Proceedings of the Standing Senate Committee on
Legal and Constitutional Affairs
Issue 29 - Minutes of Proceedings
OTTAWA, Wednesday, May 30, 2007
(72)
[English]
The Standing Senate Committee on Legal and Constitutional Affairs met this day at 4:15 p.m., in room 257, East Block, the Chair, the Honourable Donald H. Oliver, presiding.
Members of the committee present: The Honourable Senators Andreychuk, Baker, P.C., Bryden, Fraser, Joyal, P.C., Milne, Oliver, Nolin, Ringuette, Rivest and Stratton (11).
Other senator present: The Honourable Senator Prud'homme, P.C. (1).
In attendance: Wade Riordan-Raaflaub, Analyst, Parliamentary Information and Research Services, Library of Parliament.
Also in attendance: The official reporters of the Senate.
Pursuant to the Order of Reference adopted by the Senate on March 21, 2007, the committee continued its consideration of Bill C-31, to amend the Canada Elections Act and the Public Service Employment Act. (For complete text of Order of Reference, see proceedings of the committee, Issue No. 27.)
WITNESSES:
Elections Canada:
Marc Mayrand, Chief Electoral Officer;
Diane R. Davidson, Deputy Chief Electoral Officer and Chief Legal Counsel;
Rennie Molnar, Senior Director, Operations, Register and Geography.
Public Service Commission of Canada:
Maria Barrados, President;
Linda Gobeil, Senior Vice-President, Policy Branch;
Marie-Claude Turgeon, Acting General Counsel.
The Chair made an opening statement.
Mr. Mayrand made a statement and, together with Ms. Davidson and Mr. Molnar, answered questions.
It was agreed to extend the session to allow all senators to ask questions.
At 5:25 p.m., the committee suspended.
At 5:31 p.m., the committee resumed.
Ms. Barrados made a statement and, together with Ms. Gobeil and Ms. Turgeon, answered questions.
At 6:44 p.m., the committee adjourned to the call of the Chair.
ATTEST:
OTTAWA, Thursday, May 31, 2007
(73)
[English]
The Standing Senate Committee on Legal and Constitutional Affairs met this day at 10:55 a.m., in room 257, East Block, the Chair, the Honourable Donald H. Oliver, presiding.
Members of the committee present: The Honourable Senators Andreychuk, Baker, P.C., Bryden, Fraser, Joyal, P.C., Milne, Oliver, Nolin, Ringuette, Rivest and Stratton (11).
In attendance: Wade Riordan-Raaflaub, Analyst, Parliamentary Information and Research Services, Library of Parliament.
Also in attendance: The official reporters of the Senate.
Pursuant to the Order of Reference adopted by the Senate on March 21, 2007, the committee continued its consideration of Bill C-31, to amend the Canada Elections Act and the Public Service Employment Act. (For complete text of Order of Reference, see proceedings of the committee, Issue No. 27.)
WITNESSES:
Office of the Privy Council:
Dan McDougall, Director of Operations, Legislation and House Planning;
Natasha Kim, Senior Policy Advisor, Legislation and House Planning.
Department of Justice Canada
Raymond MacCallum, Counsel, Human Rights Law Section;
Doug Stoltz, Acting General Counsel, Headquarters Legislation Section (Central Administration);
François La Fontaine, General Counsel, Headquarters Legislation Section (Central Administration).
It was agreed that the committee proceed to clause-by-clause consideration of Bill C-31, to amend the Canada Elections Act and the Public Service Employment Act.
It was agreed that the witnesses be permitted at the table to answer questions during clause-by-clause consideration of Bill C-31. The witnesses answered questions from time to time.
It was agreed that the title stand postponed
It was agreed that clause 1 carry.
It was agreed that clause 2 carry.
It was agreed that clause 3 carry.
It was agreed that clause 4 carry.
The Chair asked whether clause 5 should carry.
It was moved by the Honourable Senator Baker, P.C. that Bill C-31 be amended in clause 5, on page 2, by deleting from line 36 the words:
``date of birth''.
After debate, the question being put on the motion in amendment, it was adopted.
It was agreed that clause 5, as amended, carry, on division.
It was agreed that clause 6 carry.
It was agreed that clause 7 carry.
It was agreed that clause 8 carry.
It was agreed that clause 9 carry.
It was agreed that clause 10 carry.
It was agreed that clause 11 carry.
It was agreed that clause 12 carry.
The Chair asked whether clause 13 should carry.
It was moved by the Honourable Senator Baker, P.C. that Bill C-31 be amended in clause 13, on page 6, on lines 14 and 15 by deleting the words:
``address and date of birth''
and by adding on line 14, after the word ``name'' the words:
``and address''.
After debate, the question being put on the motion in amendment, it was adopted.
It was agreed that clause 13, as amended, carry, on division.
It was agreed that clause 14 carry.
