An Act to amend the Canada Elections Act

This bill is from 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 has also written a full legislative summary of the bill.

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.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-16s:

C-16 (2022) Law Appropriation Act No. 1, 2022-23
C-16 (2020) Law Appropriation Act No. 4, 2020-21
C-16 (2020) Law An Act to amend the Canadian Dairy Commission Act
C-16 (2016) Law An Act to amend the Canadian Human Rights Act and the Criminal Code
C-16 (2013) Law Sioux Valley Dakota Nation Governance Act
C-16 (2011) Law Security of Tenure of Military Judges Act

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

April 23rd, 2007 / 12:45 p.m.

Bloc

Michel Guimond Bloc Montmorency—Charlevoix—Haute-Côte-Nord, QC

Mr. Speaker, I am pleased to rise to speak to the motion before us here today.

First of all, I would like to inform the government that the Bloc Québécois will support this motion that the House reject the amendment proposed by the Senate to Bill C-16, for the simple reason that it appears to be a dilatory amendment.

I would like to talk a little bit about the other chamber. It is made up of non-elected people who are appointed based on political patronage. We still maintain that the value of the Senate remains to be proven and this amendment reflects that.

Indeed, the amendment proposed by the Liberal senators in the other place ensures that a federal, provincial or municipal referendum would change the application of Bill C-16, which calls for fixed date elections. We could understand a federal referendum. We could also understand that there could be a provincial referendum. However, a municipal referendum is a different matter. First, we need only think of the number of municipalities in Quebec and Canada. Second, consider the number of issues that can lead to a municipal referendum.

My colleague the Minister of Transport, Infrastructure and Communities was a municipal councillor here, in Gatineau. I do not know if he was in municipal politics when he lived in the Quebec City region, before becoming member for La Peltrie.

I was a municipal councillor in Boischatel, where I live, from 1987 to 1993. In municipal democracy, there are many reasons for holding a referendum. Citizens may sign the register to oppose a zoning change or a bylaw. In Boischatel, we almost had a referendum. There was opposition to replacing the police force vehicles. We could have made the decision to hold a referendum on replacing those vehicles, which had about 385,000 km, which would have cost several thousand dollars.

Imagine how ridiculous the Senate amendment is: a municipal referendum could lead to Canadian elections being postponed and this law becoming inoperative. In my mind this clearly demonstrates that the amendment is frivolous and ridiculous. That is why we agree with the government that this Senate amendment should be defeated.

In the last few minutes allocated to me, I would like to discuss Bill C-16. The Bloc Québécois reaffirmed that it is in favour of the principle of the bill that was studied by the Standing Committee on Procedure and House Affairs, of which I am co-chair.

We had some reservations about the date chosen as polling day by the government, the third Monday in October. We would have expected the government to be a little more open-minded for one, simple reason: the members of the Bloc Québécois suggested the second Monday in May, a somewhat more pleasant time of year in terms of temperature. It is possible to have snow on the third Monday of October. That is the reality in a northern country, and in certain regions where the snow arrives earlier than in others. It is possible, although highly unlikely, that there could be a snowstorm in Windsor on the third Monday of October. However, in northern Quebec, Nunavut, Yukon or Labrador it is plausible that there would be a snowstorm on the third Monday of October.

That is why we in the Bloc Québécois proposed the second Monday in May. We introduced an amendment, but it was defeated in committee. That is democracy in action. We also suggested that the third Monday in October not be chosen simply because in Canada and Quebec, the Thanksgiving holiday always falls on the second Monday in October. Because of religious tradition or the Roman calendar, Easter never falls on the same date. Whereas Thanksgiving is always celebrated on the second Monday in October, whether that day is October 9, 10 or 12.

Advance polling will therefore take place on Thanksgiving weekend. This is probably the last long weekend when people can visit family out of town, and it is a time when people may be busier than usual, because they have to close up their vacation homes and cottages, turn off the water and so on. In addition, people travel across the border, as they take advantage of the long weekend to go away. If the third Monday in October were chosen, advance polling would take place on the second Monday in October, on Thanksgiving weekend. We believed that, to a certain extent, this could work against our goal of having the highest possible voter turnout.

Yesterday, the voter turnout in France was 84% or 85%. Clearly, they have a healthy democracy. Furthermore, a review of participation rates in federal elections here since 1960 reveals a downward slope, which is cause for concern. Duly elected representatives of the population are being chosen by fewer and fewer people over the years. People are losing interest in politics. Obviously, this is not good for democracy. That is why we, the Bloc Québécois, have suggested another date.

I would note that Bill C-16 would remove the Prime Minister's prerogative to call a general election at the most propitious and convenient time. Prime Minister Chrétien excelled at that. Our fusty senators' amendment comes as no surprise, because, quite simply, they want to hang on to the old-fashioned approach that enables them to bamboozle the opposition parties.

