Procedure and House Affairs committee  The way the Library and Archives of Canada Act works is that each federal institution has a retention calendar for each class of document. For example, an institution may keep its active records and may keep dormant records for a number of years within the institution. Eventuall

Procedure and House Affairs committee  Yes, this amendment would basically remove the words “or is about to be contravened” from proposed subsection 510.01(1).

Procedure and House Affairs committee  No. I think it's a policy decision.

Procedure and House Affairs committee  Again, I would say that this is not within the realm of Elections Canada here. Just to be clear, Elections Canada is not a name that exists. Elections Canada is a trade name for the Office of the Chief Electoral Officer, but there are only two public bodies involved here. The O

Procedure and House Affairs committee  There are some offences that could potentially be committed by members of the Office of the Chief Electoral Officer and potentially by the Chief Electoral Officer himself. I'll remind you that the Chief Electoral Officer is now the only person who doesn't have the right to vote

Procedure and House Affairs committee  If the commissioner were investigating Elections Canada, there would be some good investigative practices in place. I would imagine that the investigation would go on, and at an appropriate point in the investigation, once the evidence has been collected, yes, there would be cont

Procedure and House Affairs committee  I'm a little confused by the comments related to the presentation of the motion, just because I don't read the motion that way. It says, “other than an investigation by the Chief Electoral Officer or a member of his or her staff”. Really it refers to an investigation that would

Procedure and House Affairs committee  Before Mr. Knight and Mr. Sampson answer, I would like to point out that the Chief Electoral Officer of Canada, under the current act, does not have investigative powers. The Chief Electoral Officer will of course conduct some internal investigations of an administrative nature,

Procedure and House Affairs committee  Yes, of course. The act always establishes maximum penalties, but in this case, it would be a novel use of a minimum penalty in the act. Currently, at proposed subsection 508.5(2), the maximum AMP that can be imposed on a person is $1,500.

Procedure and House Affairs committee  It would limit the commissioner's ability to determine an appropriate amount for the AMP.

Procedure and House Affairs committee  No. It would further restrict the flexibility afforded to the commissioner, but at the same time I think that we should trust the commissioner's good judgment in applying the new AMPs regime.

Procedure and House Affairs committee  The context of the AMPs regime is different. The AMPs regime is an administrative process, while the prosecution of offences falls into the criminal set of rules. Yes, there are many safeguards included in the AMPs regime, including an administrative review of the penalty and of

Procedure and House Affairs committee  Given the different burden of proof in a criminal process versus in an administrative process, of course, the rules are different.

Procedure and House Affairs committee  No, it goes into great detail in describing what is and isn't collusion, while the act currently only talks about the general concept of collusion and leaves it to the report to determine the precedent using case law.

Procedure and House Affairs committee  This is a policy decision.