Mr. Speaker, I doubt very much if I will take the full 20 minutes, therefore leaving time for members of the government side or opposition benches.
I am very pleased to be able to put forward our party's position on the third reading of Bill C-9, an act to amend the Canada Elections Act.
I would also like to commend and congratulate my colleague, the House leader of the Conservative Party and the member for Pictou—Antigonish—Guysborough, who has the carriage of this piece of legislation. In my opinion he does yeoman's duty in making sure that positions are put forward. In fact maybe even the government could take notice of the quality of the suggestions put forward.
Perhaps it could even accept some of those suggestions for the future because, as was mentioned earlier by the previous speaker, the government has a part to play in this piece of legislation. The part that it has to play is to look at the process used to put forward Bill C-2 prior to the last surprise election called in October 2000. Bill C-2 came forward and there were many problems with that piece of legislation, as we have now identified. There were many difficulties with that legislation.
Had the government listened to opposition members and looked at the very valid amendments that were put forward, it would not have had to rush through a very bad piece of legislation that now has to come back with another amendment, Bill C-9, to be able to fix the myriad of problems that it faced.
I will deal specifically with Bill C-9 as it is before us. The bill reduces from 50 to 12 the number of candidates a party would have to field for purposes of having its candidates' party affiliation indicated on the ballot. It also clarifies and harmonizes certain provisions in the act and proposes one amendment to the Electoral Boundaries Readjustment Act.
I should also say that we in the Progressive Conservative Party will be supporting the legislation for any number of reasons, one of which is that the Senate still has the opportunity of reviewing it and perhaps making some clean up changes that are necessary.
Also, despite the work accomplished by parliamentarians in a very short period of time when Bill C-2 was under consideration, the government admits that certain translation and concordance errors between the English and French versions slipped through into the new elections act. It was sloppy workmanship and I am sure the government will accept its full responsibility for that.
When Bill C-9 was debated at second reading, the government House leader said that the application of the new legislation had revealed a number of irregularities that had to be rectified. That is in Hansard at page 1053. Some of these could have caused problems because, as we see further on, they went beyond a simple act of concordance between the English and French versions.
A member of the government said that the government did not have to worry about that because it was not its job. Well it is the government's job to make sure that legislation is in fact the right legislation for Canadians, particularly when it deals with the Canada Elections Act. This is what is at the heart of our democracy and at the heart of what we as parliamentarians in the House should be dealing with, where the electorate, the public of the country, have the right to put the people who they want in the House for a particular time.
The legislation is too important to simply say that it was not the government's fault. It was the government's fault and we are trying to fix it now.
The integrity of the electoral system is important to Canadians. There is no doubt that errors could have been avoided if the Liberal government had given parliament more time to consider the provisions of the new Canada Elections Act with greater care.
I would like to spend a few minutes outlining some of the specific amendments that are dealt with in Bill C-9. As has been mentioned before, and I am sure I will repeat some of the comments that were made, I will touch briefly on some of the areas that are of particular concern to me and certainly to my colleague for Pictou—Antigonish—Guysborough.
The first part that we heard about earlier was party affiliation on the ballot. When Canadians go into a polling booth and look at the ballot they know that my name is associated with a particular political party, as are other names of people sitting in the House. The amendments proposed in Bill C-9 are due in large part to the court ruling in the Figueroa case.
In response to the Ontario Court of Appeal ruling, clause 12 of Bill C-9 would amend subsections 117(2) of the act reducing from 50 to 12 the number of candidates required for their party affiliation to be indicated on the ballot. This new provision would apply only if the nomination of the 12 candidates had been confirmed for the general election or, as in the case of a byelection, in the immediately preceding general election.
While the Lortie commission report recommended 15 candidates as the minimum, the Liberals have chosen 12 because that is the number of members of parliament that a political party requires to be officially recognized in the House of Commons.
The fact that this legislation deals with 12 as being the number for party affiliation is accepted by our party. Certainly most of the parties in the House have been represented by substantially more candidates than have run in previous elections. The fact is that we do have party affiliations. I am very proud of my party affiliation with the Progressive Conservative Party.
Therefore, I believe, and my party accepts the fact, that the affiliation should be identified on a ballot so that when Canadians go to the polling booth they will know exactly who and what party they are voting for to sit in the House of Commons.
Currently section 18(1) of the act currently provides that the CEO may carry out studies on voting, in particular with respect to alternative voting means, and devising and testing an electronic voting process for use in a future general election or byelection.
The use of such a process must be approved in advance by a committee of the House of Commons that normally considers electoral matters. This is an accepted part of the legislation but I do put a caveat on that. We must be very careful when dealing with any type of alternate way of counting ballots. As we have seen just recently in the United States election, there are a number of different processes used and some of them are not quite as competent as perhaps others. We should be very careful when suggesting that an improvement to the system will make it better because in some cases it does not necessarily do that.
During the consideration of Bill C-2 by the Senate, a number of senators, both Progressive Conservative and Liberal, said that they were disturbed to see that the Senate was excluded from this process.
