Fair Representation Act

An Act to amend the Constitution Act, 1867, the Electoral Boundaries Readjustment Act and the Canada Elections Act

This bill was last introduced in the 41st Parliament, 1st Session, which ended in September 2013.

Sponsor

Tim Uppal  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the rules in the Constitution Act, 1867 for readjusting the number of members of the House of Commons and the representation of the provinces in that House.
It amends the time periods in several provisions of the Electoral Boundaries Readjustment Act and requires that electronic versions of maps be provided to registered parties.
It also amends the Canada Elections Act to permit a returning officer to be appointed for a new term of office in certain circumstances.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

Dec. 13, 2011 Passed That the Bill be now read a third time and do pass.
Dec. 12, 2011 Passed That Bill C-20, An Act to amend the Constitution Act, 1867, the Electoral Boundaries Readjustment Act and the Canada Elections Act, {as amended}, be concurred in at report stage [with a further amendment/with further amendments] .
Dec. 12, 2011 Failed That Bill C-20 be amended by deleting Clause 8.
Dec. 12, 2011 Failed That Bill C-20 be amended by deleting Clause 1.
Dec. 7, 2011 Passed That, in relation to Bill C-20, An Act to amend the Constitution Act, 1867, the Electoral Boundaries Readjustment Act and the Canada Elections Act, not more than one further sitting day shall be allotted to the consideration at report stage of the Bill and one sitting day shall be allotted to the consideration at third reading stage of the said Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at report stage and on the day allotted to the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.
Nov. 3, 2011 Passed That the Bill be now read a second time and referred to the Standing Committee on Procedure and House Affairs.
Nov. 3, 2011 Passed That, in relation to Bill C-20, An Act to amend the Constitution Act, 1867, the Electoral Boundaries Readjustment Act and the Canada Elections Act, not more than one further sitting day shall be allotted to the consideration at second reading stage of the Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Fair Representation ActGovernment Orders

November 2nd, 2011 / 5:20 p.m.
See context

Liberal

Stéphane Dion Liberal Saint-Laurent—Cartierville, QC

Mr. Speaker, that exists everywhere. People compare the number of parliamentarians to the population in every country. Canada is currently becoming an inflationary country in that regard. Just when the government is slashing the public service, when we do not have enough environmental inspectors, the government wants to increase the number of politicians.

I am certain that if I went into all of my colleagues' ridings and defended my point of view, everyone would applaud me. People would say that they do not want more politicians, that we have enough as it is and they should do their jobs better. We do not need to increase that number by 30 or 40.

Bill C-20—Notice of time allocation motionFair Representation ActGovernment Orders

November 2nd, 2011 / 5:20 p.m.
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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Mr. Speaker, I rise on a point of order. The fair representation act is important for Canada's democracy. In view of the upcoming census results and redistribution, it is important that the bill is passed in a time fashion. I thought the opposition agreed.

We have heard the member for Hamilton Centre and the NDP critic for democratic reform say that if we did not have these seats available for the next election then, quite frankly, the government will have failed. We agree with him.

However, as is evident from the motion that was moved earlier today by the opposition that this not proceed past second reading, I regret to advise that agreement has not been reached under the provisions of Standing Orders 78(1) or 78(2) with respect to the second reading stage of Bill C-20, an act to amend the Constitution Act, 1867, the Electoral Boundaries Readjustment Act and the Canada Elections Act.

Under the provisions of Standing Order 78(3), I give notice that a minister of the Crown will propose, at the next sitting, a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at the said stage.

Bill C-20—Notice of time allocation motionFair Representation ActGovernment Orders

November 2nd, 2011 / 5:20 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I rise on the same point of order. I wonder if it is safe, now, for us to assume, because there are rules that we have in place inside the Chamber that help facilitate debate so that members of Parliament can actually contribute. I know the current Government Leader of the House of Commons is a big fan of the whole time allocation thing. As opposed to negotiating in good faith with opposition House leaders, he prefers to come down with the majority big stick saying, “No more debate. Let's shut it down”.

Is this the kind of majority government we can anticipate--

Bill C-20—Notice of time allocation motionFair Representation ActGovernment Orders

November 2nd, 2011 / 5:20 p.m.
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Conservative

The Acting Speaker Conservative Bruce Stanton

Order, please. This is not a point of order, so we will continue.

The hon. minister of state.

Second ReadingFair Representation ActGovernment Orders

November 2nd, 2011 / 5:20 p.m.
See context

Edmonton—Sherwood Park Alberta

Conservative

Tim Uppal ConservativeMinister of State (Democratic Reform)

Mr. Speaker, I am very happy to have this opportunity to speak about fairness and representation for all Canadians.

