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

September 19th, 2006 / 11:15 a.m.

Bloc

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

Mr. Speaker, from the outset, as the House leader of the Bloc Québécoisand the deputy leader said yesterday, the Bloc Québécois will support this bill in principle. However, we do have some comments.

This bill is like many bills that seek to improve how the federal system works. They sometimes add to our difficulties as sovereignist members in this place. Many of our constituents tell us when we meet with them that we are not here to improve the federal system.

I want to tell my fellow Quebeckers that the Bloc Québécois remains a resolutely sovereignist party. Until Quebeckers say yes to themselves, Quebec will work within a British parliamentary system. Incidentally, the same is true in the Quebec National Assembly. The British parliamentary system that is in force here means that sovereignist members represent Quebec, and until we achieve sovereignty, if improvements can be made to the way the parliamentary system works, we will make them. I wanted to make that clear so that the Bloc Québécois is not accused of improving how the system works and turning its back on sovereignty as an option.

With this bill on fixed election dates, Canada will join the ranks of countries that have adopted the same principle, countries with a clear democratic tradition such as Sweden, Finland, Norway, Switzerland, Luxembourg and the United States. In Canada, three provinces have passed legislation providing for fixed election dates: British Columbia, Newfoundland and Labrador, and Ontario.

In Quebec, this is nothing new. For decades, it has been customary to hold elections on fixed dates for what I would call lower levels of government. I cannot think of any other term for this, but I am referring to different levels of government, such as the municipal level. I want to be careful what I say, especially since we have in our ranks the member for Argenteuil—Papineau—Mirabel, the former president of the Union des municipalités du Québec. I would not want him to accuse me of implying that municipal elected officials are lower or inferior in any way, during the upcoming period of questions and comments.

Fortunately I have just had a stroke of genius and found with a synonym. I am talking about the municipal level as a different and very important level of government. I should know since, before being elected here, I was municipal councillor for Boischatel, in Côte-de-Beaupré where I live. I still live in Boischatel and I am a proud Boischatelois. I can tell you that working in a municipal government is not a prerequisite for working in the federal government or at the Quebec legislature. It is nonetheless an asset and I am proud of the years I spent at the municipal level.

In Quebec we already have fixed-date elections at the municipal level every four years. In the past two or three years, the Government of Quebec has harmonized these elections because there were still some municipalities that held their elections on different dates. Now in Quebec, municipal elections are held the first Sunday in November every four years. My memory fails me but I believe that our school boards in Quebec also have fixed-date elections.

This has been going on for decades, as I was saying. This has not hindered the accountability of the elected representatives or democracy in general.

We believe that the main advantage of this bill will be eliminating the prerogative of the party in power—I will go a bit further—the prerogative of the Prime Minister.

When Jean Chrétien was the Liberal leader and Prime Minister he used to say that it was his wife Aline who chose the election dates. This was done very privately. Mr. Chrétien, a dramatic man, told us the story somewhat like this: he would get up in the morning and be shaving in front of the bathroom mirror when suddenly Aline would appear and tell him not to arrange any more appointments, to go see the Governor General and ask that an election be called. It went a little something like that.

Apparently the prerogative of the party in power is a rather secretive decision.

Canada Elections ActGovernment Orders

September 19th, 2006 / 11:20 a.m.

Bloc

Réal Ménard Bloc Hochelaga, QC

Spousal.

Canada Elections ActGovernment Orders

September 19th, 2006 / 11:20 a.m.

Bloc

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

My colleague from Hochelaga is suggesting that it is a spousal decision. Nonetheless, it is a rather secretive decision and is more or less the Prime Minister's prerogative.

The leader of the government, the leader of the Conservative Party, the Prime Minister, probably remembers how former Prime Minister Chrétien legally exercised his prerogative and took advantage of whatever situation certain opposition parties were in.

I would remind the House of the facts. On March 15, 1997, the hon. member for Laurier—Sainte-Marie was elected leader of the Bloc Québécois. An election was held two and a half months later, on June 2, 1997, called by former Prime Minister Chrétien.

He repeated the same strategy in 2000. On July 8, 2000, the current Minister of Public Safety was elected leader of the Canadian Alliance, one of the many names of a party that changed names frequently, in search of its identity.

I recall from my law practice that requesting a name change is relatively easy and lucrative. That party often changed names. At that time, however, it was the Canadian Alliance. The current Minister of Public Safety was chosen to lead the party on July 8, 2000. Five months later, Prime Minister Chrétien called an election for November 27, 2000.

