Bill C-16 (Historical)

An Act to amend the Canada Elections Act

This enactment amends the Canada Elections Act to provide that, subject to an earlier dissolution of Parliament, a general election must be held on the third Monday in October in the fourth calendar year following polling day for the last general election, with the first general election after this enactment comes into force being held on Monday, October 19, 2009.
The enactment also provides that the Chief Electoral Officer may recommend an alternate day if the day set for polling is not suitable.

Speaker's Ruling

[Rob Nicholson, Conservative, Niagara Falls, ON]

moved that the bill be read a third time and passed.

Mr. Speaker, I am very pleased to begin the third reading debate on Bill C-16, An Act to amend the Canada Elections Act, which would provide for fixed date elections.

First, I take note that the bill was carefully reviewed by the Standing Committee on Procedure and House Affairs. A range of expert witnesses has appeared before the committee and much discussion has taken place. The committee heard from the Chief Electoral Officer, representatives of political parties, academic experts, as well as myself.

While I have been informed that there were lively debates on key issues, I am pleased to note that Bill C-16 carried in committee without amendment.

Moreover, while there were some minor differences on some of the details of the bill, I was struck by the fact that all parties represented in the House of Commons supported the fundamental rationale of the bill.

I believe all parties share the view that elections belong fundamentally to citizens. They belong to the people. All parties agree with the principle that the timing of elections should not be left to the Prime Minister, but should be set in advance so all Canadians know when the next election will occur.

I will begin with the description of the current process for calling general elections and I will discuss some of the difficulties associated with it. This will be followed by a discussion of the many advantages associated with fixed date elections. Finally, I will be very pleased to present the specifics of Bill C-16.

Currently, it is the prerogative of the Prime Minister, whose government has not lost the confidence of the House of Commons, to determine what he or she regards as a propitious time for an election to renew the government's mandate. The Prime Minister then requests dissolution of the House from the Queen's representative and if the Governor General agrees, he or she proclaims the date of the election.

What we have is a situation where the Prime Minister is able to choose the date of the general election, not based necessarily on what is in the best interests of the country, but what is in the best interests of his or her political party. Bill C-16 would address this problem and would produce a number of other benefits.

Before going into details of this bill, allow me to discuss the key advantages of fixed date elections.

Fixed date elections would provide for greater fairness in election campaigns, greater transparency and predictability, improved governance, higher voter turnout rates and help in attracting the best qualified candidates to public life.

First, let me discuss the question of fairness.

Fixed date elections would help level the playing field for those seeking election in a general election. With fixed date elections, the timing of the elections would be known to everyone. Since the date of the next election would be known to all political parties, each party would have an equal opportunity to make preparations for the upcoming general election. Instead of the governing party having the advantage of determining when the next election would take place, an advantage it may have over the other parties for several months, all parties would be on an equal footing. It is only fair that each party would have equal time to prepare for the next election and to know when it would be.

Another key advantage of fixed date elections is transparency. Rather than decisions about election dates being made behind closed doors, general election dates would be set in advance, as prescribed by this bill. Once the bill is passed, the date of election will be known by all Canadians.

Predictability is also a key advantage of fixed date elections. Canadians and political parties alike would be able to rely on our democratic election system, working in an open and predictable fashion for all general elections. Plans then could be made on a reliable basis to prepare for and respond to fixed date elections.

Fixed date elections would allow us to improve governance. For example, fixed date elections would provide for approved administration of the electoral machinery by Elections Canada. The Chief Electoral Officer, in majority situations, would know, with certainty, when the next election would occur and would be able to plan according. This would almost certainly involve greater efficiency at Elections Canada and, therefore, would very likely save money for the taxpayers. Political parties would also likely save money as they would not have to remain on an election footing for extended periods of time.

Moreover, fixed date elections would allow for better parliamentary planning. For example, members of parliamentary committees would be able to set out their agendas well in advance, which would make the work of committees and Parliament as a whole more efficient.

Yet another reason for adopting fixed date elections is that this measure would likely improve voter turnout because elections would be held in October, except when a government lost the confidence of the House. The weather is generally favourable in most parts of the country. Fewer people are transient; for example, most students would not be in transition between home and school at that time and would be able to vote. Moreover, seniors would not be deterred from voting as they might in some colder months, and of course, citizens would be able to plan in advance to participate in the electoral process, arranging for advanced voting if they planned to be away. An additional benefit is that pre-election campaigns to get out the vote would be able to be well prepared as the organizers would be aware of exactly when the next general election would take place.

