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.

Canada Elections Act

[Michael Chong, Conservative, President of the Queen's Privy Council for Canada]

Mr. Speaker, I wish to ask a question of my colleague from Regina about some of the timings of the elections in the last number of years. As the House knows, there were a number of elections that were called on very short order. The one I remember most fondly is the 2000 election, where only three years into a five year term the government of the day called a snap election and at a time when many of the other parties were not prepared or ready to have an election.

Could the member tell us how Bill C-16 addresses some of the concerns that were generated from that snap election call?

The House resumed consideration of the motion that Bill C-16, An Act to amend the Canada Elections Act, be read the third time and passed.

Speaker's Ruling

[Tom Lukiwski, Conservative, Parliamentary Secretary to the Leader of the Government in the House of Commons and Minister for Democratic Reform]

Mr. Speaker, I would like to thank all hon. members for what I am sure will be their rapt attention over the next 10 minutes. I look forward to their comments and questions at the end of my presentation.

Let me say a couple of things at the outset about why I believe this is a very good bill, not that government bills are not good when they are presented in this House, frankly, but I think that some are better than others in their formulation. I say that because, as we know, this bill came back from committee without amendment.

Let me just dwell on that for a few moments and, for those Canadians who may be watching this debate, try to explain the distinction to them and why this is a very important distinction. Many bills referred to committee are amended significantly at the committee level. In fact, we have seen an example of that in this House with some of our justice bills. The committee has gutted them almost beyond recognition, to the detriment, in my opinion, of the bills themselves, before sending them back to this place for further discussion and further debate. That is not the case with Bill C-16.

Bill C-16 was a wonderfully crafted bill when it was sent to committee following second reading. In fact, that was exemplified by the fact that after extensive discussion in committee, the bill was referred back to the House without amendment. We are now discussing it and debating it. It will pass, I am sure, after third reading, but again, this speaks to the fact that when this bill was first crafted, when the government decided to bring this bill forward in one of our first attempts at democratic reform for all Canadians, it was a shining example of the type of attitude that this government has when it comes to democratic reform, because it was a bill that required no amendment.

Yes, there was a lengthy discussion and there was a lengthy analysis of the bill, but at the end of the day, the bill in its entirety, without exception, without amendment, was sent back to this place for the approval of all members of this place. Why is that? What makes this bill so strong that it could withstand the scrutiny of all members of the committee, who represent all political parties in this place? Quite frankly, it is so strong because it deals with four very specific issues.

It deals with fairness. It talks about the need for no political party to have an undue advantage when setting the date for the next election. That is extremely important, because time and time again in this place we have seen examples of it by various political parties, and we have seen examples throughout Canada at the provincial level by various political parties, examples where the party of the day had the ability to call an election to fit its own political purposes and, I would suggest, abused that ability.

In this place on more than one occasion we have seen the governing party of the day call a federal election in the middle of, or shortly thereafter, a leadership race of a competing political party. In my opinion, not only is that politically amoral, but it really fuels this level of cynicism about the entire democratic process, of which other members in this place have spoken.

What I believe all Canadians want to see in the conduct of all their parliamentarians is a set of rules and a set of procedures that are inherently fair and balanced. I believe that this bill, by setting a fixed date for every federal election, has that inherent fairness, whereby no political party that happens to be in power would have an undue advantage in the ability to call an election when the polls seem to be prime for that particular party.

This, above all other attributes of this bill, will set a level of fairness that I think all Canadians not only will appreciate but have demanded for oh so many years. It is this fairness that will bring some degree of predictability to when elections are held. I think that is extremely important. When we were discussing this bill at the committee level, we brought in many expert witnesses who talked to this very fact, that in setting a date every of four years for an election, predictability not only helps the government of the day but improves things like voter turnout.

Quite frankly, the longer we are into this process of fixed dates for elections on the third Monday in October of each fourth calendar year, we will find that the voter turnout will increase. People will become more used to the date for the election. If we asked people south of the border, the average citizen of the United States of America would be able to tell us when the presidential elections are held and when mid-term elections are held, because they are set into a routine and they know when election day occurs. That will be the case here in Canada once we are into this process a few elections down the road. Canadians will understand that every fourth year on the third Monday in October there will be a federal election. That will absolutely help in terms of voter turnout.