The leader of the Conservative Party, who is the current Prime Minister, was elected leader on March 20, 2004. The former Prime Minister, whose name I cannot mention since he is still the member for LaSalle—Émard for a few more weeks, called an election to be held on June 28, 2004, three months after the election of the Conservative Party leader. It was an opportunity for barely legal tricks aimed at furthering a possible division or realignment within a party that had just chosen a new leader.

We feel that this did not serve democracy, which is why we like the fact that this bill removes the for the party in power's prerogative to call an election whenever it would be most politically advantageous for that party.

An election will now be a sure thing, exactly as it is in the United States. If you would like to try a little exercise, ask any grade 6 class on what date the American election of 2092 will be held. They need only look at a calendar. Everyone knows that the election is held every four years. This removes the possibility of playing games or engaging in political manipulation.

This principle places all the parties on a more equal footing. The party in power no longer has an organizational advantage because only they know when the elections will take place. All parties democratically represented in the House, and even registered parties without parliamentarians, would be playing by the same rules. I believe there are 21 registered parties in Canada.

We also believe that this bill would make it easier for more people to participate in the electoral process, whether as supporters, election workers or even voters. The issue of motivation and advertising by the Chief Electoral Officer could create a certain buzz among voters, with the goal of increasing voter participation.

Over the past 20 years there has been a decline in voter turnout in Canada. I believe there was a slight increase of a few tenths of a point during the 2006 elections even though they were held on January 23. The strong trend over the past 20 years has been a decline in voter turnout. This is worrisome.

Our fellow citizens can be grouped into certain categories. There are citizens who have lost interest in public affairs and who no longer vote. Unfortunately, when we have gone door-to-door and regardless of whether or not an election campaign is underway—Bloc Québécois members have a reputation for being visible not just during election campaigns and, as the whip, I receive my colleagues' schedules and I can confirm that the 50 Bloc Québécois members are known to have a strong presence in their community—our fellow citizens have told us over the years that they will no longer vote. They feel it is useless and that it makes no difference if the government is Liberal or Conservative. They will no longer vote.

This is worrisome in a democracy. We must find ways of increasing voter turnout.

The result of having fixed election dates would be to enhance the effectiveness of the work done by parliamentarians, since committees would then have an opportunity to plan their work schedules better. Certainly some parliamentary work is done in this House of Commons, but we must also not forget the work done by the standing committees, the equivalent of parliamentary committees, sometimes called commissions, in Quebec. Here, they are standing committees. We have 26 of those committees, and they do fantastic work and deal with a huge work load, whether by approving bills on second reading or in the special studies they do. Unfortunately, people too often see only the work that is done here in the House.

Sometimes we have visitors. People sit in the galleries and are surprised to see that there are not more members in the House. What I tell them then, and I take this opportunity to tell the people who are watching us on television, is that you must not base your impressions solely on the number of people physically sitting here. If my memory serves me, there are 16 or 17 committees meeting on a Tuesday. Our members of Parliament, who are not blessed with the ability to be in two places at once, cannot be in the House and at a committee meeting. That does not mean that members are not working, even if they are not physically present in the House. Too often, people consider only the work done in the House of Commons.

If committees knew that elections would be held on fixed dates, they could organize their work accordingly and could avoid initiating an extensive study, knowing that elections would take place in seven months, and that it would demand a lot of work. Conversely, they could start work earlier on an extensive study, knowing that elections would take place in a year and a half or two years.

Another consequence of this bill is that when the time did come, the public would be in a better position to evaluate the track record of the party in power, the party chosen in the election campaign to form the government.

We would be in a position to use better judgment when exercising the right to vote. As well, knowing it would soon have to face the dangers of the polls, a government would be more inclined to make tough decisions, decisions that might be unpopular but that are necessary. A government could decide to go ahead, and, because there were fixed election dates, tell itself that the public would be able to judge its actions.

In addition, the opposition's approach to its work would change. Knowing that the government had a fixed term, the opposition would opt for different approaches and would contribute positively to the bills before the House. One of the roles of the opposition is to be the critic of the government.

The Bloc Québécois has taken on the responsibility of not acting simply as a critic for the joy of criticizing or the joy of saying that what the government is bringing in makes no sense. When we think that the government is bringing in things that that make no sense, we say so. However, when we think that the government is bringing in things that are serious or reasonable, that could be improved, we voice constructive criticism.

