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

[Lui Temelkovski, Liberal, Oak Ridges—Markham, ON]

Mr. Speaker, as I said earlier, October 4 is a good day to have an election date. That is my birthday and I do not mind taking the day off to cast my ballot.

In terms of my hon. colleague's question, I believe that if there is a vote of confidence, it should not be hastily taken in the House at any time at the whim of the prime minister whether it be the current Prime Minister or any prime minister in the upcoming years, hopefully soon.

I consider budget bills as a vote of confidence as well as money bills, but there is more. When the prime minister goes to the Governor General and asks her to dissolve Parliament, it leaves a lot more than just us voting here and having the government overturned or not giving it the vote of confidence. We need to pay particular attention to that and defining it in committee. In all sincerity we need to have the wisdom of the opposition to make the bill a great one.

[Larry Bagnell, Liberal, Yukon, YT]

Mr. Speaker, I have three quick comments related to the month of October. In my riding we have fixed municipal elections in October and I know the objective of the bill is not to overlap, so I want to have that on the record.

Also, if it is the first week in October and go back to the beginning of the election, that would take away Labour Day. Summer is short enough in my riding and I do not want to lose another holiday. People would not want to lose the Labour Day holiday.

Finally, because summer is so important in our ridings, having the date in October at least does not take away the rest of the summer. Maybe the member could talk about some of the important things that happened in his riding this summer.

[Lui Temelkovski, Liberal, Oak Ridges—Markham, ON]

Mr. Speaker, in my riding we were working on rural mail delivery with Canada Post. Canadian business owners in my riding are interested in finding out how to do with business with the Canadian government. I have asked Public Works and Government Services to hold a seminar in my riding. We are trying to work with businesses interested in emerging economies. However, in terms of October, in some parts of the country October is a--

[The Deputy Speaker, Bill Blaikie]

Order, please. The time for orders of the day has expired, but I congratulate the hon. member for working as a team with his members to try to do indirectly what I asked him not to do directly.

The House resumed from September 18 consideration of the motion that Bill C-16, An Act to amend the Canada Elections Act, be read the second time and referred to a committee.

[Mario Silva, Liberal, Davenport, ON]

Mr. Speaker, I am pleased to have this opportunity to speak in the House to Bill C-16, An Act to amend the Canada Elections Act. The intent of the bill is to attempt to establish fixed election dates at the federal level of government in Canada.

Allow me at the outset to clearly state that I am very much in favour of the principle of fixed election dates and view the implementation of such an amendment as a major step forward for Canada's parliamentary system. Having indicated my support for this principle, I must, however, note that the bill certainly falls short of its stated goal.

Although it refers to fixed election dates, a more accurate description would be the most probable election dates.

As members here have noted during the debate, the role of the Governor General and the attendant royal prerogative remain in place.

Therefore, the bill would designate a date in October four years away as the date of the next election but , within our parliamentary system, a government can fall on matters of confidence, particularly financial issues, and this would invalidate the so-called fixed election date for that particular Parliament.

The passage of Bill C-16 is, however, a significant change to our electoral system and one that is long overdue.

We are currently in the midst of our second minority Parliament. While many will argue that minority governments tend to be more accountable to voters due to their vulnerability, there is clearly a significant element of political instability that exists during these mandates.

However, it is important to note that in our parliamentary system, in its current manifestation, this uncertainty is always present to some degree, regardless of whether it is a minority or a majority government.

Any sitting prime minister has significant powers of persuasion over members of the government and Parliament itself, not least of which is the ability to ask the Governor General to dissolve Parliament and call a general election. This certainly affords the prime minister considerable leverage but, in many respects, removes from elected members of Parliament the freedom that is in the best interests of voters, their country and our democratic system of government.

In establishing fixed election dates, the ability of the prime minister to call an election at will would be severely curtailed, at least in principle. Outside of the defeat of the government on a treasury bill, it would have to be a very sound matter of confidence that would see a government risk the political implications of ending a mandate prior to the fixed election date.