In the last election and in previous elections, our party committed to Canadians that we would address the growing unfairness in representation. During the last election, we made three distinct promises to ensure that any update to the formula allocating House of Commons seats would be fair for all provinces.

First, we would increase the number of seats now and in the future to better reflect population growth in British Columbia, Alberta and Ontario.

Second, we would protect the number of seats for smaller provinces.

Third, we would protect the proportional representation of Quebec according to its population.

Our government received a strong mandate to move toward fair representation in the House of Commons, and we are delivering on that commitment.

Bill C-20, fair representation act would provide fair representation for Canadians living in the fastest growing provinces of Ontario, British Columbia and Alberta.

First, I would like to outline the problem that we need to fix.

According to our Constitution, every 10 years the number of House of Commons seats allocated to each provinces is revised. The way this is done is through the seat allocation formula explained in section 51 of the Constitution Act, 1867.

The seat allocation formula in place now dates from 1985. Back in 1985, our predecessors in this place faced a decision. They could either allow the size of the House of Commons to grow roughly in line with population growth, or they could attempt to restrain the growth of the House of Commons. They decided on a formula that would restrain the growth in the House of Commons. In doing that, they entrenched a seat allocation formula that would remain anchored in the past and that would not properly account for population growth in the future.

The most obvious and unfortunate result was that the representation of Canadians in our largest and fastest growing provinces was discounted. In fact, population growth was largely ignored by the formula and fairness in representation for Canadians suffered more and more as time went on. To be fair, the problem was not simply with the formula. It was flawed, certainly, but it needed help. Our population growth patterns were that help.

Population growth since the mid-1980s has seen significant higher than national average growth in Ontario, British Columbia and Alberta. Population growth in those provinces has been even higher in large urban and suburban areas. Under the 1985 formula, the population of these three provinces have become significantly and increasingly under-represented due to the population growth.

This has caused a representation gap. This representation gap should, of course, be addressed. To illustrate the need for addressing this representation gap, we look no further than the riding of my colleague from Brampton West. He joined me for the announcement of the bill last week in his riding and his riding is the perfect example of the need for this bill.

Brampton West is home to the largest number of Canadians in any one constituency at over 170,000 people. That population figure was as of the 2006 census, over five years ago. Truly that number is even higher right now. That 170,000 people compares to an average national riding size of just under 113,000 people. In fact, only our four largest provinces have average riding sizes of over 90,000 people.

Brampton West is represented by one member of Parliament, though its population alone could warrant almost two in most other areas of the country. Brampton West is also home to a considerable number of new and visible minority Canadians. Canada's new and visible minority population is increasing, largely through immigration. These immigrants tend to settle in fast growing communities like Brampton and in our fastest growing provinces like Ontario.

These three factors, high immigration to fast growing regions of the fastest growing provinces, combine to magnify the representation gap to these regions. This situation inadvertently causes new Canadians and visible minorities to be even more under-represented than the average.

It is clear for all to see that this situation undermines a principle of representation by population in our country. Brampton West is the most extreme example of the representation gap, but it allows us to put the problem into perspective.

If left with the status quo, the representation gap experienced by Canadians living in fast growing provinces and constituencies will grow even more striking. If left to grow worse, this gap could seriously threaten the legitimacy of our claim to being a representative democracy.

It truly is that important. This is a serious problem that requires an immediate solution. I propose that Bill C-20 would be that solution.

With the fair representation act, our Conservative government would deliver a principled and reasonable update to the formula allocating seats in the House of Commons.

The bill would do a number of things. It would move every single province toward representation by population in the House of Commons. It would address the representation gap by moving Ontario, British Columbia and Alberta significantly closer to representation by population. Using the formula put forward in the bill, Ontario would receive 15 new seats, British Columbia would receive 6 new seats and Alberta would receive 6 new seats. The bill would increase seat counts for these provinces, both now and in the future, by ensuring that population growth would be more accurately factored into the seat allocation formula. In this way, the foundation principle of representation by population would be much better respected and maintained, now and in the future.

At the same time, the bill would ensure that smaller and slower-growing provinces would maintain their number of seats. The legislation would also fulfill our platform commitment to maintain Quebec's representation at a level proportionate to its population. Quebec has just over 23% of the provincial population and it would have just over 23% of the provincial seats in the House of Commons. That is what we have promised and that is what will deliver.