In my view, the softwood lumber agreement on which we are going to vote at 3:15 this afternoon is a good example. The Bloc Québécois still believes that a billion dollars are missing from the American trust fund. We consulted with working people in the regions. The leader of the Bloc Québécois and our critics for industry and international trade toured exhaustively in the regions. We consulted people in the pulp and paper industry. They tell us that this is not necessarily a good agreement but they want us to ratify it anyway.

From a purely partisan standpoint, we could vote against the agreement because it was signed by a Conservative international trade minister, who used to be a Liberal minister—but that is another story. But after consulting, we decided that we would support it. We are therefore providing constructive criticism, and this is why the Bloc Québécois still wants an assistance plan. In any case, though, that is not the purpose of my speech and questions could be raised about the relevance of what I am saying.

This principle would also make it easier for Elections Canada, the parties, and the candidates to plan for election campaigns and ultimately might well improve them and possibly reduce their cost. That is a major point.

I am currently vice-chair of the Standing Committee on Procedure and House Affairs. The Chief Electoral Officer, Mr. Kingsley, just testified before this committee. When we do our election post-mortems and ask all our caucus colleagues to tell us about problems with the implementation of the Elections Act, Mr. Kingsley or one of the members of his team always shows up with a notebook. They certainly do listen because after I speak in the House, I sometimes receive e-mails or telephone calls from them. They do not always agree, or they provide further clarification.

At the Standing Committee on Procedure and House Affairs, we are occasionally critical, and quite rightly so, of the Chief Electoral Officer and the Elections Canada team. Sometimes, however, in view of the short deadlines involved, we must bear in mind that the Chief Electoral Officer could have difficulty getting his election preparations quite right. I would think he would like fixed election dates because he would always know where he stood since he would be aware of the exact date of the next election, for example in 2009.

I have been signalled that I have only a minute left and will finish up as follows: in general, this bill will help to fix some contradictory situations that currently arise. We in the Bloc Québécois support the basic principle. If the bill passes and works well, who will be the ultimate winner? I think it will be democracy and also the respect that citizens have—citizens who decide through their vote who will represent them in the House of Commons.

The Bloc Québécois legitimately represents its constituents. Everyone in this House, regardless of whether or not they like the individual who was elected, must respect democracy and the persons chosen in a democratic election by the people of Quebec and Canada.

Canada Elections ActGovernment Orders

September 19th, 2006 / 11:40 a.m.

Liberal

Bryon Wilfert Liberal Richmond Hill, ON

Mr. Speaker, the hon. member mentions that he spent 12 years in municipal politics. He knows that the difference between fixed election dates in the municipal world and under this legislation is that the mayor, for example, cannot at his discretion decide to dissolve the council and call an election. If it is a fixed election date, it is a fixed election date both in terms of principle and in reality. Under this legislation, we would have a fixed election date, but still have the ability of government to have discretionary power to call an election any time it sees fit.

Would the member or his party be prepared to look at specific amendments to reduce that discretionary power, for example, only on money matters, money bills or the Speech from the Throne? A government could come along and say it promised 15 things in the last election and has deemed each and every one of those 15 as confidence matters. Therefore, notwithstanding that we have a fixed election date four years or three years from now, it is going to deem this a confidence matter and if it loses of course it would go to an election.

What type of amendments would the member's party be prepared to look at to deal with this issue which at the moment seems to be the great flaw in Bill C-16?

Canada Elections ActGovernment Orders

September 19th, 2006 / 11:40 a.m.

Bloc

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

Mr. Speaker, I mentioned my colleague from Argenteuil—Papineau—Mirabel, who was President of the Union des municipalités du Québec, but I forgot to mention my Liberal colleague for Toronto Centre, who is a former President of the Federation of Canadian Municipalities. I hope I did not commit a serious faux pas by forgetting to point out his presence, but I am sure that other Liberal members took care of that during the debate.

The member highlighted something that the Bloc Québécois has been giving a lot of thought to. I am not prepared to announce an amendment at this stage today. Let us remember that we are only talking about adopting the principle underlying the bill, and that it will be referred to the Standing Committee on Procedure and House Affairs, where we will study it thoroughly. However, the flaw that my Liberal colleague just pointed out is obvious. I am sure the issue would be resolved if there is an amendment, but if there is no amendment, we know that holding elections at fixed intervals would put additional pressure on any government that might try to ignore this.

We have to give this some thought. When the time comes, we will have the opportunity to state our position on any amendment put forward by my colleague or members of his party or even by members of my party. Nevertheless, I would reiterate that we want constructive opposition and that this bill, like most bills introduced in the House, has some room for improvement.