The parliamentary tradition of an election call following the defeat of a government treasury bill would remain in place but this would be the only practical condition beyond reproach that would warrant a premature dissolution of Parliament. On matters of policy outside the realm of fiscal issues, it would be more likely than at present for a Parliament to continue, even if a government measure were to be defeated.

The practice of designating bills as confidence matters is quite simply a means of exerting influence over government members and even opposition parties fearful of a general election It is rarely the case that the integrity or validity of a government actually rests with the passage of these so-called non-treasury confidence matters.

Once again, I believe members would be better placed to serve their constituents more effectively if they could avoid the constant threat of a general election simply because a matter is deemed to be a confidence issue. In other words, there would be a greater sincerity in trying to make Parliament work without the automatic move to a general election.

I suggest this, not only for reasons of political stability but for freer expression by members of Parliament and to facilitate more effective representation.

We all realize that general elections are extremely expensive and it is particularly dismaying and wasteful that they can occur without a truly justifiable reason. How many of us, along with our fellow Canadians, abhor the traditional spending spree that has accompanied the period just before a government decides that the time is right for a general election?

Whether true or not, the point is that public money should not be used to attempt to influence voting practices. These practices are wasteful and not sound public policy. It is difficult for political parties in power to resist the temptation to pursue these strategic spending initiatives all the while denying what is often the obvious reality of a pre-writ period.

The reality of fixed election dates would make it much more difficult in terms of political realities for governments to embark on pre-writ spending sprees. The fact that a specific election date is fast approaching would lay waste to any denials associated with the motivation for these kinds of announcements.

Similarly, in implementing fixed election dates we would be effectively ending the practice of allowing parties in power, or even opposition parties in a minority Parliament, to simply choose the best time politically for their members to face the electorate.

Often the timing that best suits a political party may not be the most conducive for voters. The last general election was a campaign that took place over the holiday season with an election day in the midst of the coldest month of the year. Although this election was one that resulted from the defeat of the government on a treasury issue, the timing was certainly not popular.

Once again, fixed election dates would eliminate the ability of elections being called for reasons of political expediency at times which serve the interests of a political party. Having elections take place in the third week of October recognizes the reality of Canada's climate and the challenges that other times create for both candidates and voters.

October elections are also much more realistic in terms of practical considerations associated with voters' calendars. Most people are back at work and school and few are on vacation. This would be most beneficial in terms of encouraging voter turnout as people are available to exercise their franchise.

Similarly, fixed election dates would encourage the candidacies of many more Canadians who would otherwise be reticent to seek elected office due to issues like their current employment situations and the realities of family life. Knowing when an election is going to take place removes this uncertainty and would allow for concrete planning to take place.

The benefits of fixed election dates are recognized by most of the traditional developed democracies. In fact, studies indicate that 75% of these countries now operate on fixed election dates.

There are those who will argue that fixed election dates undermine the traditions of our parliamentary system. I would suggest that our parliamentary system is one that needs to evolve and one that is strong enough to undergo these changes.

Many parliamentary systems are based on the British system as is ours. If we look to the situation in the United Kingdom, there are many changes that have taken place and many that are under consideration. In fact, the devolved Parliaments of Scotland and Wales operate with fixed election dates.

I would suggest that this is the first step on the path of democratic renewal. By allowing for greater political stability, more effective representation and less politically expedient elections, we will be helping to restore the confidence of Canadians in our democratic institutions. Indeed, this is what I would call a significant first step in the process of democratic renewal.

The province of British Columbia has spent considerable time attempting to pursue democratic renewal and in fact led the way recently with its first fixed election date campaign. It is time for the federal government to do so as well.

The bill is only the beginning of the process of democratic reform. By taking this step, we are signalling to Canadians that we are serious about democratic renewal. I would maintain that this first step is but part of a process that will encourage Canadians to become involved in democratic renewal aimed at restoring public confidence in our political institutions and encouraging greater involvement by voters in the conduct of the federal government.