One of the great tragedies of Canadian politics is that over the course of the last decade or two, we have seen voter turnout steadily decrease. I think we can attribute a number of factors to that decrease. Cynicism certainly is part of it, but if we get into a routine and Canadians know when they will be going to the polls, they will start looking forward to an election. I suggest that they will take more time to examine the issues and pay closer attention to the level of scrutiny that all politicians from time to time seem to abuse. Ultimately I think Canadians in increasing numbers will get out to vote.

In the last two or three federal elections we have seen voter turnout down as low as 62% to 64%. More alarming than that, we have seen a disproportionate number of young voters refusing to exercise their franchise. This bill will be the first step in reversing that trend.

Although some colleagues had opposite views, one of the things the bill will do is it will actually improve the level of governance in this party.

[Jay Hill, Conservative, Prince George—Peace River, BC]

That is very true, Mr. Speaker. It is probably not as much as I would like, but with all due respect I welcome the comments of my colleague from the Liberal Party, who rattled off about five questions, any one of which I could spend considerable time trying to address adequately. He talked about floor crossing, the appointment of Senator Fortier, the issue of the Minister of International Trade, income trusts, and confidence motions. I do not know which of those I can pick to try to address in a few minutes, but let us deal for a moment with the issue of confidence, because it pertains to the bill we are discussing today.

During earlier debate on Bill C-16 when it was before the House, we spoke quite extensively about this whole issue, because an interest was expressed by members of the Liberal Party and others that under this bill we should somehow restrict what would or would not result in confidence and thus could result in the minority government falling, in the minority government losing the confidence of this chamber and the Prime Minister being required under our system to go to the Governor General and request that an election be held.

At that time, I pointed out that in addition to the traditional or historical confidence motions dealing with the budget, as the member mentioned, or motions dealing with money matters, whether it is the supplementary estimates procedure in the House, the budget itself or the business of supply, the view is that if the government loses those particular votes, that does, by extension, express a non-confidence in the government and the government falls. I will grant that right at the outset.

In addition, though, I raised the issue that from time to time there are very important issues that come up, and to my knowledge the Prime Minister has indicated only one other issue thus far in this Parliament that would be a confidence measure, and that is the softwood lumber agreement. I think that is appropriate, because that particular agreement is so inherent to the economic well-being of the nation that individual members of Parliament should be required to state very clearly how they are going to represent their constituents on that issue. If the government cannot carry the day on an issue of such importance, then indeed we should go to the people and let them decide how important that is.

There are always going to be special issues, whether it is to extend our mission to Afghanistan or whether is international defence treaties or those types of issues, special issues that we believe will constitute confidence in the government, and we must carry those votes if we are going to stay in office.

[Jay Hill, Conservative, Prince George—Peace River, BC]

Mr. Speaker, it is indeed a pleasure to rise today to join the debate on Bill C-16.

I wish to indicate at the outset of my remarks that I will be splitting my time with my colleague from Regina—Lumsden—Lake Centre, the parliamentary secretary to the hon. government House leader.

I have had the privilege of serving as the chief government whip in Parliament and the honour, as well, of serving on the procedure and House affairs committee which was the committee to which Bill C-16 was sent for further deliberation following second reading in the chamber.

I was pleased with the work that the procedure and House affairs committee did on this piece of legislation. I commend members from all four of the political parties, not just from the government side but from the three opposition parties, which dealt quite expeditiously with the legislation and I think quite thoroughly. They looked at it, called witnesses, and debated it at some length, as my colleague from the New Democratic Party just alluded to. Amendments were brought forward that provoked further debate and some great comments, I felt, from colleagues from all four parties as we worked through this piece of legislation.

Indeed, it exemplified the way Parliament should work. There was a need identified on the part of the government, but as colleagues from other parties have said, not just on the part of the government. It is something that many people have worked on over the years and have highlighted that there should be further change to our democratic process and institutions.

It reminds me, if I needed any reminding, that I started out in this political business as a Reform Party of Canada member of Parliament. Really, when I was first attracted to the Reform Party back in the late eighties, I was attracted on three big platform issues. I was a farmer at that time raising three young children. I was trying to look forward to what life would be for my children. My children are now all in their mid-twenties. I was concerned then as I am today, as are many Canadians, about what kind of world and what kind of country we will be leaving the next generation.

