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.

The House proceeded to the consideration of the amendment made by the Senate to Bill C-16, An Act to amend the Canada Elections Act.

Canada Elections ActGovernment Orders

April 23rd, 2007 / noon

York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons and Minister for Democratic Reform

moved:

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.

Mr. Speaker, it is with more than a little frustration that I rise today to debate an amendment to Bill C-16. Let me be clear from the outset, the government supports, in fact initiated Bill C-16 for fixed date elections, but the government opposes the amendment made by the Senate to Bill C-16. It is unnecessary and it weakens the original legislation.

For more than a century, people from all over the world have looked to Canada as a model of freedom and responsible government. In fact, members of my own family took refuge here after fleeing repression.

They were seeking freedom, hope and opportunity. They were attracted by a country where they had a say, where political leaders were accountable to them and where government was responsive, effective and stable.

Just as John Diefenbaker said more than six decades ago, for those people, and for all Canadians, “Parliament is more than procedure; it is the custodian of the nation's freedom”.

In Canada our government has its roots in the British parliamentary system. In our short history we have adapted those ancient traditions to make them more relevant to the Canadian experience. We have made reasonable incremental changes that make government better for Canadians.

As Nova Scotia prepares for 250th anniversary celebrations of Canada's first democracy next year, many of us reflect on the impact that responsible government has had on our country. It was a step forward in making government more accountable, fairer and more democratic.

Over the years, our system has been modified to ensure that the government is listening to the people it serves. Bill C-16 represents only the most recent changes. It aims to strengthen our democracy by improving responsibility, transparency and equity.

It establishes fixed dates for elections every four years on the third Monday in October. Fixed dates take the guesswork out of the electoral process and level the playing field for the Chief Electoral Officer, for political parties and, more important, for voters.

Our government does not believe that the governing party should be permitted to time an election to exploit conditions favourable to its re-election. Bill C-16 would put an end to governance according to poll results. It would prevent snap elections such as those called by Jean Chrétien in 1997 and 2000, which predictably resulted in record low turnouts. In both cases the vote was seen to have been called for the sole purpose of capitalizing on political circumstance on a calculation of partisan interest.

Bill C-16 would eliminate situations where decisions on election timing would be based on best interests of a political party rather than the best interests of Canadians. The bill would empower governments and parliamentary committees to set out their agenda well in advance with certainty.

All the parties agree that, above all, elections belong to the people. We believe that by getting more Canadians to participate in the election process, Bill C-16 will make it possible to strengthen our democracy.

Passage of this legislation will allow citizens to plan to participate in their nation's electoral process. That participation is the bedrock upon which our democracy is built.

Bill C-16 was passed in the House of Commons without amendments. It was debated very thoroughly in the House of Commons and also in the committee on procedure and house affairs. It was passed in the House of Commons and was sent to the Senate where it was examined in detail by the Senate's committee on legal and constitutional affairs. After a detailed period of scrutiny and a detailed process, that committee supported the passage of the bill without any amendments.

Various expert witnesses have appeared before the Standing Committee on Procedure and House Affairs and the Senate Committee on Legal and Constitutional Affairs. These two committees have extensively examined the bill.

No party in the House of Commons suggested an amendment to this legislation. Neither the House committee nor the Senate committee felt it was necessary to amend Bill C-16. Therefore, it is somewhat surprising that at the very last minute an amendment was passed which has never been subject to any detailed scrutiny.

One has to wonder why the amendment was never presented for debate in committee. Perhaps there, reasoned examination would have pointed out the obvious flaws. The Leader of the Opposition supported Bill C-16 without amendment, yet he was not able to persuade Liberal senators to follow suit. He could not get that job done either.

I will turn my attention to the proposed amendment.

The proposed amendment to Bill C-16 would change the existing provision of the bill that would allow the Chief Electoral Officer to recommend a change to the polling day in the event of a conflict such as a provincial election or a day of cultural or religious significance.