Prime Minister Chrétien was an expert at this. As soon as an opposition party got a new leader, Prime Minister Chrétien used the opportunity to call a snap election, thereby taking advantage of the newly elected leader's inexperience and the leadership convention, which is, of course, an event that divides the members of Parliament belonging to that party, who have to take sides and support one candidate or the other.

It is clear that the wounds have not yet healed among the Liberals on this side of the House who participated in the last leadership convention, which the current Leader of the Opposition won. A leadership race is a divisive event. Anyone who needs to be convinced of that has only to look at how Prime Minister Chrétien handled himself.

My party leader, the hon. member for Laurier—Sainte-Marie, was elected leader of the Bloc Québécois on March 15, 1997. Then, we had a general election on June 2, 1997.

On July 8, 2000, the Minister of Public Safety was elected leader of the Canadian Alliance. We have nearly forgotten that that party was once called the Reform Party. The party has changed names a number of times. It reminds me of new Coke, classic Coke and Coke zero. We have had a hard time keeping track of this party's name over the past few years. Its current name is the Conservative Party of Canada.

So, on July 8, 2000, the current public safety minister was chosen as party leader following the Canadian Alliance leadership race. Prime Minister Chrétien called an election to be held November 27, 2000, although the previous election had taken place on June 2, 1997, within the normal, usual or standard timeframe of four years. In fact, as we all know, the Constitution states that a term can last for up to five years, but the normal length is four years. Prime Minister Chrétien therefore took advantage of this opportunity to call an election.

On March 20, 2004, the current Prime Minister was elected leader of the Conservative Party of Canada and an election was called for June 28, 2004, once again, within the four-year time frame, on the occasion of a change in party leader.

Thus, I feel that Bill C-16 would remove the Prime Minister's prerogative to call an election when he or she feels the planets are best aligned to take the opposition parties by surprise.

For all these reasons—and I am sure we will have the opportunity to further discuss Bill C-16—I would like to reiterate that the Bloc Québécois will support this motion to reject the Senate's proposed amendment to Bill C-16.

Canada Elections ActGovernment Orders

April 23rd, 2007 / 1 p.m.

Blackstrap Saskatchewan

Conservative

Lynne Yelich ConservativeParliamentary Secretary to the Minister of Human Resources and Social Development

Mr. Speaker, I just want to comment on the member's concern about the set election date. He suggested May but I think he should take into consideration that May would not be a very good time for most farming communities. Although I do not know about Quebec, I do know that May is smack in the middle of seeding time on the prairies and much field work is being done prior to those weekends. If it is a late Easter, as sometimes it is, or, as he mentioned, Thanksgiving never being on the same weekend, it could cause problems if the election date were set during that time.

As he said, this is not handy either because he might be away closing down cabins while those in the prairie provinces are opening up their cabins in May. May is not really that good for the farming communities but it is also not good because graduations and weddings are usually held then, whereas that is never an issue at the end of October.

I just want to know if the member ever took into consideration farming communities that perhaps would not be in favour of a May election date.

Canada Elections ActGovernment Orders

April 23rd, 2007 / 1 p.m.

Bloc

Michel Guimond Bloc Montmorency—Charlevoix—Haute-Côte-Nord, QC

Mr. Speaker, my point was not to reconsider the date that had been chosen. I simply said that at the Standing Committee on Procedure and House Affairs, we had suggested May, but we were defeated. We will live with it. We will bear that in mind and accept a fixed-date election on the third Monday of October.

My colleague has informed me that seeding and various agricultural activities take place in May, but I would think that they also take place in October. So, it will probably be hard to find the best date.

That said, we are opposed to the amendment put forward by the Senate that would allow a referendum, particularly a municipal one, to change the date in October.

Canada Elections ActGovernment Orders

April 23rd, 2007 / 1 p.m.

Liberal

Larry Bagnell Liberal Yukon, YT

Mr. Speaker, within three or four days of the bill's coming into effect, there will be a municipal election in the Yukon. Does the hon. member agree that it will be a good bill in that respect? Personally, I find it very confusing. I have been through two elections at the same time before. People get confused when the enumerators come to the door. They think that the enumerators have already been there and wonder for which election they are being enumerated. Does the hon. member think that is good and will there be more flexibility for the Chief Electoral Officer?

Also, the minor amendment we are talking about is at the discretion of the Chief Electoral Officer. Of course, he would not change a federal election for a minor municipal issue. Does the member have confidence in the Chief Electoral Officer to make rational decisions?

Canada Elections ActGovernment Orders

April 23rd, 2007 / 1 p.m.

Bloc

Michel Guimond Bloc Montmorency—Charlevoix—Haute-Côte-Nord, QC

Mr. Speaker, I will answer the second question. I have confidence in the new Chief Electoral Officer, Marc Mayrand. He appeared before us in the Standing Committee on Procedure and House Affairs and told us about his work history. I had complete and utter confidence in Mr. Kingsley, as I have complete and utter confidence in everyone at the office of the Chief Electoral Officer. However, rejecting this amendment is not a reflection of lack of confidence. It would be an aberration to include in legislation that a federal, provincial or municipal referendum could cause a change of date. We will simply avoid that risk and we will reject the amendment from the Liberal senators. It will not be included and the Chief Electoral Officer will therefore not have to make a possibly controversial decision.