I focused in on three issues. The first was the need for fiscal reform because I was concerned about the debt load that we would be passing to future generations. That is one of the reasons I am very proud of the steps that the government has taken already in the recent announcement of reducing our national debt by some $13.2 billion. That money was assigned out of the surplus to better enable our country to tackle the issue of our national debt and to ensure as much as possible that we do not see this intergenerational transfer of wealth that could result in reduced services and reduced opportunities for the next generation. Any parent, and indeed any grandparent, is concerned about that type of thing.

The second issue, moving on from fiscal reform for which I was attracted to public life, was the need for judicial reform. Here again, I am very encouraged by steps that the justice minister and the new Conservative government have taken. We have brought in 11 bills already thus far in this Parliament since it got under way in April. I am very proud of that fact. Even if they do not all pass, it has prompted further debate about the need to restore not only justice but the perception that justice is done in our country and that criminals will be held accountable for their actions.

As I travel throughout the beautiful riding of Prince George—Peace River and indeed across Canada, I hear this all the time from Canadians from all walks of life. They are very concerned with what they perceive to be an inherent injustice in our judicial system.

It is important to try to do what we can as parliamentarians to restore that faith in the justice system and, to give one example, in the fact that the most violent and most vicious of criminals will be held accountable and will serve their proper time in jail, not under house arrest.

The third area of interest for me is democratic reform. Here we come to the bill that we are debating. As part and parcel of the need for democratic reform--and the member from the New Democratic Party has just put forward thoughts about proportional representation--we have already taken some steps in this regard. We have legislation in the other place that deals with limiting Senate tenure, because Canadians have expressed concern that under the present system senators are appointed sometimes early in life and serve until the age of 75. Canadians feel that perhaps should be changed, so we brought forward legislation to deal with it.

We also have a bill before the House which I hope we will be debating later this week, Bill C-31. Again, it is on something that was raised at the procedure and House affairs committee by colleagues in all parties. There seems to be a general consensus that something further needs to be done with our electoral system to ensure that, as much as possible, voter fraud is eliminated. I noticed while watching television last night that there is concern about the voter fraud issue in the election that will be taking place tomorrow in the United States. As much as possible, we want to improve our system to ensure that it best serves the needs of Canadians.

On Bill C-16, certainly it has been indicated that we do have general agreement among the parties on wanting to eliminate the potential for abuse, either by prime ministers or, in the case of provincial legislation, which we already have in some provinces, by premiers, by having fixed dates for elections. We all need to be very careful when we refer to this that we do not talk about fixed elections. During the last debate in the House, a few people misspoke. We in the government are certainly not interested in fixing elections, but we are very much interested in fixing the dates of elections.

Already during the debate, we have heard about the fact that if the government were to be sustained until then and in actual fact did not lose the confidence of this place, under our electoral system the next election would not take place until Monday, October 19, 2009. I think that type of clarity is very welcome. I know it is welcomed by the constituents I represent, the people of Prince George—Peace River.

Why do I say that? Because British Columbia does have fixed election dates. It was the first province to do so, in 2001. Indeed, like other countries around the world, it was very quick to see the value in having a fixed election date that brought clarity and certainty to all political parties. It levels the playing field for all participants and indeed for all voters, because it is known well in advance when that election will take place.

In 2001, British Columbia brought this forward and we had our first fixed election date on May 17, 2005. A lot has been said about the possibility that if we have fixed election dates, they somehow will produce lame duck governments, but that has not been the experience, not only in British Columbia but also in other jurisdictions and countries around the world. That has not been the case. I think a strong argument can be made that, with this type of certainty, governments, whether they are majority or minority, will keep governing and working right up to the day of the election. Indeed, far from being a lame duck government, it will be a very effective government and will work in the best interests of its people.

I am almost out of time, but I will note the other argument we have heard, which is that by having a fixed election date the legislative agenda of the government somehow will be held hostage, or that somehow the government could fall suddenly, especially in a minority government situation. That is true, certainly in a minority government situation. We recognize that.

There has been some criticism that under our system the premier of British Columbia and the Prime Minister of the country still will have the power to call an election. That is true, because we have to build that into the system, especially in the present situation because of the minority government. Indeed, it might come about that the government could fall, but I do not think, and I made this point in the last debate, that a prime minister would dare call an election before that date unless he had a very good reason for it. He would be held accountable by the people, because their expectation, through the legislation itself, would be that the date was off into the future.

I of course welcome any comments or questions from my colleagues on this important piece of legislation.

