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Advisory Committee of Political Parties – Meeting Summary – February 13 and 14, 2019

13. Meeting with the Commissioner of Canada Elections

Presenters: Yves Côté (Commissioner of Canada Elections) and Marc Chenier (Senior Counselor and Director, Compensation and Enforcement, Office of the Commissioner of Canada Elections)

Note: This session was originally planned for 11:15 am on Day #2. A late scheduling change caused this session to switch places with the electoral security session. In this summary it appears in the sequence as originally planned in the meeting agenda (see appendix A).

Mr. Côté briefed ACPP representatives on changes to the role of the Commissioner of Canada Elections (CCE) following Bill C-76 including the relocation of his position to within the Office of the Chief Electoral Officer and other changes including term of service. The CCE briefed party representatives on the continued independence of the CCE and the responsibilities and powers of the CCE. He briefed party representatives on new tools and changes to CCE under Bill C-76 including: Administrative Monetary Penalties (AMPs), Undertakings, compliance agreements with broader terms and conditions, the power to compel testimony, the power to lay charges. He also briefed party representatives on new provisions contained within C-76 including those dealing with the power of the CCE to address misleading publications, false statements, undue influence by foreigners, and unauthorized use of a computer with the intention of affecting the results of an election.

Mr. Côté briefed party members that the Commissioner’s Office will continue to maintain a direct lawyer to lawyer telephone line for political parties during the upcoming General Election.

The session concluded with a question and answer period with ACPP members. Mr. Côté and Mr. Chenier answered questions about:

  • Whether there are any specific requirements within the law requiring the Commissioner to take a specific action or direction under certain circumstances;
  • Whether the rules governing the prohibition on outside influencers on Canadian election are still in effect (these provisions have been amended and clarified); and
  • Privacy considerations regarding Facebook, twitter and other social media accounts.