Finally, I want to mention an advantage that will resonate with many of those in this chamber. It is a difficulty with the current system that I have witnessed personally and something which I mentioned in interviews when Bill C-16 was first introduced.

Fixed date elections would help to attract many of the best qualified Canadians into public life because it would be easier for them to plan their own schedules to enable them to stand for election. For many of our most talented Canadians, unfixed election dates make it difficult to plan to enter public life because they simply do not know when the next election is going to be called. I think fixed date elections can only help to attract the most qualified individuals to public life.

I would like to return to the details of the bill. Legislation providing for fixed date elections must be structured to meet certain constitutional realities of responsible government. They include the requirement that the government have the confidence of the House of Commons and respecting the Governor General's constitutional power to dissolve Parliament. The bill before us was drafted carefully to ensure that these constitutional requirements continued to be respected.

The bill does not in any way change the requirement that the government must maintain the confidence of the House. Moreover, all the conventions regarding loss of confidence remain intact.

In particular, the Prime Minister's prerogative to advise the Governor General on the dissolution of Parliament is retained to allow him or her to advise dissolution in the event of a loss of confidence. The bill states explicitly that the powers of the Governor General remain unchanged, including the power to dissolve Parliament at the Governor General's discretion.

As set out in the government's platform, this bill is modelled after existing provincial fixed date elections legislation. It is similar to the approach taken by British Columbia, Ontario, and Newfoundland and Labrador. It should be noted that the legislation in those provinces is working and I know of no particular problems associated with it.

For example, British Columbia recently had its first fixed date election on May 17, 2005. Ontario and Newfoundland and Labrador will soon have theirs on October 4, 2007 and October 9, 2007, respectively. In British Columbia there was no evidence, as some critics claimed, that what we get with a fixed date election is a lame duck government or any other associated problems.

This government's bill provides that the date for the next general election is Monday, October 19, 2009. Of course, this would be the date only if the government was able to retain the confidence of the vote until that time. For example, if the government were to be defeated tomorrow, a general election would be held according to normal practice. However, the subsequent election would be scheduled for the third Monday in October in the fourth calendar year after that election. That is the normal model that would be established by this bill.

General elections would occur on the third Monday in October in the fourth calendar year following the previous general election. We chose this date very carefully. One of my parliamentary colleagues will provide a full explanation of our choice during this debate. However, in brief, we chose the third Monday in October because it was the date that was likely to maximize voter turnout and to be the least likely to conflict with cultural or religious holidays or with elections in other jurisdictions. This raises an additional feature of the bill that I want to bring to members' attention, a feature that provides for an alternate election date in the event of a conflict with a date of religious or cultural significance, or an election in another jurisdiction.

In the current system, the date of the general election is chosen by the government, so it is rare that a polling date is chosen that comes into conflict with one of those cultural or religious events or elections in another jurisdiction. However, with the introduction of legislation providing for fixed date elections, there is the possibility that in the future a stipulated election date would occasionally be the same day as an important cultural or religious date or an election in another jurisdiction.

The Ontario fixed date election legislation provides that if there is a conflict with a day of cultural or religious significance, the Chief Election Officer may recommend an alternate polling date to the Lieutenant Governor in council up to seven days following the day that otherwise would be the polling day. Using a variation of the Ontario legislation, our bill empowers the Chief Electoral Officer to recommend an alternate polling day to the governor in council should he or she find that the polling day is not suitable for that purpose. The alternate date would either be the Tuesday or the Monday following the Monday that otherwise would have been the polling day. Allowing alternate polling days to be held on the following Tuesday or Monday is consistent with the current practice of holding federal elections on a Monday or a Tuesday.

Some opposition members had concern that this bill is illusory in that the Prime Minister could call an election at any point up until the fixed date of the election. However, the Prime Minister has to retain his prerogative to advise dissolution to allow for situations when the government loses the confidence of the House. This is a fundamental principle of the British parliamentary system and of responsible government as developed in this country. Moreover, if the bill were to indicate that the Prime Minister could only advise dissolution in the event of a loss of confidence, it would have to define confidence and the dissolution of the House of Commons would then be justiciable in the courts, something I think most people would realize would be a bad idea.

This bill which provides for fixed date elections is long overdue in Canada. In June, Ipsos-Reid released the results of a poll which showed that 78% of Canadians support the government's plan to provide for fixed date elections. The third week in October is already Citizenship Week in this country where we celebrate what it means to be a Canadian citizen. Of course, fundamental to being a Canadian citizen is our civic responsibility, including our duty to vote. It is fitting that the date of the federal general election would be set for the third Monday in October.