[Paul Dewar, NDP, Ottawa Centre, ON]

Mr. Speaker, I am pleased to rise in the House today to speak in support of Bill C-16. As has been noted by my colleagues, this was part of the ethics package put forward by my predecessor Ed Broadbent before the last election. We embraced his ethics package in our election campaign because of the deep cynicism felt by citizens around the manipulation of election dates. Fixed date elections was part of Mr. Broadbent's ethics package.

Floor crossing was also included in his package. I for one will be glad to see the day when the government sees the wisdom of ensuring that we do not have another fiasco like we had just after the last election when a member crossed the floor and vaulted into cabinet, or for that matter, when someone vaulted into the Senate and then to cabinet.

All these things cumulatively deepen the cynicism of citizens in the democratic process.

Much has been said about the lack of participation of young people in the election process. I am happy to say that my riding had the third highest voter turnout in the whole country due in part to the number of young people who participated in the voting process. I fundamentally believe it was because they had a reason to vote. Hopefully, we have brought them in on the conversation so to speak. They wanted to see change. One of the reasons they participated in my election campaign was they wanted to see real democratic reform. They did not want floor crossing to continue. They did not want to see senators vaulted in one day and thrown into cabinet the next, which is fundamentally undemocratic.

The legislation is something we obviously embrace because it was taken from our platform. We are delighted to see the government acknowledge it. Hopefully, it will continue to rob our agenda on democratic reform because it is so fundamental. If our citizenry is cynical about the democratic franchise, then it is pretty obvious what will happen. There are examples all around the world where citizens have decided they do not have faith in their democratic institutions.

Worth of mention is what we attempted to do as a party. I sat on the committee and put forward amendments, but sadly they were not embraced. However, I think they are worthy of mentioning today.

One important amendment, which was acknowledged by the government, was the fact that this legislation would not change the Constitution. I noted in committee that we accepted the fact. It was a pragmatic approach and there was nothing wrong with it. The Constitution is a reference point for all Canadians and it certainly should be a reference point for Parliament. We cannot always do the end run around the Constitution. At some point we have to acknowledge that the Constitution is there for a purpose. It sets out the rules of engagement for our democracy.

We accepted the pragmatism of the bill and its importance. We agreed that we did not want to open up the Constitution. I put forward an amendment that would have clearly set out what would happen with respect to issues of confidence. It stated:

If the House of Commons adopts a motion of non-confidence in the government and the Prime Minister does not resign despite the adoption of that motion, the Prime Minister shall advise the Governor General to dissolve the House of Commons on the day the motion is adopted and to command that a general election be held on a Monday selected by the Prime Minister that is not later than 180 days following the day on which the motion is adopted.

The reason I put that forward was we had discussed flexible fixed date elections in debate in the House and in committee. Why? Because in times of minority Parliaments if confidence in the government is lost, then it will fall and an election will ensue. I thought it very important for Canadians to see that in the bill. This is why I proposed the amendment. Sadly, it was not seen as being in order. I simply want to put that on the record as something we had prescribed, not to undermine the bill but to strengthen it. The other suggestions we made were minor, but we felt they would strengthen the bill as well.

The New Democratic Party took the bill seriously. We put forward amendments, as did our colleagues from the Bloc, to ensure that it would be the best it could be. For that, we need to understand the nature of the bill is and what we can do with it.

The bill will not change the other facets of the democratic deficit. I have already talked about floor crossing as the major gaping wound in terms of the rules of engagement in this place. I know my colleagues in Manitoba are putting forward an anti-floor crossing bill. We look forward to them embracing democracy there. We wish this place would as well.

We need to do so much more. In the last Parliament, a committee on government rules took a look at what could be done to strengthen our democracy by way of going to the people of Canada. In fact, if I may read from the committee, it recommended:

That the government launch a process of democratic and electoral reform to begin no later than October 1, 2005 and to be completed by February 28, 2006; and

That the process involve a special committee of the House of Commons, and a citizens’ consultation group;

That was agreed to by every party within the House of Commons in the last House.

What happened to this? Sadly, like many things that are important, particularly around democratic reform, it was put off to the side by the previous government. It was not embraced. We got excuses about hiring facilitators, et cetera. I might point out that it did not take the previous government long to put together the Gomery inquiry and it found consultants within a minute to fulfill the complement of resources needed for that.