This existing provision would allow the Chief Electoral Officer to recommend to the governor in council that the polling day be either the following day or a week later.

The proposed amendment would alter the bill so that it would explicitly allow the Chief Electoral Officer to recommend a change in the polling day in the event of a federal, provincial or municipal referendum. It is my contention that the proposed amendment weakens the original intent of the bill, the bill that was endorsed by all parties in the House of Commons.

Instead of safeguarding election dates for manipulation, the amendment would make it easier for governing parties to manipulate election dates. If the amendment were to be adopted, it would open the door to a prime minister putting off a scheduled election by calling a referendum on the same day. With the amendment, a national election would be cancelled because of a municipal referendum. I find it difficult to imagine any situation where a municipal referendum would be so important that it would result in a date of a federal election being cancelled, but the statute would provide for exactly that to happen.

We on this side of the House do not believe democracy or accountability in government is strengthened or enhanced in any way when a referendum to build a hockey arena in small town Ontario could cancel the date of a national election. The original legislation was drafted with enough flexibility to avoid conflicts in a limited variety of situations, but that should be as limited as possible. The amendment to which we object expands, not limits, the potential for fixed dates to be altered.

Under Bill C-16, neither the prime minister of the day nor the mayor of a small town could change the fixed election date.

In short, the amendment is unnecessary. The original bill has built in flexibility for the Chief Electoral Officer to adjust an election date in the event of a legitimate conflict.

Second, we believe the Liberal amendment weakens the original legislation by making the date of elections more vulnerable to manipulation, not surprising from a party that engaged in this kind of manipulation so regularly in the past.

Today I urge all members of the legislature to join with the government to oppose this unnecessary amendment and to oppose it in short order. Let us send the Senate a message. Let us tell senators that pointless amendments to important legislation are not acceptable to the House or to the Canadian people.

Had the amendment not been sloppily attached by the Senate at the very last possible moment, fixed dates for elections would be the law right now. Unfortunately, the unelected Liberal Senate and its continuing campaign against democratic reform blocked it. Consider the irony. The elected House of Commons passes a bill to fix dates for elections. Then an unelected Liberal dominated Senate passed an amendment to water down the law, without even committee consideration of that amendment, and, by doing so, prevented the democratic reform bill from becoming law.

The Senate telling members of the House of Commons how elections should work is an irony. Let us urge it to reconsider its amendment quickly so Bill C-16 could be in place in time for the next federal election.

As I said, Bill C-16 was passed in the House of Commons without amendments. The Standing Senate Committee on Legal and Constitutional Affairs also supported passing this legislation without amendments.

It has undergone heavy scrutiny and has been found to be acceptable, but today we have been asked to consider an amendment that has not been examined in any detail. We are being asked to debate a frivolous amendment that is designed to frustrate the government's agenda of democratic reform. An amendment of this sort feeds public cynicism and erodes the accountability that Bill C-16 seeks to foster in government.

The kind of procedural manoeuvring being employed by the Senate to hold up the passage of Bill C-16 brings to mind the game playing that has left Bill S-4, the bill for Senate term limits, languishing in that place for an unbelievable 328 days so far.

Bill S-4 is legislation that proposes to limit Senate terms to eight years. It was sent to the Senate for consideration on May 30, 2006. That is when it was introduced there.

Last spring, the Special Senate Committee on Senate Reform examined Bill S-4. That committee held extensive hearings on the matter.

In October of last year it reported its findings, which supported the government's incremental approach to Senate reform. Despite that endorsement, Bill S-4 is now the subject of a second round of hearings by a Senate standing committee, a committee that is duplicating the efforts of the earlier special committee.

The Leader of the Opposition said he supports the proposal for Senate term limits. He said he hopes Bill S-4 will pass. Yet, he cannot convince Liberal senators to follow suit.

Once again, the Leader of the Opposition cannot get the job done.