Canada Elections ActGovernment Orders

September 19th, 2006 / 11:40 a.m.

NDP

Dennis Bevington NDP Western Arctic, NT

Mr. Speaker, the issues that are raised by this bill and the direction it is going fundamentally speak to the nature of the political system we work in. This political system has been characterized in the last while by minority governments, by a call by people for proportional representation.

The bill purports to set out a timeframe which really is not binding on the Governor General or the government of the time, but really we are all elected to govern here and the bill needs to be taken in that context. There is room for amendment here, to look at how we can ensure that the will of the people, expressed through their elected representatives, has an opportunity to work within a fixed timeframe.

Would the member opposite look at amendments that could ensure that others in the House, in a fixed period, would have the opportunity to form government in the case of a confidence vote in the House?

Canada Elections ActGovernment Orders

September 19th, 2006 / 11:45 a.m.

Bloc

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

Mr. Speaker, the minority government situation changes things a bit.

Even in a majority government, if enough government members are absent, the government could lose the confidence of the House. It could happen, but it is unlikely. The problem remains, and we will have to pay particular attention to it. I think we still have time to come back with constructive ideas before the bill is passed.

Canada Elections ActGovernment Orders

September 19th, 2006 / 11:45 a.m.

Conservative

Laurie Hawn Conservative Edmonton Centre, AB

Mr. Speaker, I would like to thank my colleague for his speech.

I also appreciate his support for common sense legislation that Canadian taxpayers willingly support for the benefit of all Canadians.

This includes Canadians living in the lovely province of Quebec.

I also appreciated his clarification of his party's raison d'être and I would ask him this simple question. Given that he supports what the government and this Parliament are doing in this regard, would he take that word back to his constituents and his party's constituents in Quebec, that this Parliament and government are working in the area of democratic reform to the benefit of Quebeckers and all other Canadians?

Canada Elections ActGovernment Orders

September 19th, 2006 / 11:45 a.m.

Bloc

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

Mr. Speaker, the member should avoid dreaming in technicolor and come back down to earth. The member needs to keep his feet on the ground.

I should say something about weekends and the parliamentary recess. It must be said, and I do so as a non-partisan comment, that on Monday members of all parties did not return from a vacation that began June 22. We were not on vacation. We spent some time with our families because we are human beings and we do need a little rest. However, we continued to work in our respective ridings.

Fixed-date elections are not something that preoccupies the voters of Montmorency—Charlevoix—Haute-Côte-Nord on a daily basis. This summer, the people were talking about the government’s position on the war in Afghanistan, about their hopes that the Kyoto protocol would be respected and the Prime Minister’s position on the bombardment of south Lebanon and about many other subjects such as the higher price of gasoline. Those are the subjects that the voters are concerned about.

I do not need to say how good this Conservative government is in wanting to improve the democratic process by means of fixed-date elections. The government needs rather to be concerned with settling the most pressing problems. I believe it needs to increase its credibility because this summer the government’s credibility was at its lowest point.

Canada Elections ActGovernment Orders

September 19th, 2006 / 11:45 a.m.

NDP

Denise Savoie NDP Victoria, BC

Mr. Speaker, I thank my colleague for his remarks. As many members have already stated, a degree of cynicism has made its way into our Canadian democratic system. If I understand correctly, the purpose of this bill is to restore the confidence of Canadians and Quebeckers. However, I believe that Canadians are concerned about a party that is pledged to break up our Canadian federal parliamentary system. I put this question to the member: how does the Bloc propose to restore the confidence of those Quebeckers who see their future in a strong Quebec, but within Canada?

Canada Elections ActGovernment Orders

September 19th, 2006 / 11:50 a.m.

Bloc

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

Mr. Speaker, I believe my NDP colleague could have benefited from walking around the streets of our ridings and talking with some ordinary people during the NDP convention two weeks ago. She should have gone out of the Concorde hotel, the Quebec convention centre and the Hilton hotel.

There is a very strong desire in Quebec to manage our own affairs. We are saying that sovereignty will not be a vote against the people of British Columbia. We are going to say “Yes” to ourselves. According to the polls, between 48% and 52% of the population shares that view. What more can I say? The desire to manage your own affairs is not against anyone else; it is for yourself. It is exactly like a young couple that decides to live together. Do they ask permission from the butcher, the grocer or anyone else? They do not even ask permission of their parents. A young man may tell his mother that he loves her. She does his laundry and cleans his room, but he has decided to spread his wings and leave the nest. That is what freedom is.