For the consultation of citizens on democratic reform, the excuse was that the government did not have time. That is not good enough. What the House has to do, and it is incumbent to build from the fixed date elections, is to ensure that we go back to what Parliament agreed to do, through its committee structure, and start a process to go beyond just the fixed date elections. That, after all, is only the beginning. We need to have a committee of the House work on the concerns people have around democratic reform, look at other models and ensure it is congruent with where people are at and do this by way of citizenry consultation.

Canadians can look for more on that from the NDP. This party has not lost sight of the fact that Bill C-16 is not the end of ensuring we have real democracy in our country. In fact, it is the beginning.

If we were to look back to a place in history that is similar to where we are right now, we might find ourselves looking at the whole notion of responsible government and the situation of what was occurring in the 1840s, following the rebellions in 1837. We would find that the focus of the country at that time was how to reform our institutions to bring in real responsible government. I believe we are at a similar point in our history.

People have lost confidence in government institutions. They have lost confidence in the way we elect members of Parliament. They have lost confidence in some of the players, and we saw that in the most recent history. It is incumbent, as it was in the 1840s, to restore the confidence in our democratic institutions.

Quite frankly, we have to do what LaFontaine and Baldwin did at the time. That is not to throw away good ideas, but to embrace them. The only way that will happen is if we go to the Canadian people, through a citizens consultation, and use this place in the best way we can, by having a committee to come up with smart, sensible, democratic reforms. If we do not do that, we will be in a similar situation as we were in the 1840s, save for the fact that people stood up, proposed and made sensible changes to the structures of the democracy at the time.

We know the outcome of the rebellions of 1837 into responsible government in the 1840s was the beginnings of what we see today and eventually Confederation. If that had not happened in the 1840s, and many historians concur, we would not have had Confederation. We need to strengthen responsible government. We need to do that by going to the Canadian people by way of a consultation and by way of this place having a committee.

Why is that necessary? I want to confirm that there is a problem in our democracy simply by looking at the turnout from the last election, not in the numbers of people but the distribution of proportionality of the vote.

If we look to the last election, the governing party received 36% of the vote; however, it received 40% of the seats. That is actually not so bad compared to the election before when we look at the government of the day, the Liberal Party, receiving 36% of the vote and 43% of the seats. There is a problem here. It is a fundamental structural problem. It is about proportionality.

We have a model presented by the Law Commission not too long ago that showed that there is a way to embrace both first past the post and proportionality. Canadians are not satisfied when their votes do not count. We know that fixed date elections are simply one point. It is about what Canadians do when they get to the ballot box. They have to know that their vote will count and that is what we have to fundamentally change.

In summary, the New Democratic Party supports the bill because in essence it is our policy and we are glad that the government took it. We want to see real democratic reform and building on this democratic reform, we want an engagement with citizens to ensure that all of us have confidence in this place and the democratic structures of our country.

[John Cannis, Liberal, Scarborough Centre, ON]

Mr. Speaker, I listened very carefully to the member from the Bloc on Bill C-16 and a have a couple of questions.

First, this is a new proposal for federal elections as we well know. We also know that there are two provinces that are working with fixed election dates, British Columbia and Ontario.

Generally, in the pharmaceutical industry for example, when a new product comes out, it has to go through various trials and testings and then it is released to the general public. Even at that we sometimes hear years down the road that it has to pull it off the shelf because some things were unforeseen et cetera.

I could use another example. When the same sex marriage issue was unfolding across the country, it was not until after various provincial superior courts ruled that it came to us on the federal side and we then asked the Supreme Court of Canada for an opinion and followed it accordingly.

On Bill C-16, fixed elections dates, would it not be wise to see how it unfolds with the other provinces and as it unfolds see if there are any glitches and fine tuning that needs to be done before we just implement? As the pharmaceutical industry, for example, we may find that there are some problems and we have to backtrack.

They taught us in physics in school that we test first and then we implement. Would the member not consider waiting for the outcome of other provincial elections before we move forward on the federal side?

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

Mr. Speaker, as vice-chair of the Standing Committee on Procedure and House Affairs, I am pleased to rise today to speak to Bill C-16, which amends the Canada Elections Act, primarily to establish fixed election dates.

Just as I did at the previous stage, I would like to make it clear, from the outset, that the Bloc Québécois is in favour of Bill C-16, despite the fact that it does have certain flaws and of course requires some improvement. Accordingly, we, the Bloc Québécois, proposed certain changes in committee. Unfortunately, they were defeated by the majority of the committee members. The Bloc Québécois believes that, with this bill, Canada joins other democratic countries around the world that have adopted such a principle, particularly, Sweden, Finland, Norway, Switzerland, Luxembourg and the United States.