Since the purpose of the bill is be to move every single province toward representation by population in a fair and reasonable way, Quebec will receive three new seats under a new representation rule applicable to all provinces should they need it. This rule will ensure that no province that is over-represented will experience representation less than what is proportionate to the population after any future seat adjustment. The reason for this is simple and fundamental. While the relative weight of provinces may fluctuate, our seat-allocation formula should ensure that efforts to move under-represented provinces closer to representation by population do not also bring over-represented provinces under the level which their populations warrant. This is in support of the principle of proportionate representation and is one of the fundamental principles in our Constitution, right alongside representation by population.

It would not be fair or principled to enact a formula that could punish a smaller or slower-growing province in that way. This rule is be part of the fair balance that we must strike.

We have an obligation to enact a formula that better respects and maintains representation by population. The bill would do this. We have an obligation to enact a formula that ensures the effective and proportionate representation of all provinces, especially for smaller and slower-growing provinces. The bill would do that. We have an obligation to enact a principled formula with national application that is fair for all provinces. The bill would do that. We have an obligation to work together to ensure that the vote of each Canadian, to the greatest extent possible, has equal weight. The bill would do that. Canadians rightfully expect fair and principled representation in their democratic institutions. I think this bill would provide that as well.

I would like to discuss the details.

As I have stated, Bill C-20, fair representation act, would update the constitutional formula for allocating seats in the House of Commons among the provinces. The seat readjustment formula has been updated by Parliament a number of times since Confederation, each time seeking to strike a balance among the principles I just outlined. Parliament acts through its authority to amend the Constitution in relation to the House of Commons under section 44 of the Constitution Act, 1982. This was the same constitutional authority under which the existing formula was passed in 1985. I want to make it clear that we are on firm and well-travelled ground.

The seat allocation formula operates by determining an electoral quotient which, theoretically, represents the average population per seat and then dividing the population of each province to determine the initial number of seats per province. Once initial seat allocations are produced, the formula provides additional seats to certain provinces, according to the two minimum seat guarantees outlined in the Constitution.

Added in 1915, the Senate floor guarantees that no province can have fewer seats in the House of Commons than it has in the Senate.

Added in 1985, the grandfather clause guarantees that no province can be allocated a number of seats that is less than the number of seats it had in 1985.

The final step adds the total provincial seats and one seat for each territory to determine the total number of seats.

The representation gap I spoke of earlier stems from this point. The current 1985 formula sets 279 members as a permanent divisor in determining the electoral quotient, and 279 was the number of provincial seats in the House of Commons at the time that the formula was passed in 1985.

The House then had 282 seats, 279 provincial seats and three territorial seats. This divisor of 279 was not allowed to readjust over time to reflect the actual number of provincial seats in the House of Commons, currently at 305.

The combined effect of fixing the divisor at 279 and the seat guarantee to slower growing provinces is this. It prevents faster growing provinces from receiving a share of seats that is in line with their share of the population. Faster growing provinces have accordingly become significantly and increasingly under-represented in the House of Commons, relative to their population, and are likely to become even more under-represented in future reallocations under this existing formula. This is clearly not fair.

The fair representation act would provide an updated allocation formula that would move every province toward representation by population and significantly reduce the number of increasing under-representation for the faster growing provinces.

The electoral quotient with the 2011 readjustment will be set at 111,166. This number reflects the average riding population prior to the last seat re-adjustment in 2001 and increased by the simple average of provincial population growth rates.

The Senate floor and grandfather clause would continue to apply.

The representation that I spoke of would also apply, such that if a currently overrepresented province becomes under-represented as a result of the application of the updated formula, additional seats would be allocated to that provinces so its proportional representation, according to population, is protected.

For the purpose of calculating the provincial seat allocation, provincial populations would be based on Statistics Canada's annual population estimates from July 1, 2011. These estimates correct for undercoverage in the census and provide the best data available on provincial populations and therefore the most appropriate data with which to determine provincial seat counts.

For the 2021 readjustment and each subsequent readjustment, the electoral quotient would be increased by the simple average of provincial population growth rate since the preceding readjustment. The result is a larger increase in the number of seats in the House of Commons compared to the current 1985 formula, both in the next readjustment and in the future readjustments.

These increases will more accurately reflect population growth across the country and will provide for far closer representation by population. The increasing representation gap would be closed and Canadians would be represented much more fairly.

Where and how the House of Commons seats are distributed within provinces is a separate and distinct process that will remain largely unchanged. Once the number of seats per province is established, the process set out in the Electoral Boundaries Readjustment Act is used to readjust and redistribute electoral boundaries within the provinces.