This legislation would provide greater fairness, increased transparency and predictability, improved policy planning, increased voter turnout and would help to attract the best qualified Canadians to public life. I hope my colleagues on all sides of the House will join me in supporting it. I look forward to the bill's speedy passage in the Senate.

[Paul Szabo, Liberal, Mississauga South, ON]

Mr. Speaker, the government House leader has laid out many of the factors which would come into play. I do not think there is any member in this place that does not support quality in terms of the operation of elections.

As the government House leader mentioned, the Prime Minister is in a position to engineer the fall of a government, particularly in a minority government, by virtue of the fact that the Prime Minister can make any matter before the House a confidence issue. We know that the next election will probably be held next spring after the budget is defeated. I wonder whether or not members are spending more time right now worrying about their election readiness. I have received four pieces of literature from the Prime Minister himself on crime issues in my own riding. Obviously, there is activity going on with regard to an election.

Probably the most compelling matter which people have raised regarding concerns about an election is that because of a date certain there will be pressure for people to start spending money on pre-writ activity, thereby giving sitting members of Parliament a significant advantage over people who are not sitting members and people who have not yet been nominated in their ridings. It would appear that there may be some rift areas with regard to the provisos under the Canada Elections Act and probably some concern about the productivity of Parliament in the months leading up to the fixed date of the election.

I would be interested in the government House leader's comments.

[Rob Nicholson, Conservative, Niagara Falls, ON]

Mr. Speaker, first, let me address one thing that the hon. member said. He said that the budget will be defeated. I would suggest that the hon. member at least wait until it is prepared. Would it not be reasonable at least to see it before hon. members draw their conclusions? The budget could have tax cuts that the hon. member might welcome. It could be stimuli to business, industry and job creation. It could be a work of art. It could be the greatest budget, and probably will be, ever tabled in the House. I have no doubt about that. I would hope that when the hon. member saw it, he would be one of the first on his feet to congratulate the government, saying that it is good for Canada and it is what we need. I know the hon. member is a reasonable individual and he would want to see that budget before he drew any conclusions.

He touched on a couple of other matters. He said there could be pre-writ spending. Good heavens, if the election could be called any time up to five years, imagine how much pre-writ spending we might get. It seems to me that in 1997 and 2000 the elections were called earlier than the four year period of time. Parties were probably gearing up. His political party was probably gearing up six, eight, ten months prior to that and the election was called before the four years were up and certainly before five years. When Mr. Trudeau's government was doing terribly in the late 1970s, the Liberals waited just about the whole five years in the hope that some miracle might turn things around. It underscores how important it is to have some certainty as to when elections are called.

I do not know if any members in the chamber are from British Columbia, but I think they will confirm what I am saying, that the election in British Columbia went very well. The one in Ontario will be in another 11 months. That will give us some guidance, it seems to me. I think they will all be conducted in a reasonable manner. Members of Parliament, governments and opposition parties will want to get their message out to their constituents, and it seems to me that is only proper.

As far as productivity, it seems to me there could be some challenges to productivity when committees do not know when the election will be called, whether it will be called after three and a half years or five years. They are trying to plan their work. If they knew that the election would be in October, there would be a great impetus in the spring for committees to get their work done so that it could be presented to the Canadian people.

There are many selling points to the bill. I think all members would agree that it is a great step forward.

[Wayne Easter, Liberal, Malpeque, PE]

Mr. Speaker, I listened closely to the member's discussion. In theory it sounds like the Conservatives are really interested in improving democracy. They certainly support democracy, but what we have seen from the new government so far is that it does not practise it. We have seen that in quite a number of areas, the Canadian Wheat Board and others.

My question is similar to that of my colleague, the problem in a pre-writ period. What is the impact going to be on third party advertising? Although the member in promoting the bill talked about there being productivity in the House, is it not true that election campaigns, rather than being 38 or 40 days long, would be 365 days long? A year in advance of an election, some people would be out there, nominated, running in the riding and current members would have to leave the House to defend themselves in their ridings. That could impact on the productivity of the House.

Has the government considered all those factors, or is it just moving ahead with a popular ploy, like it has done so often since it has been elected?

[Rob Nicholson, Conservative, Niagara Falls, ON]

Mr. Speaker, I am not sure exactly what the hon. member's election strategy is. He said we should just start electioneering 30 or 40 days before the election. It seems to me that all hon. members have an obligation to get their message out to their constituents and out to Canadians on a regular basis. Certainly, the tools are available to members of Parliament through their householders so that their constituents know. I would suggest to hon. members, if they leave that communication to the last 30 days before an election campaign, that is not a recipe for success.

