Evidence of meeting #33 for Procedure and House Affairs in the 45th Parliament, 1st session. (The original version is on Parliament’s site, as are the minutes.) The winning word was political.
A recording is available from Parliament.
Conservative
Grant Jackson Conservative Brandon—Souris, MB
Thank you very much for that. I wanted a little clarity on that.
I'm also curious about advance polling boxes. Can you walk me through that? Once advance polling locations close, what are the security protocols around those ballot boxes until they're opened and counted at the end of election day?
Chief Electoral Officer, Office of the Chief Electoral Officer
There are security protocols, and I can share with the committee more written elements about that.
Deputy returning officers have the obligation to safeguard the ballot boxes that they take out of the polling places after polling day. Returning officers in urban settings may request that those ballot boxes be brought back to the returning office, where they are secured, typically within a locked room within the locked office or within a locked cabinet within the locked office. In many rural and remote areas, that is, of course, not possible. In those cases, the deputy returning officer has the obligation to safeguard the box. The box is sealed, and the seals are signed by the poll worker and by the witnesses at the count—
Conservative
Chief Electoral Officer, Office of the Chief Electoral Officer
They go home, where they must be safeguarded at all times until they are returned with the seals. There are a number of administrative safeguards. The number of ballots is identified and the sequence number of ballots used at that poll is identified, so there are tracking mechanisms to make sure that this is the right ballot box with the right ballots in it, and that it has not been opened.
Liberal
The Chair Liberal Chris Bittle
I'll cut you off because you have three seconds to go.
We'll now go to Mr. Jeneroux for five minutes, please.
Liberal
Matt Jeneroux Liberal Edmonton Riverbend, AB
Thank you, Mr. Chair.
Thanks to the witnesses for joining us here today.
I want to begin my questions with you, Madame Simard. We've seen recently an issue in Alberta that I'd love to get your comments on.
Can you confirm that you're able to start an investigation on your own initiative and that a complaint doesn't have to meet a certain minimal threshold in order to trigger an investigation, as I believe it did in Alberta?
Commissioner, Office of the Commissioner of Canada Elections
I would first like to say that, as far as Alberta is concerned, I'm referring to public information.
To answer the question specifically, the Canada Elections Act does allow me to launch an investigation on my own. In a case like that, if it happened at the federal level, there would be that possibility.
Liberal
Matt Jeneroux Liberal Edmonton Riverbend, AB
Can you talk to us about the penalties provided for under the CEA for misuse of the list of electors, and what those would be?
Commissioner, Office of the Commissioner of Canada Elections
Again, hypothetically, if this happened at the federal level, there would be a violation. If I remember correctly, it's specified under 111(f).
I can confirm that the penalties are a $10,000 fine—it's the criminal justice system, so we're talking about fines—and one year in prison.
Liberal
Matt Jeneroux Liberal Edmonton Riverbend, AB
Great, that's similar to the testimony we heard earlier this week.
I also want to understand.... If your investigation reveals a contravention of the CEA, you have a range of tools that are available to you at your discretion. Could you help us understand what factors you consider when determining whether to issue a letter, a notice of violation or an AMP, or whether to lay a criminal charge?
Commissioner, Office of the Commissioner of Canada Elections
When it comes to assessing the facts and the evidence on file, it's a question of gravity. If there were one thing to remember, it would certainly be that.
There's a whole series of factors to consider in the administrative regime. However, an internal policy makes it possible to define discretion a bit better. An explanation of the type of violation could also apply depending on the gravity of the facts. All of that is already well structured, and it's governed by clear guidelines.
Ms. Richard, I'll turn it over to you to give some clarification.
Chantal Richard Executive Director and Senior General Counsel, Office of the Commissioner of Canada Elections
I would just add that the current offence that the commissioner referred to regarding misuse of personal information or a list of electors is only part of the criminal regime. We did recommend, in our 2022 report, to have this provision included as part of the administrative monetary penalty scheme, but it has not been included as part of Bill C-25, so we have only the criminal pathway available to us in a situation similar to the one in Alberta.
Liberal
Matt Jeneroux Liberal Edmonton Riverbend, AB
Thank you.
This is probably my last question. Your recommendations reports from the 2019 and 2021 general elections included a prohibition on providing false, misleading information in nomination papers, which is contained in Bill C-25. Is it your understanding that this would cover a scenario where someone signs a nomination paper that doesn't have the candidate's name on it?
Commissioner, Office of the Commissioner of Canada Elections
Ms. Richard, can you answer the question?
Executive Director and Senior General Counsel, Office of the Commissioner of Canada Elections
Yes, we believe that, in some scenarios, the new violations on false and misleading statements in a nomination paper could be used in a situation such as that one. I would say that the recommendation was made in relation to other cases we had seen and not one where there's a blank nomination form with no candidate's name, but we think it could apply in some scenarios.
Liberal
Green
Elizabeth May Green Saanich—Gulf Islands, BC
Mr. Chair, may I ask for unanimous consent at this moment?
Green
Elizabeth May Green Saanich—Gulf Islands, BC
I'd like 30 seconds to pose a question to Monsieur Perrault. I think it would be a yes or no. It's up to my colleagues, of course.
Liberal
Green
Elizabeth May Green Saanich—Gulf Islands, BC
Thank you, Mr. Chair.
Thank you to all my colleagues.
Very briefly, Mr. Perrault, I think I've understood your testimony to be that you stand by the recommendations of the 2022 report from your office, many of which were included in Bill C-65, which died on the Order Paper.
My question is this: Do you think Bill C-25 would be stronger if it still included the sections from Bill C-65 that have been dropped?