I encourage all members to join with me in supporting Bill C-16 and in continuing the process of democratic renewal in this country.

[Denise Savoie, NDP, Victoria, BC]

Mr. Speaker, the member opposite has indicated his support for electoral reform to restore the confidence of the people in our Parliament. I heartily support that as well.

During the summer I heard many of my constituents express some cynicism about what the government is actually doing through this electoral reform when they hear the Prime Minister invoke confidence votes whenever he has seen his numbers looking favourable.

Would the member opposite support the NDP proposal for an amendment to tighten the definition of confidence votes in the House?

[Mario Silva, Liberal, Davenport, ON]

Mr. Speaker, as I stated yesterday in the House, I, as well as the member, am concerned about the fact that the Prime Minister has stated on many occasions that he is prepared to call a vote on confidence on quite a few matters, in some ways even threatening Parliament to defeat the government on a bill so that he could go before the electorate.

I find this type of behaviour undermines the very essence of what we are trying to accomplish with Bill C-16. If the Prime Minister really is serious about a fixed date election and about making sure this bill is workable and has wide support from all of us in the House, then the Prime Minister must, I believe, stop this tactic of constantly threatening an election every time the polls seem to go up for the Prime Minister. I share my colleague's sentiment.

As for the second part of her question on the NDP amendment, I have not seen it but I certainly am interested in looking at it, because we should do anything we can to in fact tighten that prerogative, as it might be called, to call an election on any whim and waste $300 million of taxpayers' money. Canadians should not be having elections every year, as seems to have been the case in the last two minority parliaments. We should do whatever we can to make sure that we are taking good care of taxpayers' money and we should not call an election whenever we deem it should be the case. I am interested in looking at the amendment and welcome the opportunity to do so.

[Bryon Wilfert, Liberal, Richmond Hill, ON]

Mr. Speaker, historically on the issue of fixed election dates, the government when it was in opposition talked about the fact that the previous government was threatening to have votes of confidence on various issues. The government said then that it should be narrowed down to only a few issues.

I would suggest that the Speech from the Throne and the budget are the only two areas where votes of confidence should occur. Obviously the Speech from the Throne outlines the program of government and the budget gives government the fiscal tools to implement that Speech from the Throne.

In its legislation, the government talks about fixed election dates on the one hand, but on the other hand the government is constantly throwing up straw men by suggesting that the vote on softwood lumber, on Afghanistan or something else could be a vote of confidence.

Does the hon. member agree with my view that the votes on the Speech from the Throne and the budget should really be the only votes of confidence because they test whether the government in fact has the will of the House on these two critical issues? Or does he believe that there should be others? Again, does the member believe that there should be a very prescribed approach rather than this knee-jerk reaction, which we have often heard from the government now that it is in power, that every time it feels threatened it will call an election because the government is obviously looking for an excuse to go to the people?

[Mario Silva, Liberal, Davenport, ON]

Mr. Speaker, I concur with my hon. colleague's comments. If anything, we should try in any way possible to limit those times that the Prime Minister can in fact deem something to be a vote of confidence. It seems, at first glance, that certainly financial issues, in particular the budget, should be a vote of confidence. This has been the tradition of the House. I believe it is the Westminster tradition as well that an election should be called when a government falls due to a vote of confidence or lack of confidence in the House on the budget bill. I think the throne speech is also a major initiative.

Beyond that I would hope that by moving forward on this bill the Prime Minister would change his tone in the House in terms of when an election should be called, as well as his behaviour in terms of deeming everything to be a vote of confidence and threatening an election whenever he finds that the polls are going well for him. That is not the way to behave. If we are to be true to the spirit of this legislation, then we should try to make sure we live by it. There should be very specific issues on which a vote of confidence can be called, such as the budget issues, and nothing else beyond that.

[Carol Skelton, Conservative, Minister of National Revenue and Minister of Western Economic Diversification]

Mr. Speaker, I wish to split my time with my hon. colleague from South Surrey—White Rock—Cloverdale.