Certainly it is open in every riding to have individuals who may want to challenge the sitting members of Parliament or they look after their nomination. Quite frankly, by providing some certainty, it would shorten up the period of time. Members would be able to rely on when an election would take place. Surely, that is a step forward in the right direction.

[Paul Dewar, NDP, Ottawa Centre, ON]

Mr. Speaker, in terms of the previous process, I could not agree with him more that it was flawed. We had the government of the day taking advantage of the public purse and putting the interests of a political party ahead of those of everyday Canadians. We certainly saw that around the election of 2000.

Four years seems to make sense. Our party was on the record before the last election when my predecessor, Mr. Broadbent, put forward the idea of fixed date elections as opposed to fixed election dates. When we speak to the changes in the bill we should understand that this is a flexible fixed date election piece of legislation because in a minority government the will of the House will override.

If the government, quite rightly, took on this issue, as we proposed before the last election, will it deal with the other area of electoral reform that needs addressing, which is to have a citizens' assembly on an electoral reform parallel committee of Parliament as was agreed to in the last Parliament?

[Rob Nicholson, Conservative, Niagara Falls, ON]

Mr. Speaker, the hon. member raises a number of interesting points. This is one of our pieces of democratic reform agenda and, of course, we are looking at others. However, we will need the cooperation of everyone, not just in this chamber but in the other chamber as well.

I can tell him, for instance, that the Senate tenure bill that reduces the maximum length of service for a senator from 45 years to 8 years has been in the Senate since May 2006. I am a reasonable individual but it seems to be that six months--

[The Acting Speaker, Royal Galipeau]

Resuming debate. The hon. chief opposition whip.

[Karen Redman, Liberal, Kitchener Centre, ON]

Mr. Speaker, I am pleased to have the opportunity to speak to Bill C-16, An Act to amend the Canada Elections Act.

The government would have us believe that fixed election days will provide greater fairness, increased transparency, increased voter turnout and improved policy planning. While I support the concept of a fixed election date in principle, I do not believe Bill C-16 is a panacea for electoral reform.

In fact, I see this legislation, quite frankly, as more of window dressing than meaningful reform. From my perspective, we would need to have a constitutional amendment to actually affect the process in such a way that this would have real teeth.

However, that is not the case with this legislation today. This legislation presents flexible fixed election dates because the Governor General's authority and the discretion to take the advice of the Prime Minister at any time preceding the fixed election date could see Canadians into a general election.

This legislation is modelled on the British Columbia and Ontario laws requiring a fixed election date every four years, except when the government loses confidence in the House.

There is convincing research to suggest that fixed election dates can be an important element in a comprehensive strategy to address the democratic deficit. In theory, they can help remove seasonal obstacles to voting, especially when we live in a country with such diverse geography and such extremes in the climatic factors.

In theory, it can reduce voter cynicism. As we have heard in some of the questioning already, there is a bit of cynicism around the manipulation of election dates for partisan ends. It could also attract more representative candidates. I would be very interested in this because women represent 52% to 53% of the Canadian population and yet we sit at about 20% representation in the House. A fixed election date may help them plan well in advance when they want to seek the nomination and run for public office.

A fixed term election also offers a greater predictability for Canadians and for Elections Canada which currently has to be at the ready at all times. I would point out that this is especially exacerbated in this minority government and in the previous minority government. Governments and political parties would have greater certainty if we went to a fixed election date.

In theory, there would not be a constant cloud of impending elections. Therefore, Parliament could focus on governing and making Parliament work for people. It would also means that Elections Canada would not need to spend public dollars to be in a constant state of election readiness. It could plan more effectively with its staff and be able to rent the appropriate locations needed for the task it must fulfill during elections.

Beyond those advantages, fixed election dates could enhance the effectiveness of a variety of measures designed to actively boost voter turnout. The planning and staging of public events, such as seminars, adult education activities and public information campaigns, would help raise interest and involve people in public affairs. We would see benefits by having a fixed election date when we look at this aspect of engaging the citizenry.

During committee deliberations on this issue, convincing arguments were presented suggesting that one of the great advantages of the fixed election date would be to capture the attention, engagement and participation of students. We need Canadians to take advantage of their first opportunity to vote in order to establish this as part of their everyday life and their habits.

Voter turnout for young people is something I find disturbing. We need to look at all measures in order to counter this trend of fewer and fewer young people under the age of 30 voting. With young people voting less, civics education could be a key measure in engaging them.

A fixed election date in October would provide an opportunity to structure the curriculum to include electoral awareness and maybe mock elections and information presentations to engage students to become more interested in national issues and more active at election time.

