Mr. Speaker, during the second reading of Bill C-19, an act to amend the Canada Elections Act (COVID-19 response) and its debate, I found an error in the text of the bill. At the top of page 12 concerning section 4 of the Elections Act, entitled, “Receipt of special ballot — application made in electoral district” in English, clause 239(2) states that it contains provisions for the receipt of ballots “in the National Capital Region no later than 6:00 p.?m. on the Tuesday”.
In the French version, clause 239(2) reads: “parvienne au bureau du directeur du scrutin au plus tard à 18 h le mardi qui suit”.
The same clause of the bill has two very different meanings. In one language, special ballots are to be received in the National Capital Region, and in the other language they go to the local returning officer. This is a significant discrepancy.
On pages 726 and 727 of Bosc and Gagnon, it states:
Bills are drafted simultaneously in both official languages. Once drafted, they must be approved by Cabinet, after which the Government House Leader customarily reviews them and recommends in favour of or against their introduction in Parliament. Generally, the Government House Leader asks Cabinet to delegate the latter responsibility to him or her.
Page 734 of Bosc and Gagnon talks about the introduction of bills that are in an imperfect shape and that are clearly contrary to the Standing Orders. It goes on to say:
Although this provision exists mainly in contemplation of errors identified when a bill is introduced, Members have brought such defects or anomalies to the attention of the Chair at various stages in the legislative process. In the past, the Speaker has directed that the order for second reading of certain bills be discharged, when it was discovered that they were not in their final form and were therefore not ready to be introduced.
The government was clearly not ready to introduce this bill. The discrepancy between English and French versions shows two very separate, distinct and consequential meanings for elections that are held in Canada, or could be held if this bill were to pass.
I must bring to your attention, Mr. Speaker, that the clause in question was a source of confusion during Monday's House debate, specifically during an exchange between me and the member for Elmwood—Transcona and also with the Parliamentary Secretary to the President of the Queen’s Privy Council for Canada and to the Leader of the Government in the House of Commons.
The discrepancy I have highlighted is not some minor clause. Now I am fearful that the member for Elmwood—Transcona was misinformed, and he and I clearly had a different understanding of the legislation stemming from the incongruity between the French and English texts. He stated in the House that during committee:
We heard from both Elections Canada and Canada Post that the intention is to have special ballots counted locally within the riding, so I think that is already foreseen.
He was likely reading from the French version of the text during second reading.
The parliamentary secretary, the member for Winnipeg North, stated:
[B]allots would be counted in the riding if sent from the riding. This is a very important point to note.
Again, the member was reading from a different version of the bill than I, likely the French version. Whether that was the impression given in committee or the intention of government, that is not what the English text of the bill says. It is clear that the wording of the bill misled members of the House and we may well need to restart debate entirely. I will note that practically half of my comments in debate centred on clause 239 and the impact it would have on local elections.
I raised this immediately with the clerks on Monday and with the member for Kingston and the Islands, but it was not addressed.
Mr. Speaker, I ask that you review this matter and rule on whether this bill can stand in its current form or if it needs to be discharged from the House of Commons and resubmitted. Again, clause 239 in the bill, if enacted, could impact millions of Canadians voting in an election during a pandemic. This is not a minor clause, and whether we read the French version or the English version would have grave consequences for how an election would be conducted in Canada.