Just as I did last week, I will use this opportunity to once again ask the members of the official opposition to urge their colleagues in the Senate to put an end to this game playing, stop thwarting constructive change and get on with the job Canadians want and expect them to do.

Bill C-16 represents an important step in the modernization of our political process. It is a reasonable step that would make government more accountable and more transparent. For these reasons, it should be passed without amendment.

The government opposes the Senate amendment and urges all members of the House to advise the Senate that Bill C-16 should be restored.

Canada Elections ActGovernment Orders

April 23rd, 2007 / 12:15 p.m.

Liberal

Stephen Owen Liberal Vancouver Quadra, BC

Mr. Speaker, I listened very attentively to the government House leader's speech. One of the themes of his speech was delay. The irony of the opposition to this very minor amendment from the Senate is that the government House leader and his party are actually delaying the passage of the bill. Simply by accepting this minor procedural amendment, it could go to the Governor General this evening. It does not have to go back to the Senate.

By opposing the amendment, the government is deliberately delaying the passage of Bill C-16, its own legislation, which all parties accepted and supported, by sending it back to the Senate. It is inconceivable to me that this could be presented by the government House leader unless it is a deliberate stalling tactic. Those members do not want to see fixed election dates until they know whether they want to go to the Governor General and have a dissolution outside of a non-confidence vote. They could do that anyway under Bill C-16, but it would be inconceivable for the Governor General to accept, short of a national emergency, a request for dissolution within Bill C-16 if there were a no confidence vote. The government is trying to keep its options open.

Is the government House leader sincere in wanting to get Bill C-16 through, or is this really a stalling tactic to keep his options open?

Canada Elections ActGovernment Orders

April 23rd, 2007 / 12:15 p.m.

Conservative

Peter Van Loan Conservative York—Simcoe, ON

Mr. Speaker, I can understand why members of the Liberal Party are anxious to avoid an early election at any cost and why they fear there are conspiracy theories out there as reasons why this would be happening. I know the member for Vancouver Quadra is not looking to avoid an election in that way because he is planning on retiring from the House after many years of good service, but his colleagues fear meeting the voters one more time. Perhaps that is why they are anxious to see this happen quickly.

However, as I pointed out earlier, the bill could have been law right now had the Senate passed it without inserting this objectionable amendment. Members need to think about how this amendment was inserted. The bill was there for just about half a year and over that time the amendment was never discussed or put forward in committee. The Senate dealt with the bill at committee where it was approved as it existed coming from the House. It was only on the very last day, at the very last minute, that the amendment was proposed at third reading and was attached to the bill.

If the member wants to know who was playing games, it is pretty clear where the games were being played. They were being played in the Senate where the amendment was attached at the very last minute.

That is not acceptable to us. We have made it clear why the change is unacceptable. Had the amendment been proposed at committee, there would have been an opportunity for it to be examined there, but the Senate did not do that. It was attached right at the end.

If the Liberals are concerned that it has not become law yet, they need only look at their friends in the Liberal dominated Senate, who chose to keep the bill from becoming law by attaching the amendment. They chose to water down the bill with the amendment, and that is the most significant part. It creates more opportunities for fixed date elections to be cancelled. It creates more opportunity for manipulation and uncertainty in our system. That is exactly what Bill C-16 was seeking to prevent.

By telling the Senate that we want it to restore the original intent of the bill, that fixed date elections will indeed be fixed date elections, we would be strengthening our democracy in a very positive way.

Canada Elections ActGovernment Orders

April 23rd, 2007 / 12:20 p.m.

NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Speaker, at our end of the House we are rather perplexed on two different levels.

First of all, there is the obvious irony of having the Senate interfere in and make comment about our election system in this country, with the unelected, undemocratic senators actually butting their noses in and interfering with the way the nation chooses to run its elections.