Pursuant to the commitment made by the government to members of the Senate Standing Committee on Legal and Constitutional Affairs during the consideration of Bill C-2 in May 2000, Bill C-9 would amend section 18(1) to include in the approval process the Senate committee that considers electoral matters. Normally such matters are referred to the Senate Standing Committee on Legal and Constitutional Affairs. The input from our colleagues in the other place is an important aspect of this process and one which I am pleased to see included in Bill C-9.
We heard comments from my colleague from the Bloc who suggested that his party will put forward an amendment or subamendment to change this particular clause. Our party agrees with what has been put forward in Bill C-9 which was not put forward in Bill C-2. We can sit in the House and debate the legitimacy and the necessity of the other House but I am not prepared to do that right now. What I would like to say is that there must be a backstop when a majority government puts forward legislation in this House. There must be a second opinion of the legislation.
A perfect example of that particular situation was when Bill C-2 came forward. It was pushed through with very little discussion, if any, and no changes were made to a very bad piece of legislation. It has now come forward again because of that. This is a prime example of why the Senate must have an influence on this legislation. Bill C-9 speaks to that and we are very pleased that the government has corrected this very glaring error.
Another part of the bill deals with the registration of the electors themselves. Subsection 44(1) of the Canada Elections Act requires the CEO to keep a register of electors, in other words, a permanent voting list containing the names of all Canadians qualified to vote.
Under subsection (2) of the act, the list shall contain each elector's family and given names, sex, date of birth and civic and mailing addresses, as well as any other information that the CEO may require under section 55 of the act. Section 55 allows the CEO to communicate information in the register to a province when it decides to establish a list similar to the federal one.
Information compiled by the CEO under section 195 of the act, statement of ordinary residence by an elector belonging to the Canadian forces, may not be communicated to the provinces because the wrong provision is cited in subsection 44(2).
Clause 4 of Bill C-9 would amend subsection 44(2) to correct that error, an error that should not have gone forward but did. It is subsection 195(7) and not subsection 195(3) that allows the CEO to communicate to a province information about the ordinary residence and members of the military.
A substantial amount of Bill C-9 deals with third party spending reports. Subsection 353(1) of the act requires third parties to register with Elections Canada once they have incurred election expenses of more than $500.
Subsection 359(1) requires third parties to file a report documenting the value of expenses and advertising, as well as their funding sources during the campaign and for the six month period prior to the issuing of the writ.
Clause 20 of Bill C-9 would amend subsection 359(1) to specify that only third parties required to be registered with the CEO must file such a report.
When Bill C-9 was tabled, several observers thought that the government would propose amendments dealing with the ceiling on expenses imposed on third parties during election campaigns.
Under section 349 of the act, a third party is defined as “a person or a group other than a candidate, registered party or riding association of a registered party. It could mean an unincorporated trade union, trade association or any other group of persons acting together by mutual consent for a common purpose.
The Canada Elections Act passed in May 2000 provides that, during a general election, the ceiling on third party election spending is $150,000 at the national level and $3,000 for each electoral district. In a byelection a third party may spend $3,000.
On October 23, 2000, Mr. Justice Cairns of the Alberta Court of Queen's Bench granted an injunction prohibiting Elections Canada from enforcing the third party election advertising spending limits in the Canada Elections Act.
Originally the injunction was to be in effect until Judge Cairns handed down his ruling on the main matter before him, that is, the constitutionality of provisions relating to third parties in the new elections act. The injunction was upheld shortly afterward by the Alberta Court of Appeal.
The injunction was granted in response to legal action undertaken by the National Citizens' Coalition led by a former Reform Party member, Stephen Harper. The coalition is currently contesting the new provisions.
However, on November 10, 2000, the Supreme Court of Canada lifted the injunction in its ruling in Canada vs. Stephen Joseph Harper. Eight of the nine justices were in favour of staying the injunction until the constitutionality of the contested provisions could be ruled on or by the courts. Only Mr. Justice John Major opposed this decision.
In paragraph 11 of the judgment, the majority opinion of the court held that:
—the public interest in maintaining in place the duly enacted legislation on spending limits pending complete constitutional review outweighs the detriment to freedom of expression caused by those limits.
In response, Elections Canada announced that the provisions regarding third party spending would not be enforced for the period from October 22, 2000, the date that the writs were issued for the general election, to November 10, 2000. They would however be enforced after that up to November 27, 2000 which was polling day.
The Alberta Court of Queen's Bench has still not ruled on the constitutionality of the Canada Elections Act provisions with regard to third parties.
While we welcome legislation, perhaps this should have been avoided if the government had not done such sloppy work on Bill C-2.
We will be supporting the legislation going forward for a number of reasons, as I have tried to indicate in this dissertation. We would also suggest very strongly that one of the reasons we support it is that it will have an opportunity to be heard on the Senate side. We will have an opportunity to discuss, debate and perhaps put forward amendments to legislation that could be better enforced and put forward better in the Senate.
I hope we have learned some lessons from the inconsistencies and problems that came forward with Bill C-2 and do not repeat them with Bill C-9. Hopefully, when we bring in legislation, put them to a committee, and listen to legitimate concerns, complaints and suggestions as to how they could be made better, that maybe the government will listen to those concerns and suggestions openly and honestly, and make those changes at that point in time, as opposed to taking forward legislation that is inaccurate.