Within Canada, three provinces already have fixed election dates, namely, Ontario, Newfoundland and British Columbia. I believe British Columbia is the province with the greatest expertise, since it has been conducting elections this way the longest. During a committee meeting, via video conferencing, we had the opportunity to hear from the Assistant Chief Electoral Officer in British Columbia, who told us about that province's experiences in that regard.

In Quebec, elections have been held on fixed dates at the municipal level for a number of years and this principle has not reduced either the accountability of elected officials or democracy itself. Although some questions remain regarding the actual wording of the bill, its main advantage is to eliminate the prerogative of the party in power to call an election at the most politically opportune time.

Thus, to some degree, no matter the prevailing situation, the economy, the strength of the party in power or of the party in opposition, the internal dissension in a party—no matter the external circumstances—elections will now be held on fixed dates.

This will prevent the reoccurrence of what happened with the 1997, 2000 and 2004 elections, when the Liberals were in power—the Liberals of Jean Chrétien as well as of the current member for LaSalle—Émard, who I will not name as he has not yet quit his seat, but you know who I am referring to—and the prime minister exercised this prerogative in order to call an election in what I could call a meanspirited act, as I will explain.

On March 15, 1997, the member for Laurier—Sainte-Marie, the current Bloc Québécois leader, was elected leader of the party; former Prime Minister Jean Chrétien called the elections on June 2, 1997.

On July 8, 2000, the current Minister of Public Safety was elected as the leader of the Canadian Alliance, as it was known at the time. We know that this party had an identity crisis and changed names a few times. There was the Reform Party and the Canadian Alliance. The ideology of the party was somewhat fuzzy making it difficult to know the name of the party.

A certain split occurred under the leadership of that member, the current Minister of Public Safety. A dozen members left the ranks of the Canadian Alliance to rejoin the Progressive Conservative Party led by former prime minister Joe Clark.

Ideologically speaking, there was some fuzziness. That atmosphere of internal division and tension prompted then Prime Minister Jean Chrétien to call an election for November 27, 2000. Later, on March 20, 2004, the current Prime Minister was elected leader of the Conservative Party of Canada. Another election took place June 28, 2004.

Thanks to fixed date elections, whoever is prime minister will no longer be able to take advantage of divisions or disorganization in the ranks of opposition parties. That would give him an unfair, if not unjust, advantage over the other parties. We will see what happens in practice.

In committee, my colleagues from other parties and I had some questions about whether this bill, as it is written, would not open the door to some type of prerogative, despite a fixed election date.

The bill indicates that in exceptional circumstances or in extraordinary circumstances, the prime minister could decide to call an election. The notion of exceptional or extraordinary circumstances is necessarily subjective. Indeed, what is exceptional to me could be quite normal for someone else. What is extraordinary for one person could be out of the ordinary, but not necessarily extraordinary, for another. Although this does not lessen our support for this bill, we must be prudent and consider some modification.

In future, elections will be predictable. That will enable more rational governance. Members of parliamentary committees will henceforth be able to set their agendas in advance, which will make the work of committees and of Parliament more efficient; at least, we dare to hope so.

In terms of predictable elections, this bill offers a clear benefit. Elections Canada will be in a better position to prepare its work. That will also make it possible to reduce the length of election campaigns. Elections Canada will be able to begin its preparations by counting backwards. Since the Chief Electoral Officer of Canada, Mr. Kingsley, will know the date of the election, he will be able to carry out all the preparatory steps necessary for holding the general election.

As part of my duties within the Bloc Québécois, I gathered reports of all the problems that arose in the last election and even those in the 2004 vote. In certain ridings, totally incompetent and unprepared returning officers provided us with some horror stories that would make the hair on your head stand up.

With all due respect, Mr. Speaker, the hair may stand up on your head, but not for long and not so high as on my head, I admit. I say that to you as a friend, since you have a little hair, but it will not necessarily be the hair on top of your head that will stand up; it will be mainly the hair on the sides of your head.

These horror stories damage the credibility of the electoral process by which we democratically choose who will represent us.

From now on Elections Canada can prepare itself accordingly.

