An Act to amend the Canada Elections Act

This bill was last introduced in the 39th Parliament, 1st Session, which ended in October 2007.

Sponsor

Rob Nicholson  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 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.

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

April 24, 2007 Passed That a Message be sent to the Senate to acquaint Their Honours that this House disagrees with the amendment made by the Senate to Bill C-16, An Act to amend the Canada Elections Act.

Canada Elections ActGovernment Orders

September 18th, 2006 / 1:25 p.m.
See context

NDP

Joe Comartin NDP Windsor—Tecumseh, ON

Mr. Speaker, I rise to speak to Bill C-16 and to signal, as I did earlier this afternoon, that the NDP would be supporting this legislation. We are looking forward to getting it into committee for further discussion and perhaps amendments. In essence, the proposition being put before this House right now is one that we have supported for a good number of years. In the 2004-06 Parliament our former member, Ed Broadbent, was a strong proponent of this and encouraged the government of the day to press forward with it, to no avail. We are pleased to see that the government has in fact moved on the issue.

To a great extent this bill is about combating the cynicism that is in the electorate. We can say it makes sense for our electorate to know that there would be a fixed date for an election every four years and prepare for it knowing in advance when voting would take place. However, what is more important, and I do not want to downplay the significance of that certainty of a fixed date, is that if this bill passes it would be an opportunity for this House, for Parliament, to say to the citizens of Canada right across the country that we are no longer going to have their decision making process manipulated by the government in power. That has been very much the history of parliaments of all stripes in this House.

A parliament, a government of the day, will say this is to its advantage to go now even though it is nowhere near the generally accepted four, four and a half year mandate that we should stay and work and do what is our responsibility to the country. The government says, no, this is to our advantage right now, because of this issue, it is popular in the country, it is our issue and so we are going to go to the electorate.

We saw that, as we heard from some of the other speakers today, in the last number of years happening repeatedly, where we had elections at three and three and a half year intervals, and that suffers. If nothing else, if we want to look at it from a non-democratic standpoint and simply from a financial standpoint, it means we have more elections, and those cost money, in the range of $200 million, each time we go to the electorate. More importantly, the essential issue is that we say to the people of Canada that we are no longer going to manipulate the electoral date in order for it to be of advantage to the government in power of the day.

One of the side effects of that, because of the certainty of the date which would allow people to know in advance when the vote would be and to prepare for it, is that it would increase, I believe, the number of people who would vote because they would not feel this negative cynicism toward all parties and all politicians from this perspective. They would say that they knew this election was coming at this point, it is part of our law, they are ready for it, they are going to participate in it, they are prepared for it, and they have not been forced to go to the polls only because of an opportune time for the government in power. For that reason the bill is important. It is one that we should all be supporting. I think we have heard today from the various parties that they all intend to in fact support this approach.

I suppose the comment one has to make is that it is too late. We should have done this a long time ago, but in fact we are now finally now getting to it.

One of the concerns that we do have of this legislation is with regard to the situation in a minority government because of course this law would have no effect if the past practice continues. The past practice is, as often as not in a minority government situation, that the government comes down not so much because of a lack of confidence generally in the government but on a specific issue.

We are proposing for consideration in this minority government situation, and we will be raising it at committee when it gets there, to constrain the ability of the government to intentionally bring itself down by creating a false issue, by setting up an issue that all three of the opposition parties with the majority of seats in the House would vote against. That has happened and there certainly has been speculation that the government may be planning on doing that some time in the spring of this session.

In order to avoid that kind of cynicism, there are alternatives. I put this to the government House leader today. He, of course, was dismissive of it in the sense that it would usurp the power of Parliament and cross over into conflict with our courts. What I suggested to him was that we limit the number of issues that can be confidence motions, so that a government cannot unilaterally, as it can now, say an item is a confidence motion and if we do not vote with it the government, it goes down and we have an election.

That again is a manipulative tool that governments in the past have used. From a democracy standpoint there is no reason to have that in our system. We could, I believe, with some discussions, debate and negotiations come to a conclusion and incorporate that into legislation as to what is a permissible motion of confidence and exclude all others.

One of the answers I received from the government House leader was that we cannot do it because we would end up being challenged in the courts. That is not necessarily the consequence. The decision as to whether a motion is one of confidence or not, once we have set the criteria, could be determined, first by your Chair, Mr. Speaker. That is one alternative, or it could be by a vote in the House. There are other alternatives.

Albeit, and I am not going to advocate it, another alternative is to allow the Governor General to make that decision. Being an unelected position and being a strong democrat, I am not prepared to turn the power over to that office, but I do believe it would fall within the perspective, control and authority, and jurisdiction of either the House or of the Speaker of the House at the time, and so there are alternatives.

Going back again to why we are supporting the bill, both from a democratic standpoint but more to deal with cynicism within the electorate, it would be another way of saying to the electorate, even in the minority government situation, that they would not be forced to go to the polls, that we would be able to continue the government and continue on the issues that are confronting the country without going to the electorate. We would not allow the government of the day to simply say something is a confidence motion, that if we do not vote with it we would have an election.

There are alternatives. It is an alternative that I believe would deal very much with the other part of the cynicism when elections are called in this country.

I want to say that there are clear reasons why this will be effective and I want to address one of the negatives at the same time as seeing it as a positive. I believe that by allowing for fixed election dates we actually would reduce the amount of partisan electioneering that goes on between elections. We would reduce it to that latter period of time, to the last six months.

