019 and 2021 elections and discussions about PROC conducting hearings on that report and your coming to appear before the committee; the Nunavut pilot project; and three-day voting, which had been in the news, or there had been media reports about this idea of a three-day election day and discussions between the NDP and the Liberals, pursuant to the SACA.

I just want to clarify that there were no representatives from the PMO at that meeting. Were there?

[Stéphane Perrault]

There were none.

[Michael Cooper, Conservative, St. Albert—Edmonton, AB]

There was no one from the minister's office. Is that correct?

[Stéphane Perrault]

There was not.

[Michael Cooper, Conservative, St. Albert—Edmonton, AB]

There was no one from the PCO. Is that correct?

[Stéphane Perrault]

There was not. This was a meeting I invited you to so that I could convey to you those very same concerns I had.

[Michael Cooper, Conservative, St. Albert—Edmonton, AB]

The very things that I just relayed.... Were there representatives from the Conservative Party of Canada present?

[Stéphane Perrault]

No.

[Michael Cooper, Conservative, St. Albert—Edmonton, AB]

No. There were representatives present from the PMO, the PCO, the minister's office and the NDP when you had a meeting on January 25, 2024. Is that correct?

[Stéphane Perrault]

That's correct—

[Michael Cooper, Conservative, St. Albert—Edmonton, AB]

Thank you very much for that. It sounds like a very different meeting.

I'll move on to another matter. There are changes in the bill with respect to special ballots. Presently, when someone takes out a special ballot, they must write in the name of the candidate. This bill changes that so that if someone were to fill in “Conservative Party of Canada”, they could simply mark in their party preference and not the name of the candidate.

I just want to understand the implications of that in the following hypothetical situation. Say there were a candidate who was running, and they, for whatever reason, withdrew before the deadline or the cut-off, and another candidate replaced them.

If someone had voted on day one of the writ and marked in “Conservative Party of Canada”, and the candidate who was standing for the Conservative Party at that date was different from the candidate who ultimately made the final ballot, how would that vote be treated?

[Stéphane Perrault]

The vote would be treated such that the intent of that person was to vote for the candidate who was the representative of the Conservative Party, in your example, as it stood at the close of nominations. Therefore, if there were a shift prior to the close of nominations, then the.... The list of candidates and party affiliation is crystallized at the close of nominations.