Canada Elections ActGovernment Orders

September 19th, 2006 / 11:50 a.m.

Liberal

Michael Savage Liberal Dartmouth—Cole Harbour, NS

Mr. Speaker, I will be splitting my time with my honourable and active colleague from the Yukon.

I welcome the opportunity to speak to Bill C-16, legislation that seeks to amend the Canada Elections Act to bring in fixed election dates at the federal level in Canada. The bill provides, subject to an early dissolution of Parliament, that a general election must be held every four years.

The issue of fixed elections is embraced by many people as a way of addressing some of the perceived cynicism in our political system. Rightly or wrongly, people do believe that what happens here in Ottawa is often out of sync with ordinary Canadians. I think we could all think of circumstances. I will vote for the legislation at second reading so the committee can deliberate and make any changes, particularly as it relates to the issue of confidence and confidence votes.

I was not always a fan of fixed elections. In fact, I can recall when I was the president of the Liberal Party in Nova Scotia, my good friend and former leader, Danny Graham, upon becoming leader, proposed sweeping changes on how the government and the House of Assembly operated. He had a large number of democratic reforms about which he was very passionate, including fixed elections.

As party president at the time, I thought there were more important issues to be addressed and I was not at all enthralled with this idea but, as is usually the case when I look back on it, Danny was right. I have come to believe that fixed elections do have useful elements and are worthy of support. I think they are generally good for government. I think they are generally good for the public service. I think they are generally good for the media who have to cover and portray campaigns at their cost. And I think they are generally good for Canadians.

One of the primary arguments for fixed elections is to remove the unfair advantage that the government has in setting the election date. Does this take politics out of the election dates? I do not think it takes all of the politics out of election dates. It does mean that the government cannot determine in a majority situation that it will have an election early or even go for five years if it wishes. It does determine that the date will be held at a certain point in time, but it certainly will not take the politics out of fixing an election date, nor will it shorten election campaigns. In fact, looking south, I suspect that it will make election campaigns much longer. People are already preparing for the 2008 presidential elections and for senatorial elections two or even three years down the road as well.

However, this fixed election date will mean that a prime minister would no longer have the opportunity to call an election when it is thought to be to her or his advantage. In Nova Scotia, we had a case in the 1980s. Premier and then Senator Buchanan was elected in 1978. He called an election in 1981 and another one in 1984. It was similar to what we had at the federal level through the 1990s.

Fixed elections might also level the playing field for all participants by providing certainty for candidates who are seeking to become members of Parliament. I think that is important.

I recall that when I was seeking election, there were a lot of decisions to be made. There is a lot of planning with one's family and with one's business if one happens to be a business person. There is an awful lot of work that has to be done around identifying when one is going to make the announcement.

In the case of people who may be in business, or partners in business, a position similar to my own, can one in fact be a nominated candidate for a year or perhaps even two years not knowing when the election might be? I think that is worthwhile considering.

We all know the risk involved in running for office. We set aside our lives to run in the hopes of winning. Many who have jobs without protection must, in a relatively short period of time, make significant changes in their lives to run for office, so I think fixed elections will allow individuals the opportunity to plan effectively to run for public office.

Those are positive elements and, as I say, I look forward to supporting the legislation and bringing it to committee. It is my hope that when it comes back I can vote for it again.

There are, however, some questions that I think need to be addressed, not the least of which is the issue of what constitutes confidence and what parameters might exist that would not allow a government the opportunity to circumvent the legislation for its electoral advantage.

For example, we would want to avoid any situation whereby an election is called, or orchestrating an election, let us say hypothetically next spring or even this fall, perhaps after the introduction of a budget before it has been debated, or triggering an election before bad news arrives. For example, maybe the government has some indication of pending release of documents suggesting there might be some ill-conceived action that has taken place.

I think we need clarity as to what constitutes confidence and what parameters would exist in that regard. Could the softwood lumber vote today be an issue of confidence? Could the gun registry vote be an issue of confidence? I think these are some important constitutional issues that need to be addressed.

Our Constitution does not contain many provisions regarding elections. Section 50 tells us that the House of Commons shall continue for up to five years. Section 4 of the Canadian Charter of Rights and Freedoms suggests that:

No House of Commons and no legislative assembly shall continue for longer than five years from the date fixed for the return of the writs of a general election of its members.

In any event, I will support this bill in the initial stages, and I hope in the later stages, in the hope that the committee will spend as much time as possible in ensuring the bill makes sense and answers some of the questions proposed here and yesterday in debate in this House.