What happens now, and I think we are being less than honest with the electorate when we stand in the House and say that we are going to be in a constant election mode with the implication being that we are not right now and we are not even in a majority government situation. I have been in both. Anybody who has been here knows whether one is in a majority government situation or a minority government situation, as it stands right now, electioneering goes on because we do not know, and I was very glad to hear my colleague from the Bloc making this point, when the plug will be pulled. Right now we are into that situation and in fact we do partisan electioneering on a constant basis.

Having fixed dates, I believe and would argue strongly, would reduce the amount of partisanship that goes on between elections and restrict it to the latter period of time of, as I say, six months to a year before the campaign starts. The argument is that it is somehow going to increase the amount of politicking that goes on, being meant in a negative tone, the result of which will in fact be just the opposite.

With regard to the other positives here, again it is a situation where because one knows what one is confronted with in terms of a date, the recruitment of candidates by all parties and the recruitment of volunteers by all parties will be enhanced when we know the dates that we are working toward as far as the election date itself.

The bottom line is, and I will conclude with this, if we proceed with the legislation as proposed, it is definitely a step forward but it is not enough. I believe we should strongly look extensively at the issue of how we trigger elections in a minority government situation around confidence votes and amend this legislation to include criteria as to how the situation would be dealt with then. That would go to finalizing that cynicism that the electorate feels toward all politicians about the way we manipulate election dates in this country.

Canada Elections ActGovernment Orders

September 18th, 2006 / 12:05 p.m.
See context

Niagara Falls Ontario

Conservative

Rob Nicholson ConservativeLeader of the Government in the House of Commons and Minister for Democratic Reform

moved that Bill C-16, An Act to amend the Canada Elections Act, be read the second time and referred to a committee.

Mr. Speaker, I am pleased to have the opportunity to speak to Bill C-16, fixed date elections. I am also pleased to be standing here in my capacity as Minister for Democratic Reform. It is something that very much interests me and I am delighted to hold this particular portfolio.

I am absolutely convinced, since going back to my days at Queen's University where I studied the parliamentary system and the different legislatures around the world, that the British parliamentary system as adapted by Canada is the best system in the world. It has a tradition that goes back centuries. Some legislatures can point to a history of years and in some cases even decades. We can go back centuries of the British parliamentary system having provided effective, secure and stable government for people around the world. I believe we are very lucky to have it. However we have adapted it to ourselves and that is what is important. It is important to realize that no system, not even the best system in the world, is static; it must change.

In Britain alone, from the times of the Magna Carta, there were huge changes over the years to the system, all adapting and making the system a better one. The Constitution of 1688 is a good example of a break from the past but nonetheless an important change.

We too in Canada have made huge improvements to the parliamentary system in our short history. I think back to the 1800s when various Canadian provinces developed the concept of responsible government. Responsible government meant that the governor was taking his direction from the legislature. This was a huge step forward. Everyone recognizes that made government fairer, more democratic and improved the system that we had. Some of the changes are large and some are incremental but they are all moving in the right direction. We only have to look back to the last century to some of the changes that were made in Canada, such as the extension of the voting franchise.

If we were to go back a little over 100 years ago we would see that voting in our system of government was confined. It used to be confined just to property owners. It was extended to adult males and into the 20th century that changed. I remember this point being brought home to me during the election of 1984. I visited a senior citizens home operated by the region of Niagara where I met an elderly woman. I, like all new candidates, shook hands and said hello to everyone. This woman stopped me and said that she wanted me to know that she had voted Conservative in every single election since the Conservatives gave her the right to vote. It took me aback. I said to her that it must give her a good feeling to know that she has always been right, as indeed she has been.

Another Conservative prime minister, John George Diefenbaker, continued to extend that franchise to Canadians when he extended the voting rights to aboriginal Canadians. I think everyone at that time and since has realized that these are the steps we must take to make our system more democratic and more fair.

I am pleased to have the opportunity to talk about another change in our electoral system, one that I think will improve it, Bill C-16, An Act to amend the Canada Elections Act, which would provide fixed date elections.

I will begin with a description of the current process for calling elections and discuss some of the difficulties associated with it. This will be followed by a discussion of the many advantages that we will have when we adopt this legislation, as I hope this House does.

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. It could be three years into a majority government, which is what we saw in the year 2000 when the government felt it was to its advantage to call a snap election to get another mandate. I also could go back to the early nineties when another government, with which I am very familiar, decided not to go in 1992 but waited until 1993. That particular Parliament lasted almost five years. There is quite a bit of leeway.

When the prime minister, under the current system, requests the dissolution of the House, the governor general, unless there are unusual circumstances, agrees and the country finds itself in an election. What we have is a situation where the prime minister is able to choose the date of the election, not based necessarily on the best interests of the country but on the best interests of his or her political party. I believe Bill C-16 would address those concerns.

Before going into the details of the bill I would like to discuss the key advantages of a fixed date election. Fixed date elections would provide for greater fairness in election campaigns, greater transparency and predictability.

Canada Elections ActRoutine Proceedings

May 30th, 2006 / 10:05 a.m.
See context

Niagara Falls Ontario

Conservative

Rob Nicholson ConservativeLeader of the Government in the House of Commons and Minister for Democratic Reform

moved for leave to introduce Bill C-16, An Act to amend the Canada Elections Act.

(Motions deemed adopted, bill read the first time and printed)