It gives me great pleasure to rise to speak on Bill C-16, which would establish fixed election dates for the third Monday of October every fourth year. The bill continues the Conservative government's commitment to provide accountability and transparency in our Canadian democracy.

There is no perfect day for an election. There are, however, better days than others, as everyone in the House knows. I commend all the volunteers in the last election who had the unfortunate job of trying to hammer--or should I say jackhammer?--signs into the ground and who door-knocked with chilling winds and snowy days.

Of special importance to my riding of Saskatoon—Rosetown—Biggar is that October 19, in good years, allows farmers to finish their harvests. Agribusinesses and the people employed in those businesses could become involved in the election process. During the harvest, the agricultural sector barely has time to sleep, let alone participate in or even think about politics. Bill C-19 would ensure that they are able to fully participate in elections.

Senior citizens would also not have to brave the cold weather to exercise their democratic rights. I have heard from many of my senior constituents about the difficulty of making the trek to the polls in freezing temperatures that can reach -30°C. The ice is another danger best avoided when possible, as it seriously hampers their ability to participate in Canada's democracy.

The third Monday of October allows our youth to get settled in the school year. Students could hold candidate debates so they could actively participate and become aware of the issues. As we all know, youth voter participation is at an all time low, with only an estimated 35% of 21 year olds to 24 year olds voting. The most cited reason for this lack of participation is cynicism of the political process. This cynicism extends further than youth, with manipulation of election dates increasing voter apathy.

A poll in 2004 by the Environics Research Group found that 81% of people supported having elections at fixed times. The government listened and now we are acting. By removing the politics from calling elections we are restoring trust in Canadian democracy. No longer will election dates be manipulated by politicians behind closed doors. Combined with the federal accountability act, we are responding to the concerns of our youth and all Canadians by doing politics differently.

The bill makes elections predictable but also makes room for flexibility. In the case of the election falling on a religious holiday or near an important provincial or municipal election, the date can be moved up to seven days following the set polling date.

With the passage of Bill C-16, elections will become predictable and stable while still keeping governments accountable. B.C. and Ontario, under Liberal governments, have both adopted fixed dates for elections, with other provinces considering doing the same. These governments remain accountable because they still allow for votes of non-confidence.

Bill C-16 would allow the government to be voted out in a vote of non-confidence. In this way, the Governor General retains her powers to dissolve Parliament. The bill explicitly states:

Nothing in this section affects the powers of the Governor General, including the power to dissolve Parliament at the Governor General's discretion.

There have been no constitutional or legal problems for either B.C. or Ontario with their election dates and there will not be for the federal government.

We are providing predictability while still working with the traditions of parliamentary democracy. This bill is truly the best of both worlds. It would also allow for provincial governments to plan their elections around federal elections. They could plan to hold them closer or further away from federal elections based on their preferences. One thing is clear, though, and that is that it would make election planning a more rational and easy to follow process. People could plan in advance to get involved in the political process knowing exactly when the next election would be called.

This bill will increase voter turnout by giving more access to our electoral system. Predictable elections will also reduce waste in government machinery and give Canadians value for their money. Elections Canada has to be in a constant state of readiness, which forces it to keep a high level of staffing. This is very costly. In the case of a majority, Elections Canada knows when to expect an election and can plan accordingly. This bill will substantially reduce the cost of holding elections in the future.

Political parties, individual candidates and staff will also be able to plan better. Staff members may be able to join a hockey league knowing that they will not have to leave it midway through to participate in an election. Candidates can plan their election strategies knowing precisely when they will start campaigning. Government departments can plan their agendas more effectively. Instability and uncertainty means that departments have to hold off on projects because they are unsure who will be in power. Committees will be able to plan policy in advance, making it a more focused and efficient system.

Predictability has many political rewards for government and allows us to do our jobs better. In the current system, the governing party has an unfair advantage over opposition parties with the ability to call elections when that suits its purpose. We have seen this done in the past by federal and provincial governments and parties of all stripes. Governments can call elections to coincide with upturns in the economy after large capital projects have been completed or if they are doing well in the polls. This is clearly an unfair advantage for the governing party. Levelling the playing field is an important aspect of democratic government.

