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House of Commons Debates CANADA House of Commons Debates VOLUME 140 Ï NUMBER 094 Ï 1st SESSION Ï 38th PARLIAMENT OFFICIAL REPORT (HANSARD) Monday, May 9, 2005 Speaker: The Honourable Peter Milliken CONTENTS (Table of Contents appears at back of this issue.) All parliamentary publications are available on the ``Parliamentary Internet Parlementaire´´ at the following address: http://www.parl.gc.ca 5779 HOUSE OF COMMONS Monday, May 9, 2005 The House met at 11 a.m. raised regarding an infringement on the financial initiative of the Crown. Prayers As to the matter of a stricter enforcement of the royal recommendation requirements, I would reply that the Chair is taking its responsibilities under Standing Order 94 very seriously. This is primarily due to the fact that all items of private members’ business PRIVATE MEMBERS' BUSINESS are now votable. Previously, they were not. Ï (1100) [Translation] At that time, if a private members’ bill appeared to require a royal CANADA ELECTIONS ACT recommendation but was not subject to a vote, then there was less of an obligation on the Speaker to inform the House of the exigencies Mr. Michel Guimond (Montmorency—Charlevoix—Haute- of Standing Order 79(2), that is, the rules pertaining to the Côte-Nord, BQ) moved that Bill C-312, an act to amend the Canada introduction of a royal recommendation. Elections Act (appointment of returning officers), be read a second time and referred to a committee. [English] Ï (1105) SPEAKER'S RULING I remind the House that on November 18, 2004, I alerted members to this situation. As I mentioned on page 1554 of Hansard, as the The Acting Speaker (Mr. Marcel Proulx): Before beginning House has not yet begun to debate items of private members' private members’ business, I have a statement to make concerning business I felt that it would be of assistance to alert hon. members to the provisions of Bill C-312, an act to amend the Canada Elections the important impact that the requirement for a royal recommenda- Act (appointment of returning officers). tion may have on their bills. As with all private members’ bills, the Chair has examined this bill to determine whether its provisions would require a royal recommendation and thus prevent the Chair from putting the The standing orders leave no doubt that the House cannot be question to a vote at third reading. asked to decide on the motion for third reading of a bill requiring the expenditure of public funds unless proper notice of a royal This bill proposes to alter the manner in which returning officers recommendation has been given. are appointed. Presently, section 24 of the Canada Elections Act gives the governor in council the authority to appoint 308 returning officers at pleasure. Bill C-312 proposes that appointments be made Should members have any concerns about the provisions of by the Chief Electoral Officer following an open competitive process individual bills in this regard, it would be prudent for them to raise for a term of 10 years. such concerns well before the third reading stage is reached. This initiative already has been the focus of some commentary regarding the financial initiative of the Crown. Specifically, on April Ï (1110) 11, 2005, during the take note debate on the Standing Orders, the member for Roberval—Lac-Saint-Jean argued that the need for a [Translation] royal recommendation is being interpreted much more strictly now than in the past, and that this particular bill does not entail any new or additional spending authorization. Indeed, he claimed that in the It has been the practice in this Parliament for the Chair to raise 2nd session of the 36th Parliament similar initiatives were proposed concerns about private members’ bills at the commencement of as amendments to Bill C-2, an act respecting the election of members second reading debate so that submissions may be made before a to the House of Commons, without any procedural objections being decision is taken by the House at second reading. 5780 COMMONS DEBATES May 9, 2005 Private Members' Business In this particular case, Bill C-312 contains some provisions which process is conducted in a rational fashion so that decisions are caused the Chair to pause and consider its impact on the financial consistent, and well-understood. initiative of the Crown. As most members know, bills which involve new or additional spending for a distinct purpose must be recommended by the Crown. The royal recommendation is also Ï (1115) required where a bill alters the appropriation of public revenue “under the circumstances, in the manner and for the purposes set out” in the bill. What this means is that a royal recommendation is SECOND READING required not only in the case where more money is being appropriated, but also in the case where the authorization to spend Mr. Michel Guimond (Montmorency—Charlevoix—Haute- for a specific purpose is being significantly altered. Côte-Nord, BQ): Mr. Speaker, I am pleased to speak to my Bill Bill C-312 transfers the power to appoint returning officers from C-312 on the appointment of returning officers. the governor in council to the Chief Electoral Officer. Normally, the power to appoint includes the authority to pay. The transfer of this authority would appear to affect the manner in which spending was First, I should point out that, while I am the one in charge of this being authorized and so would appear to infringe on the financial issue right now, a review of the appointment process for returning initiative of the Crown. However, a closer reading of the Canada officers has been a concern of the members of the Bloc Québécois, Elections Act seems to indicate that the authority to pay remains with particularly since 1993. I would go as far as to say that it was already the Governor in Council. Subsection 542(1) of the act states: a concern after the first round, from 1990 to 1993. [English] On the recommendation of the Chief Electoral Officer, the Particularly since 1993, we in the Bloc Québécois have had the governor in council may make a tariff fixing or providing for the opportunity to lament this process, an attitude shared by many of our determination of fees, costs, allowances and expenses to be paid and colleagues from the Conservative Party and the NDP, in our private allowed to returning officers and other persons employed at or in discussions. I also remember discussions with some colleagues from relation to elections under this act. the Liberal Party at the Standing Committee on Procedure and House [Translation] Affairs, where they agreed that the process for the appointment of returning officers was totally archaic and outdated. Therefore, it appears that the bill is solely transferring the power of appointment without transferring the authority to remunerate returning officers. If this is the case, there is no infringement on the Suffice to quote a recent statement of the hon. member for financial initiative of the Crown. Edmonton—Mill Woods—Beaumont, I believe, who is now sitting Bill C-312 contains two other provisions which appear to involve as an independent. I do not have the clipping in front of me, but spending. It is proposed that returning officers are to be appointed by recently, about 10 days ago, he described the current process as means of an open competition. Although this will involve the archaic. spending of public monies, it appears to the Chair that this would be an operational expense of the Chief Electoral Officer that would be within the annual appropriations provided to his office. Canada boasts about giving lessons in democracy around the world. Chief Electoral Officer Kingsley often goes on conference Another provision fixes the appointment period for a returning tours. Members of this House travel to emerging democracies to officer at 10 years whereas it is presently at pleasure. This is not an supervise elections. We boast about being a model of democracy, we infringement on the financial initiative of the Crown as it does not are so proud but, on the face of it, the process is flawed from the start increase the public spending but only the identity of the persons to because returning officers are not all fully and totally independent, be paid over a 10 year period, that is, there would be fewer changes, which they should be in order to be able to play their role effectively. if any, in the roster of returning officers during this period but the same number of returning officers in any event. That is why this bill is intended to clean up our political practices As with other bills, the Chair would seek short submissions from in the appointment of returning officers. Under the current system, members on these specific points prior to the resumption of debate the appointments are made by the governor in council or the on second reading. In this way, the reasoning behind the decisions of government. the Chair in regards to the financial initiative of the Crown may be better understood, and the decisions will be dealt with in a timely manner. I believe that in the long run, the House will be well-served by this approach. We can see that there are currently 308 filled returning officer positions across Canada. There are also 10 or so vacant ones, I might The Chair appreciates the patience of all members. The issues point out, while an election could be called within a week or two. On which are being raised on a series of bills in private members’ May 5, Chief Electoral Officer Kingsley told the Standing business touch on some of the fundamental concepts of our system Committee on Procedure and House Affairs that he was very of parliamentary government.
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