However, I would hate to see fixed term elections as a reason to discontinue initiatives designed to promote voter awareness in the future.

Fixed election dates are a relatively new concept in most Westminster parliamentary systems. However, fixed elections at the municipal level in Ontario have been in place for many decades and these fixed election dates have not achieved a higher voter turnout. In my province of Ontario, it has not achieved increased voter participation. We have yet to see the results of fixed election dates increase voter participation.

Much of the work that needs to be done on electoral reform is not being accomplished by the bill before us. While this legislation does tweak the current system, I see no compelling reason not to support Bill C-16, An Act to amend the Canada Elections Act, but much more needs to be done.

[Dean Del Mastro, Conservative, Peterborough, ON]

Mr. Speaker, it would seem that in principle the hon. member is very much behind the bill.

I think we recognize that the bill is about leveling the playing field for all parties in the House, not to give the government an advantage to call a snap election when perhaps another party is not ready. It would allow for a better debate on policy and on principle so that all parties could go into an election prepared and our voters could make the best decisions. In that regard, I can expect that the hon. member would concur with Bill C-16.

[Karen Redman, Liberal, Kitchener Centre, ON]

Mr. Speaker, I will be very clear. I will be supporting Bill C-16 but I see this as a beginning and not an ending.

We had a very productive debate in the Standing Committee on Procedure and House Affairs when we dealt with this. However, I did not see a compelling, empirical argument for a lot of the assumptions that have been made around this flexible fixed election date.

I will support the bill but I do not see it as having particular teeth. I do not see it as dramatically changing the status quo because the House still has the opportunity to present a non-confidence motion and, therefore, we could be into a snap election. It is incremental but I hope we continue to look at other democratic reforms.

[Paul Dewar, NDP, Ottawa Centre, ON]

Mr. Speaker, I agree and concur with my colleague's comments on the language, as we served on the committee together. I mentioned at committee and elsewhere that it is about flexible fixed date elections. We can look at the experiences that she references in other jurisdictions. It is something new in terms of our experience but other jurisdictions have used it and it has been successful.

I agree with the member's point that we need to go beyond this legislation in terms of real democratic reform. I would like her comment on the fact that in the last Parliament, my predecessor Mr. Broadbent, had the agreement of all parties at committee to do just that, which was to engage with Parliament and with Canadians to have a citizens' assembly format, as well as a parliamentary committee, and that they would converge and intersect after they had done their work so we could go ahead. I wonder if she could comment on that process and on whether she believes that is the way to go.

[Karen Redman, Liberal, Kitchener Centre, ON]

Mr. Speaker, my colleague hit on two very important things with which I agree. If we are going to look at electoral reform, we must also look at the process and the substance. As we go forward with the process, we must engage Canadians.

As I said in my speech, I am very disappointed to see the lack of participation in young Canadians. I have four children and I know that many of their friends think it is far more productive to join a non-government organization like Greenpeace or some environmental group rather than join in formalized politics. We need to do everything we can to continue to be meaningful to Canadians.

[Wayne Easter, Liberal, Malpeque, PE]

Mr. Speaker, one of the key points raised by the government is that this would improve voter turnout. We see fixed elections of four years in the United States and that is where voter turnout is among the lowest, so I really do not believe it has merit. I think it has more to do with cynicism about broken promises. We have seen that just recently on the income trust issue.

On the issue of Elections Canada, on this point I have heard some fairly serious allegations about electoral lists, not in my own riding but elsewhere in the country. There are concerns about election day, when people can show a piece of ID and vote, the concern being whether or not they really do live in the riding.

Does the member see changes in this bill which will ensure that there cannot be a manipulation of the voters list during the last days of an election campaign? That is a serious issue. I personally see no reason why the list cannot be firmed up five or six days prior to the election so that parties have time to double-check the list. Is there anything in this bill which would ensure that there is no way there can be election fraud based on the electoral lists themselves?

[Karen Redman, Liberal, Kitchener Centre, ON]

Mr. Speaker, this is a very serious issue. These actual aspects of the Canada Elections Act are being looked at by the procedure and House affairs committee and are not contained in this piece of legislation, so I again would reiterate that this is a very small step, in my view, and is more window dressing than it is substantive.

There is the issue of the permanent voters list and the accuracy of it. There is the issue of whether or not we demand photo ID and whether we allow people to be vouched for, which means someone saying that this person lives down the street, he is who he says he is, and yes, he lives in this neighbourhood. They are all very serious issues.

When we look at these issues, I think it is very important to underscore that Elections Canada employees do an absolutely outstanding job and what we need to do is make sure they have the tools in hand to be accurate. I share my colleague's concern.