I must address another issue tied into public confidence, and occasionally public cynicism, about what happens here and how we conduct ourselves in Parliament.

Perhaps the real issue is not who calls an election or when, but how parliamentarians treat each other and the institutions of Parliament, such as, for example, question period. Question period is the time when most Canadians see us in the House of Commons. Debate clips do not usually get on TV, but question period does. During this 45 minute period, accusations are made, although the accusations seem to me to be more reasonable this year than last year, and reputations are sometimes ruined. We see false outrage and packaged answers. We wonder why people might think their elected representatives do not connect sometimes.

So is the issue of cynicism in politics solved by the introduction of fixed elections or by an overhaul of how we treat each other in this chamber? Why is it that colleagues from all sides can speak well to each other outside the chamber and enjoy a drink or dinner together, but when the cameras are on we cannot resist the temptation to replace debate with feigned outrage?

It is one thing to reform our election process, and I support that, but I hope all members would also reflect on issues related to our level of discourse in this chamber. I do not suggest that there are any angels among us. We all share that responsibility. We should all do better.

Nonetheless, I will support this bill, and I hope to support it when it comes back. We need more certainty about what constitutes confidence, about what determines when an election is called. The advantage of this bill for Canadians is that it would provide some certainty. It is important that we define certainty before we pass this bill. I will support it going to committee. I hope some changes are made. I hope very much to support it when it comes back.

Canada Elections ActGovernment Orders

September 19th, 2006 / noon

Liberal

Paul Szabo Liberal Mississauga South, ON

Mr. Speaker, in his intervention the hon. member brings to the House some of the historical relevance of what has happened in other governments. The member will know that clause 1 of the bill basically says that nothing in the bill will affect the responsibilities under the Constitution of the Governor General, commonly referred to as the royal prerogative.

For the clarification of the House and for Canadians, maybe the member would care to comment on whether, if the bill were in place, it would necessarily mean that we would have elections every fourth year. Or would the bill provide the flexibility and latitude that in certain circumstances the Governor General may call for an election and dissolve Parliament because of other circumstances such as, for instance, the death of a prime minister or war or insurrection?

Canada Elections ActGovernment Orders

September 19th, 2006 / noon

Liberal

Michael Savage Liberal Dartmouth—Cole Harbour, NS

Mr. Speaker, I do not want to suggest that there is any slim chance the next election may not be in October of 2009, but I do think the member raises a good point. I would be the last person to ever engage in either parliamentary questions or issues of the Constitution with the member for Mississauga South, but the concern of course is that, yes, the way the bill is written, there is still every opportunity that the government could force an early election if it felt that was to its advantage.

Whereas this bill is singularly about fixing an election date, I think the prime result of this bill is that Canadians should know when the next election would be, barring a loss of confidence and what would constitute confidence in the House of Commons. The first section of the bill clearly does say:

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

There are a lot of questions that need to be hammered out at the committee level in the sense of trying to come up with a bill that we could all support when it comes back to the House, a bill that would actually provide what it says it is going to provide, which is certainty around the timing of elections.

Canada Elections ActGovernment Orders

September 19th, 2006 / noon

Liberal

Anthony Rota Liberal Nipissing—Timiskaming, ON

Mr. Speaker, I asked the question earlier about a concern that I truly have. I can see the issue being a real problem down the road.

I would like the hon. member sitting next to me to comment on a couple of things. One would be on priorities. The other is that the provincial elections in Ontario have been set for a certain date as have municipal elections. We know exactly when they are going to happen.

My concern is that if a minority government all of a sudden falls just before a municipal or a provincial election, two elections would happen at the same time. This would cause a lot of confusion. I do not see anything in the bill that would prevent this. There is a clause that allows for three days' movement, but that does not make any change to a whole election campaign.

Would the member be open to discussing an amendment that would allow that to be changed? I am not sure exactly what the parameters are. I have identified a weakness in it. Unfortunately, I do not have a solution.

I like fixed election dates; I think they are a good idea. However, I am really concerned that if there is an election at the same time as a municipal or provincial election and they are both held at the same time in perpetuity every four years, it would cause real problems not only for the parties, but also for the voters. It would be very confusing.

The other question I have is on priorities. There were five priorities and now it is down to four. Where does this come as a priority? It does not seem to be terribly high on the list. I never saw it before. All of a sudden it is a priority. It is the first item that we are talking about. Could you comment on that please?