Having said that, we are also somewhat confused that the ruling party seems bound and determined today to sabotage and undermine its own initiative, its own bill, something it committed to Canadians.

I would remind my colleague, the government House leader, that one of the best features of a minority Parliament is that the ruling party of the day has to take into consideration input from other sources. It has to accommodate the reasonable concerns of the other parties. In this case, the Conservatives are outnumbered by I believe three to one.

The opposition parties all believe that this is a reasonable amendment from the Senate. Notwithstanding the irony of having the Senate butt its nose into the way we elect people, there is some merit to what it is putting forward today.

Rather than hurling stones at others for sabotaging and undermining this bill, the government is giving us the spectre of the government itself sabotaging its own initiative. To what end? Selfish political advantage. The Conservatives want the ability to be able to call an election without being exposed as frauds in terms of a commitment to fixed election dates.

Canada Elections ActGovernment Orders

April 23rd, 2007 / 12:20 p.m.

Conservative

Peter Van Loan Conservative York—Simcoe, ON

Mr. Speaker, what we are doing, of course, is seeking to restore, defend and strengthen the integrity of the bill. We seek to keep it in its original form and avoid its watering down. Quite clearly, the effort to undermine this has come from the Senate.

My friend from Winnipeg Centre has said that in a minority Parliament the government should accommodate the other parties. I remind him that in this House of Commons and in this chamber all parties supported this bill in its original form. The amendment did not come from anyone in this chamber. It did not come from anyone in the minority Parliament. As he observed, the amendment came from people in an unelected Senate.

Let us think of the irony. Everyone who was elected, every single member of this House of Commons, everyone who has to face the voters in an election, supported the bill in its original form. The Senate is the only place where people thought it should be changed. The only people who thought they had some opinions on how elections should be run, opinions that were different from those of everybody in this chamber, were the people who never face elections, the senators. Let us think of that. That is what is called chutzpah. That is some nerve.

If the senators were actually proposing that they should have fixed date elections, I could understand this amendment being introduced, but I did not see them proposing any amendments that there should be elections and that this bill should apply to the Senate. I did not see them proposing that there should even be fixed terms or fixed dates for senators. They seem to be resisting that in dragging it out so far. No, the only thing the senators are willing to do is tell people in the House how they should run elections.

To me, that is the height of irony. I think it tells us what one of the problems is in the Senate right now, and it tells us why we need to reform the Senate and why we need to continue this program of democratic reform and accountability to have fixed terms for senators. Also, we have Bill C-43, and if the other parties support the bill, then maybe we even will have an opportunity for some of this legislation to apply to senators one day and have them elected.

Canada Elections ActGovernment Orders

April 23rd, 2007 / 12:20 p.m.

Liberal

Sukh Dhaliwal Liberal Newton—North Delta, BC

Mr. Speaker, I listened to the hon. government House leader and heard him say that he is not willing to accept a suggestion from the senators. When we look at it, he probably is more aware of this than I am because he has more experience in Parliament, but when bills are brought in and witnesses come before a committee, they are non-elected people and we take advice from those citizens.

I listened to the member for Winnipeg Centre. It makes total sense. If someone puts forward a good suggestion we parliamentarians should respect it. This is a very minor adjustment to the government's own bill. I think the government should accept it and should support the other parties and make this law today.

Canada Elections ActGovernment Orders

April 23rd, 2007 / 12:25 p.m.

Conservative

Peter Van Loan Conservative York—Simcoe, ON

Mr. Speaker, I am glad the member for Newton—North Delta brought up the committee, the hearings at the committee, and the witnesses they heard from, because guess what? After committee members heard witnesses at the procedure and House Affairs committee of the House of Commons, they did not introduce that amendment. They kept the bill the way it was. As well, after the Senate committee members heard witnesses on how they thought the bill should work, they kept the bill the way it was.