We also hope, with this bill, that there will be better voter turnout, that advertising around a fixed date election may foster improved turnout. I am talking about all advertising coordinated by the Chief Electoral Officer among certain target groups, such as young people, who do not vote much in any elections and who, in some instances, have no interest in politics.

Speaking of voter turnout, I must recall the point of the amendment that the Bloc Québécois tabled concerning the date.

We know that Bill C-16 provides for elections on the third Monday of October. Right from the start I am sure that the cabinet of the parliamentary leader of the government carefully examined all the calendars. Apparently that date does not conflict with any religious holidays or other holidays that might lower the participation rate. That is all right, but there is an event in Canada and Quebec, Thanksgiving, which is always on the second Monday of October—until the end of time. It is statutory. Let us look at a calendar.

I came close to selecting the year 2050 so as to have a date as far away as possible, but that is exactly the same year the government plans to begin dealing with greenhouse gas emissions. Imagine how far away that is. So this shows that the government’s green plan is totally unrealistic and ill-adapted, but you could invoke the irrelevance of my remarks, Mr. Speaker, and before you get ready to do so, I will get back to the point.

If we consult the calendar for 2050, we see that the Thanksgiving holiday will be on the second Monday in October. But, in a vote held the third Monday of October, the previous weekend is reserved for the advance poll.

We, the Bloc Québécois, have suggested that the Thanksgiving weekend is one of the last nice weekends of the year, which is why people often plan to close up the cottage then. It is one of the last long weekends before winter, and people who have family in the regions can take advantage of it to celebrate Thanksgiving with the family, go eat turkey and so on, because there is still no snow on the ground in most parts of Canada. Of course, we sometimes get storms in mid-October, but typically the weather is still pretty nice. This is why we think that holding an advance poll during the Thanksgiving weekend does not encourage a very high turnout. I do not think elections have ever been held that particular weekend.

This is why we, the Bloc Québécois, have given the matter some thought and have suggested that the first Monday in May would be a more appropriate date.

I would not want to cause any doubt by saying this. We support Bill C-16 as written, but I still want to explain why the Bloc Québécois prefers the date it does. Unlike Thanksgiving, Easter does not occur on a set date. It sometimes happens at the end of March, and sometimes in April—even as late as the end of April. We only checked for the next 15 years, but 11 years from now, that is, once in the next 15 years, the advance poll would take place during the Easter weekend.

In all honesty, I must clarify what I said earlier about Thanksgiving.

Contrary to Thanksgiving, which is always the second Monday in October, Easter has only been the same time once in the last 15 years.

That is why we were in favour of May, although my colleagues democratically defeated the amendments that the Bloc proposed in the Standing Committee on Procedure and House Affairs.

For all these reasons and many others that I cannot mention for lack of time, I am announcing to the House that we are in favour of this bill and dare to hope that the participation rate will be higher in the next election. It has become apparent in previous elections, at least according to the participation rate curve over the last 20 years, that fewer and fewer of our fellow citizens take an interest in parliamentary democracy and fewer and fewer are willing to go and vote. That is very unfortunate in a democratic system like ours.

[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.

[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 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.

[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.

[The Acting Speaker, Conservative, Royal Galipeau]

At this time, I would like to share with the House a ruling by the Speaker.

I am referring to the act to amend the Canada Elections Act. There are three motions in amendment standing on the Notice Paper for the report stage of Bill C-16.

Motions Nos. 1 to 3 will not be selected by the Chair as they were defeated in committee. Consequently, the House will proceed to consider the motion to concur in report stage.

The House proceeded to the consideration of Bill C-16, An Act to amend the Canada Elections Act, as reported (without amendment) from the committee.

Business of the House

[Rob Nicholson, Conservative, Leader of the Government in the House of Commons and Minister for Democratic Reform]

Mr. Speaker, today we will continue with the NDP opposition motion.

Tomorrow we should conclude debate on third reading of Bill C-9, an act to amend the Criminal Code (conditional sentence of imprisonment).

Next week we will begin the report stage of Bill C-16, fixed dates for elections, followed by Bill C-26, payday loans, Bill C-6, an act to amend the Aeronautics Act and to make consequential amendments to other acts, Bill C-17, an act to amend the Judges Act and certain other acts in relation to courts and then Bill C-27, dangerous offenders.

I will continue to consult with the House leaders of other political parties with respect to Bill C-31, the voter integrity bill, and we may be able to proceed with that next week as well.