The readjustment of electoral boundaries is taken in accordance with census data, as it has always been, which provides population counts at the geographic level that is necessary to most accurately revise electoral boundaries.

The independent boundary commissions that determine the electoral boundaries for each province will continue to be constituted in the same way and will continue to operate unchanged. This independent boundary commission process was established in 1964 and was amended slightly in 1979. There is no change to that aspect of the process.

The fair representation act does include amendments that would streamline the timelines governing the boundary readjustment process to ensure that it will be completed and in effect before the end of our government's mandate. The changes proposed to the boundaries readjustment process are aimed simply and solely at streamlining the process.

Moreover, each proposed change to the timelines has been recommended previously in some form by the Chief Electoral Officer, the procedure and House affairs committee, or the Royal Commission on Electoral Reform and Party Financing, known as the Lortie commission.

These changes should streamline and modernize the process. They have taken into account recommendations expressed by Elections Canada.

While the timelines are changing somewhat, the process itself remains unchanged and independent.

To conclude, the fair representation bill is a principled nationally applicable update to the formula that allocates seats to the House of Commons. It is fair. It is reasonable. It is principled. It solves a problem that needs to be fixed and that will only grow worse if we fail to act. It will achieve better representation for faster growing provinces while maintaining representation for smaller and slower growing provinces.

I will say it again: Canadians rightfully expect fair and principled representation in their democratic institutions. The fair representation bill delivers on this expectation and delivers on our government's long-standing commitment.

I strongly encourage the opposition to work with us in passing this principled and reasonable legislation as quickly as possible to ensure the vote of every Canadian has equal weight to the greatest extent possible and as soon as possible. I look forward to continuing my work with all my colleagues in the House to ensure that happens.

Second ReadingFair Representation ActGovernment Orders

November 2nd, 2011 / 5:40 p.m.
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NDP

Raymond Côté NDP Beauport—Limoilou, QC

Mr. Speaker, I listened very carefully to the speech given by the minister for democratic reform.

Clearly, taking a first step towards rebalancing the political weight and representation in the House is a good thing. However, given that there is a risk that the debate will be cut short again, I am very worried because we have some proposals to make. The minister just reached out, asked us for suggestions and proposed working together, but I have to wonder under what conditions we might be working.

Unfortunately, I have a feeling that this offer was merely for show, merely to look good in the eyes of the public. How could we possibly get the government to listen to us and hope to move this bill forward in co-operation with the provinces under the conditions imposed on us?

Second ReadingFair Representation ActGovernment Orders

November 2nd, 2011 / 5:40 p.m.
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Conservative

Tim Uppal Conservative Edmonton—Sherwood Park, AB

Madam Speaker, this is a formula that is principled and applicable to the entire country. It is fair for the entire country as it brings every province closer to representation by population. There has been debate about this in the House. There will be further debate about this in the House of Commons. Then there will be opportunities to speak about it further in committee.

What Canadians want us to do is to move forward. This government received a strong mandate to bring fairness in representation and to bring every province closer to representation by population. We are moving forward on that. We have made this commitment and we will follow through on that commitment.

Second ReadingFair Representation ActGovernment Orders

November 2nd, 2011 / 5:40 p.m.
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Liberal

Stéphane Dion Liberal Saint-Laurent—Cartierville, QC

Madam Speaker, I agree with the minister's conclusion that Canadians want to have proportional representation in the House that would be fair for every province.

I will say to the minister that the bill he tabled is much better than the two other attempts by his government. I think we are much closer now. However, I reiterate my point that we may achieve it without adding one seat in the House.

If the minister has heard Canadians say that they want more MPs or more politicians, he should tell me because I have not heard one Canadian say that. Canadians think the system is fair with 308 seats. That is enough. We could achieve the same percentage by province that he has mentioned by staying at 308.

It is true that my province of Quebec would have fewer seats but our representation would be as good as it is in the bill. To have 70 seats in Quebec out of, let us say, 250 would be better than 78 out of 338. I am sure it would be the same for all my colleagues in all provinces. What is important is the representation of a province, not the number of seats.

Could the minister tell us if, after working with experts, he came back with another scenario of 308 seats, what that would mean for fair representation?

Second ReadingFair Representation ActGovernment Orders

November 2nd, 2011 / 5:40 p.m.
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Conservative

Tim Uppal Conservative Edmonton—Sherwood Park, AB

Madam Speaker, the fact is we live in a very large country with varying populations. Along with that, to complicate the issues, we have constitutional guarantees of seats for certain provinces, for provinces that have slower growing populations and populations that have moved to other parts of the country.