It was not a suggestion from witnesses at one of the committees or a decision of one of the committees that led to this change. It was from one senator who thought he would raise it third reading, at the eleventh hour, as another way to stall this bill and to stall any form of democratic reform. That is the real Liberal Party agenda.

Canada Elections ActGovernment Orders

April 23rd, 2007 / 12:25 p.m.

Liberal

Stephen Owen Liberal Vancouver Quadra, BC

Mr. Speaker, let me say at the outset that the official opposition in the House of Commons supports Bill C-16. When it was before this House earlier, we supported it wholeheartedly and spoke energetically in favour of it.

Repeatedly the House leader of the government speaks of irony. In fact, I think the walls of this extraordinary chamber are dripping with irony after his speech. However, he speaks of irony in the sense of delay, and of course the delay is on the part of the government on this unnecessary challenge of that minor amendment today.

Let me look at the other initiatives around delay. The House leader speaks of Bill C-43 and the delay there, but we started that last week. The government waited four months after tabling Bill C-43, the election through consultation of senators, to bring it forward. Why not four months ago?

He talked about Bill S-4, the bill on fixed terms for senators, and the fact that it has been held up in the Senate for over a year. This has not been held up in the Senate because of Bill S-4, because there is agreement on that. What there is not agreement on is that we should have the election of senators through consultation with the provinces, or whatever, before we redistribute the seats of the Senate fairly across this country.

How can any member of this House, and particularly of the government, support Bill S-4 without first supporting the other Senate motion to redistribute seats so there is less of the imbalance that so thoroughly disfavours Alberta and British Columbia at this time? I have colleagues in the government side from Alberta and British Columbia. It is inconceivable to me that they would think of altering in any way the status, the mandate, the credibility or the validation of the Senate without first sorting out that extremely unfair distribution for western Canada. This is where we are on that.

On Bill C-16, it is doublespeak, it is Orwellian, to hear the government House leader speak today about the Liberal side or Liberal senators delaying it. Good heavens, we could have had this passed before the Easter recess. We offered to rush it right through, get it to the Governor General and make it law before we left, but no, some bogus concept of this minor amendment as somehow frustrating the will of Parliament, the will of this House, was thrown up as a delaying tactic.

My goodness, the Conservatives refer to a referendum, as if a referendum called in some small municipality somewhere in this country would be allowed to dislodge the fixed election date. What we have to remember is that this would be with the discretion of the Chief Electoral Officer, an officer of Parliament, in one of the most respected senior offices in this country and one of the offices most critical to the fair operation of our democratic process. It is nonsense to expect that this person at his or her discretion would knock off a federal date that had been set for four years in advance because of some local referendum. It is just nonsense. It would not happen and it could not happen. Therefore, that is no reason to slow this down.

The government House leader speaks of disrespect or whatever in the other place where they would dare make a minor amendment to a House bill that has gone through this process and was supported by all parties. The Senate, whatever one thinks about elected or non-elected legislative chambers at this stage in our democracy, exists as part of our democratic machinery. We all have some firm minds about that, I think, including in the Senate, in terms of having some election process for senators. However, the Senate exists as part of our democratic machinery. It has a very specific purpose, which of course is to bring second sober thought to what is thoughtfully determined in this House. When it finds some area where it feels a bill can be made better, the Senate has the perfect right and the democratic responsibility to suggest an amendment, which is what has been done in this case.

I can recall the process last fall when Bill C-2, the Federal Accountability Act, passed through the House after several months of debate in committee and in the House. It then went to the Senate and we heard wailing and complaining from the government side that the Senate somehow was wasting everybody's time with this critical piece of legislation by not simply rubber-stamping it.

I think we all know now what happened in the Senate. There were over 100 amendments because it was a sloppy bill. There was no time as it was rushed through the process in the House. The Senate exercised its responsibilities properly by carefully looking at that massive, complex piece of legislation involving dozens of other statutes that needed to be amended as a consequence of it. The Senate came up with sensible, helpful arrangements and amendments that the House then of course accepted. That was not delay. That was the Senate doing its work in our democratic framework of institutions.