I want to thank my colleague for reminding me about municipal elections. That was indeed one of the reasons why I asked that this be changed to May. I had forgotten. I raised this point to mention that I found and still find this bill to be flawed. It can be improved. In Quebec, municipal elections are also held the first Sunday in November. Under Bill C-16, we will have—

Canada Elections ActGovernment Orders

April 23rd, 2007 / 1 p.m.

An hon. member

Oh, oh!

Canada Elections ActGovernment Orders

April 23rd, 2007 / 1 p.m.

Bloc

Michel Guimond Bloc Montmorency—Charlevoix—Haute-Côte-Nord, QC

I am not sure what my colleague is yapping about, but he is breaking my concentration. Mr. Speaker, perhaps you could ask him to take it outside.

In Quebec, these elections will be held the third Monday of October, 2009. Quebec has fixed date municipal elections and all the municipalities in Quebec will be in an election period on November 1, 2009. This will necessarily cause confusion. Not everyone is up on politics. I know that because I have been a federal member since 1993 and some people wished me good luck in Quebec's provincial election on March 26. I told them I was not campaigning because I was working at the federal level. People are used to seeing us, to seeing our faces in the newspapers and from time to time on campaign signs. I agree with my colleague, this can cause some confusion. However, a member who is involved, who goes door to door and meets his constituents, will be able to set things straight quite easily.

Canada Elections ActGovernment Orders

April 23rd, 2007 / 1:05 p.m.

The Acting Speaker Royal Galipeau

The member for Montmorency—Charlevoix—Haute-Côte-Nord is quite right about the noise in the House. I would appreciate all members paying attention to the question of the member for Ottawa Centre.

Canada Elections ActGovernment Orders

April 23rd, 2007 / 1:05 p.m.

NDP

Paul Dewar NDP Ottawa Centre, ON

Mr. Speaker, my colleague and I were on the committee that studied the bill. Does he agree that if we entertain this motion from the government that it will have the unfortunate consequence, unintended perhaps from his party's support of the government motion, of actually delaying the bill being put into place?

We all supported the intent of the bill. It is a good step in terms of giving all Canadians a sense of when an election would take place. It takes away the opportunity of the government to manipulate the election date for its own purposes.

Could I get an indication as to the hon. member's concerns that perhaps it will delay the bill's coming into force, and the concerns he might have to get the bill going versus the concerns he might have about the amendment? Should we not follow a speedy process on the bill?

Canada Elections ActGovernment Orders

April 23rd, 2007 / 1:05 p.m.

Bloc

Michel Guimond Bloc Montmorency—Charlevoix—Haute-Côte-Nord, QC

Mr. Speaker, that does pose a problem in terms of balance.

We were faced with accepting a bad amendment and the possibility of the government using that to delay adoption of the bill. It is all about perception. The government patted itself on the back and boasted that this bill required it to go ahead with fixed date elections. Now, if it uses delaying tactics to postpone adopting the bill, the government will have to bear the blame.

Canada Elections ActGovernment Orders

April 23rd, 2007 / 1:10 p.m.

The Acting Speaker Royal Galipeau

The hon. member for Ottawa--Vanier is rising on a point of order.

Canada Elections ActGovernment Orders

April 23rd, 2007 / 1:10 p.m.

Liberal

Mauril Bélanger Liberal Ottawa—Vanier, ON

Mr. Speaker, earlier you agreed with the member who just spoke about being interrupted. I would like to disagree because when one colleague accuses another of yapping, I do not believe that the Speaker should say that it is all right.

Canada Elections ActGovernment Orders

April 23rd, 2007 / 1:10 p.m.

The Acting Speaker Royal Galipeau

The member for Ottawa—Vanier is also right. What I wanted to address, when I intervened just before, was not the yapping but rather the interruption of one member by another.

The hon. member for Montmorency—Charlevoix—Haute-Côte-Nord has the floor.

Canada Elections ActGovernment Orders

April 23rd, 2007 / 1:10 p.m.

Bloc

Michel Guimond Bloc Montmorency—Charlevoix—Haute-Côte-Nord, QC

Mr. Speaker, my colleague was not even present when I made the comment. He arrived at the last minute and —

Canada Elections ActGovernment Orders

April 23rd, 2007 / 1:10 p.m.

The Acting Speaker Royal Galipeau

In one of his last comments, the hon. member for Montmorency—Charlevoix—Haute-Côté-Nord alluded to the fact that he has been here since 1993. Therefore, with his experience, he knows that we do not mention the presence or absence of members.

I now recognize the hon. member for Ottawa Centre.