We made a commitment in the campaign that we would protect the seats of those smaller provinces. We made a commitment in the campaign that we would bring the provinces of Alberta, B.C. and Ontario closer to representation by population. It is only fair that the people living in those provinces have their vote counted, to the greatest extent possible, equally, just like the other provinces. We are moving forward on that commitment by bringing every province closer to representation by population.

Second ReadingFair Representation ActGovernment Orders

November 2nd, 2011 / 5:40 p.m.
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NDP

Joe Comartin NDP Windsor—Tecumseh, ON

Madam Speaker, following on the question from the Liberals, I have had difficulty with this. We saw two incarnations of this legislation in previous Parliaments, neither of which had an increased number seats for the province of Quebec. As much as the government members may think I do not have much intelligence, I think I have a reasonable knowledge of how this system works, but I have no comprehension whatsoever as to how they came to the number of three additional seats for the province of Quebec.

With regard to that, I want to take some credit for my party for having pressed the government into recognizing all the various considerations that go into increasing the number of seats in this House. The Conservatives' responsibility as government in proposing this type of legislation is to take into account the historical rights that the province of Quebec has in terms of an equilibrium of seats and its right to have fair representation in the House. I congratulate the Conservatives for finally moving on that and I take some credit on behalf of my party for seeing them do that.

I come back to my basic question. How did they come to the three seats? I have no way of understanding that.

Second ReadingFair Representation ActGovernment Orders

November 2nd, 2011 / 5:45 p.m.
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Conservative

Tim Uppal Conservative Edmonton—Sherwood Park, AB

Madam Speaker, it is my pleasure to answer the question.

That fact is we committed that Quebec would have representation equal to its population. The numbers work out like this: Quebec has 23% of the population and it will have 23% of the seats in the House of Commons, which would require it to get three additional seats. That is where those three seats come from.

Second ReadingFair Representation ActGovernment Orders

November 2nd, 2011 / 5:45 p.m.
See context

Liberal

Stéphane Dion Liberal Saint-Laurent—Cartierville, QC

Madam Speaker, I am enjoying this discussion with the minister. I want to tell him how important it is for me that we agree at the end of the day. We are all democrats and it would be good to agree.

I am sure Canadians would prefer 308 seats rather than 338 seats. No one is asking for more MPs. We do not need that many in Canada. The United States has 435 seats for ten times the population that Canada has. We do not need to add any seats. We could achieve the same goals that are in the bill by keeping the same number of seats. I know Quebec would have fewer than 75 seats, but the representation for Quebec would be the same. This is what is key for Quebeckers.

I am telling the minister that we have the constitutional power to do it. We need to keep the Senate floor rule clause, and it is good, but the grandfather clause can be changed by Parliament alone. We do not need to have a long constitutional discussion about that. It would be much better for Canada.

I am asking the minister, when would we stop adding seats? When would we say there are enough seats?

Second ReadingFair Representation ActGovernment Orders

November 2nd, 2011 / 5:45 p.m.
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Conservative

Tim Uppal Conservative Edmonton—Sherwood Park, AB

Madam Speaker, the hon. member's proposal would have us change some legislation and not change the Senate floor rule, which would actually leave some provinces overrepresented and other provinces continue to be under-represented.

What we have done is to bring forward a principled formula that brings every province closer to representation by population. At the end of the day, the Liberal proposal would have us open up the Constitution and get into long drawn-out constitutional battles that no Canadian wants. What Canadians want is to be fairly represented in the House of Commons. Further to that, they want this government to continue to work on the economy and work on jobs and not get into the long drawn-out constitutional battles that the Liberals want.

Second ReadingFair Representation ActGovernment Orders

November 2nd, 2011 / 5:45 p.m.
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NDP

Charmaine Borg NDP Terrebonne—Blainville, QC

Madam Speaker, my question has to do with the comments made by the minister just now.

I am a bit concerned that he thinks Canadians do not want a debate on this issue. I do think that Canadians want a debate on this issue because we are talking about a constitutional amendment. That is huge.

I would like the minister to reconsider his comments. I would also like him to talk about the fact that the government decided to limit discussion on this issue.

Second ReadingFair Representation ActGovernment Orders

November 2nd, 2011 / 5:45 p.m.
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Conservative

Tim Uppal Conservative Edmonton—Sherwood Park, AB

Madam Speaker, the fact is, yes, Canadians want to hear debate. There is debate on this bill and there will be more debate on this bill as there is on every bill. We give more than enough time to debate bills in the House of Commons. What Canadians really want is action. Canadians gave this government a strong mandate to move forward and that is what we are doing.