I will go back to this issue of electing, through consulting provincial bodies during provincial elections, for the appointment of senators into vacancies that happen in any one of those jurisdictions. I simply will say that this is a good piece. Let us get that moving. Why did we wait four months? Why have we waited a year without some serious consequence and a discussion of redistribution?

Let me just turn, then, to Bill C-16 itself, because this is a completely appropriate piece of legislation. It was supported in this House. Adding a final little fail-safe in case there could be a problem through a referendum process is just good sense. The Senate has suggested that, which is what we are debating here today. We are in favour of that and therefore are opposed to the government's motion.

In regard to Bill C-16 itself and fixed election dates, we know, and the House debates on Bill C-16 I think made it very clear through speeches on behalf of all parties, that this is a sensible further step in the democratic reform of Canada. It was made very clear that the overwhelming number of democracies in the world have fixed election dates and that there is a range of advantages to fixed election dates, including that it gives some predictability to government business.

Therefore, the government can put forward legislation and have the effective administration of legislation, with a timetable, knowing that it will not be dislodged short of a non-confidence vote or a national emergency. Therefore, the business of the government and the people of Canada can be done more efficiently. It can also be done more efficiently in terms of cost. Having an electoral commission and electoral office idling full time to be ready for an election that could come at any day is not an efficient use of resources.

This is also effective in terms of voter turnout, which is perhaps one of the most critical issues of fixed election dates, something with which I think all members and all parties of this House have been in agreement. For people who are first time voters, be they students, new Canadians or seniors, we can have civics classes in schools, universities and communities to ensure that people are fully engaged in the electoral discussion of the various policies being put forward in the election by various parties. That could enhance interest and voter turnout, which of course leads to a healthier democracy.

Of course in a country such as Canada it is also immensely important to have a fixed date that avoids inclement weather. The last election in this country was held in winter. Sadly, we saw a continued reduction in voter turnout and of course, unless one has the very good fortune to live in Vancouver as I do, winter weather can be very disruptive to voter turnout. That is very important. We also want to avoid the summer holiday breaks, which we can by having a fixed election date in the early fall or late spring, in order to increase voter turnout.

For all of these reasons, it is good sound public policy and we all support it, so good heavens, let us get on with it. Let us not delay this any further. The concept of a referendum in a small community is so inconceivable as to be insignificant. It should not slow down the passage of this legislation. With the support of members of the House today, and with the vote tomorrow, I believe, or whenever we are going to vote on this, we could have this as the law of Canada and as real democratic reform and we could have it immediately.

I just suggest that it is a test to the sincerity of every member of the House in terms of the need for this reform, that we not be distracted by a small amendment. It is the result of the Senate doing its job of carefully looking to see if it could possibly be improved, which to the credit of the House, could only be improved by a tiny amendment of really no consequence at all.

I speak in opposition to rejecting this amendment and in full support of moving ahead quickly in the House right now, so that it can go on to the Governor General and become law as soon as possible.

Canada Elections ActGovernment Orders

April 23rd, 2007 / 12:35 p.m.

Regina—Lumsden—Lake Centre Saskatchewan

Conservative

Tom Lukiwski ConservativeParliamentary Secretary to the Leader of the Government in the House of Commons and Minister for Democratic Reform

Mr. Speaker, I listened with interest to my hon. colleague's comments and I must say, for the record and as I have said privately to the hon. member for Vancouver Quadra, I wish him well in his future plans. I know he is not seeking re-election. I think that it is a shame, quite frankly. I think the member for Vancouver Quadra has brought much distinction to the House and he is the type of parliamentarian, regardless of partisanship, that all Canadians respect and deserve.