It was agreed that clause 15 carry.
It was agreed that clause 16 carry.
It was agreed that clause 17 carry.
The Chair asked whether clause 18 should carry.
It was moved by the Honourable Senator Baker, P.C. that Bill C-31 be amended in clause 18, on page 7, by replacing line 35 with the following:
``does not indicate an elector's sex or date of birth.''
After debate, the question being put on the motion in amendment, it was adopted.
It was agreed that clause 18, as amended, carry, on division.
It was agreed that clause 19 carry.
It was agreed that clause 20 carry.
It was agreed that clause 21 carry.
It was agreed that clause 22 carry.
It was agreed that clause 23 carry.
It was agreed that clause 24 carry.
It was agreed that clause 25 carry.
It was agreed that clause 26 carry.
It was agreed that clause 27 carry.
The Chair asked whether clause 28 should carry.
It was moved by the Honourable Senator Nolin that Bill C-31 be amended in clause 28, on page 13, by replacing lines 11 to 16 of the French text of the bill with the following:
``i.1) sur demande, et à intervalles minimaux de trente minutes, fournit aux représentants des candidats, sur le formulaire prescrit et selon les directives du directeur général des élections, l'identité des électeurs ayant exercé leur droit de vote le jour du scrutin à l'exclusion de celle des électeurs s'étant inscrit le jour même;
i.2) sur demande, après la fermeture du bureau de vote par anticipation, fournit aux représentants des candidats, sur le formulaire prescrit et selon les directives du directeur général des élections, l'identité des électeurs ayant exercé leur droit de vote ce jour-là, à l'exclusion de celle des électeurs s'étant inscrit le jour même;''
After debate, the question being put on the motion in amendment, it was adopted.
The committee resumed consideration of the question that clause 28, as amended, carry.
It was moved by the Honourable Senator Nolin that Bill C-31 be amended in clause 28, on page 13, by replacing lines 12 to 17 of the English text of the bill with the following:
``(i.1) on request, and at intervals of no less than 30 minutes, provide to a candidate's representative, on the prescribed form and as directed by the Chief Electoral Officer, the identity of every elector who has exercised his or her right to vote on polling day, excluding that of electors who registered on that day;
(i.2) on request, after the close of the advance polling station, provide to a candidate's representative, on the prescribed form and as directed by the Chief Electoral Officer, the identity of every elector who has exercised his or her right to vote on that day excluding that of electors who registered on that day; and''
The question being put on the motion in amendment, it was adopted.
It was agreed that clause 28, as amended, carry.
It was agreed that clause 29 carry.
It was agreed that clause 30 carry.
It was agreed that clause 31 carry.
It was agreed that clause 32 carry.
It was agreed that clause 33 carry.
It was agreed that clause 34 carry.
It was agreed that clause 35 carry.
It was agreed that clause 36 carry.
It was agreed that clause 37 carry.
It was agreed that clause 38 carry.
It was agreed that clause 39 carry.
The Chair asked whether clause 40 should carry.
After debate, clause 40 was negatived, on division.
The Chair asked whether clause 41 should carry.
After debate, clause 41 was negatived, on division.
The Chair asked whether clause 42 should carry.
It was moved by the Honourable Senator Nolin that Bill C-31 be amended in clause 42, on page 17, by replacing line 8 with the following:
``42. (1) Despite subsection 554 (1) of the Canada Elections Act, sections 3, 6, 8 and 9, subsection''
The question being put on the motion in amendment, it was adopted.
The committee resumed consideration of the question that clause 42, as amended, carry.
It was moved by the Honourable Senator Joyal, P.C. that Bill C-31 be amended in clause 42, on page 17, by replacing line 23 with the following:
``17 to 19, 28 (i.1) and (i.2) and 34 come into force ten months''
The question being put on the motion in amendment, it was adopted.
The committee resumed consideration of the question that clause 42, as amended, carry.
It was moved by the Honourable Senator Joyal, P.C. that Bill C-31 be amended in clause 42, on page 17, by replacing line 9 with the following:
``10(2), section 11, 12, 14 to 16, 20 to 27, 28 f), g) h) and i), 29 to 33 and''
The question being put on the motion in amendment, it was adopted.
The committee resumed consideration of the question that clause 42, as amended, carry.
It was agreed that clause 42, as amended, carry.
The Chair asked whether the title should carry.
It was moved by the Honourable Senator Joyal, P.C. that Bill C-31 be amended in the title by deleting the words:
``and the Public Service Employment Act''
The question being put on the motion in amendment, it was adopted.
It was agreed that the title, as amended, carry, on division.
It was agreed that Bill C-31, as amended, carry.
It was agreed that the bill be reported, with amendments, to the Senate.
At 12:17 p.m., the committee adjourned to the call of the Chair.
ATTEST:
Shaila Anwar
Clerk of the Committee