People in my riding often come up to me and say that they do not feel the democratic process is working for them any more. Instead, they say, it is working in the interests of those in power and their friends. With this bill, election dates will no longer be set to benefit the ruling party but set to benefit the people.

We must continue the process of restoring trust in our democratic institutions by making them independent of internal party politics. Parliament has been developing a non-partisan electoral system for the past 100 years. Electoral boundaries are drawn by independent commissions and elections are administered by Elections Canada. The date of elections, though, continues to be in the hands of politicians.

In conclusion, let us finish the process by taking politics out of electoral date setting. Let us restore trust in Canadian democracy.

[Anthony Rota, Liberal, Nipissing—Timiskaming, ON]

Mr. Speaker, I was listening closely. I like what I hear and it makes a lot of sense, but I have a real concern about fixed dates. I think back to 1988, when municipal and federal elections took place at the same time. At that time, the government fell and elections went on. My concern is that I do not see anything in the bill, and I hope there will be an amendment, so that this would not happen.

My big fear is that at some point the federal government will fall due to non-confidence during a time when there is a municipal election. Municipal elections now are scheduled every four years in Ontario. What would happen then is that in perpetuity, until the next non-confidence vote takes place, we would have elections happening at the same time at the municipal level and the federal level. The same thing can happen at the provincial level, because Ontario now has a fixed date. It all depends on when that non-confidence vote happens. My big concern is that we would have two levels of government having elections at the same time and it would cause a lot of confusion.

What we are trying to do is mix a congressional system, like those in the United States and other countries, with a parliamentary system. I have a concern when we start blending those two things and do not look at the consequences, because we solve one problem but we may cause 500 more. That is my concern. Other than that, I really do not have a problem with fixed date elections. Maybe the member can comment on what we can do to prevent that from happening.

[Carol Skelton, Conservative, Saskatoon—Rosetown—Biggar, SK]

Mr. Speaker, I appreciate the question from my colleague, which is very interesting. My hon. colleague has spoken about how this works very well in the province of British Columbia. We in Saskatchewan do not have fixed election dates. I think it would be a great benefit for our province. We know when the municipal elections are and we know when they are going to be held. Non-confidence is always something that we cannot work around, but I think this whole bill would start to make a very positive change at the federal level in this country.

[Bryon Wilfert, Liberal, Richmond Hill, ON]

Mr. Speaker, the hon. member talks about the election dates being fixed and how governments have at the moment discretionary power in order to call an election at their whim for political purposes. I certainly agree with that, except that in the beginning of the bill it states that the Governor General still has discretionary power to dissolve Parliament.

The government of course can go to the Governor General and say that this was a vote of confidence. The bill does not define what is a vote of confidence. Is it only going to be, as I suggest it should be, on the Speech from the Throne and on the budget?

Governments still have the power to dissolve Parliament based on what they perceive to be a vote of confidence. If the government is really serious about fixed election dates it will define that. Otherwise, by saying that in fact we are going to have a fixed election date four years from now does not prohibit in the interim this government or any government in the future from calling an election based on a perceived vote of confidence.

That is the weakness I see in the bill. Neither the government House leader nor members of the government have been able to address that, which to me is window dressing and not dealing with the real issue. The real issue is how to prevent an election from happening either by accident or still by design by a government, which the member claims she does not support.

[Carol Skelton, Conservative, Saskatoon—Rosetown—Biggar, SK]

Mr. Speaker, as someone who was first elected to this place in 2000 and has undergone three election campaigns I think the bill is a huge step toward making a rational decision to help Canadians, to save money, and to put some common sense back into the whole issue of election dates. I think that common sense is having an election every four years and not on the whim and call of the Prime Minister. Non-confidence votes are always based on money bills and I think that is something opposition parties will have to look at.