He has represented his riding well and I wish him much success in all his future endeavours. I wish frankly he was coming back to this institution. He brings with him great credit, and a lot of experience and expertise, but since that is not going to happen, congratulations for all of the work he has done on behalf of both his party and members of the committee on which he served so admirably. I had the distinction of sitting with him on one of those committee.

However, as much as I admire and respect the hon. member for Vancouver Quadra, I must say that I fundamentally disagree with the premise that he is advancing, that this is a minor technical amendment because it is no such thing.

The amendment clearly states that if there is a referendum, either at the municipal, provincial or federal level, the date of the federal election could be changed, as the hon. government House leader indicated in his presentation. There could be a referendum in a small community in northern Saskatchewan or northern Ontario, say 450 people or 500 people holding a referendum on a hockey arena. A decision could be made because of this amendment that a federal election be cancelled, delayed or put off to a date not originally recommended.

I think that is not a minor technical change. I think that is a fundamental and significant change. If it is as minor a change as he suggests, what difficulty would he or any opposition member have in just removing the amendment and going back to the original bill which the member supported? If it is that minor in nature, what difficulty would that member have in removing it all together? Should he do that as the government House leader indicated, then it would become law and very quickly.

Canada Elections ActGovernment Orders

April 23rd, 2007 / 12:35 p.m.

Liberal

Stephen Owen Liberal Vancouver Quadra, BC

Mr. Speaker, I thank my hon. colleague for his very kind remarks. In fact, I was on the verge of reconsidering my decision not to run again until he got to the word “however”.

The hon. member raises good points. The key to this issue is getting the legislation passed at the earliest possible moment. It just seems to me that the reality of a referendum being called over a relatively minor issue in a municipality, provincially or federally, would not affect Canadians broadly. It is just inconceivable in that situation that the Chief Electoral Officer, one of the most important offices in our democratic set of institutions, would delay a federal election for a municipal referendum.

We ask, why have it there? There may be some, and this is what the senators are suggesting it determine, unforseeable situation where it was important to adjust it. I think frankly that it is much more likely that if there was any conflict in dates because of a municipal or provincial referendum, or even a federal referendum, it would be done perhaps consciously in order to make the whole process more efficient. In this manner people could come out and vote on two things at the same time, which may in fact save costs and enhance voter turnout. So, there may be something very valuable in this that suggests that it would not be used lightly nor would the discretion of the Chief Electoral Officer be exercised in anything but the most serious way in the public interest.

Canada Elections ActGovernment Orders

April 23rd, 2007 / 12:40 p.m.

Liberal

Larry Bagnell Liberal Yukon, YT

Mr. Speaker, I too would like to congratulate the member of the government in his upcoming retirement. I agree wholeheartedly with exactly what was said, that he is a tremendous asset to the House and brings all sorts of experience, decorum and benefit to the House. We will certainly sorely miss him and hopefully he will be a reference to us as needed.

I am disappointed with the government not in the substantive amendment but in three process issues and I would like to ask the member if he is also disappointed.

One is that it seems to believe in fixed election dates and now is stalling its own bill. I find that disappointing.

Second and more important is that the government House leader suggested that there were no problems with this bill when it came to the House. I commend to the House leader that if he is going to make such untrue statements, he should read Hansard to see what members have said. There was not a unanimous love-in about this bill.

As we know, there are people who have some problems with the entire concept. Those were outlined during the debate. I certainly had some problems with the concept and outlined them. The critic knows that I went to him a number of times with a very strong concern about this bill. The very first year this bill goes into effect it is going to cause an election about three days after the municipal election in Yukon. I have a number of concerns with it.

It is really not fair for the government House leader to get up and say that everyone approved it and there were no problems. He really should listen to the debate and treat those comments fairly.

Finally, we should not be dismissive of the Chief Electoral Officer. This suggestion came from the experts. I would think the government would want to listen to the experts, the people who are objectively tasked with implementing this process and have great respect for Canadians. They are non-partisan, objective and separate, and made a recommendation that we should take seriously and should not be so dismissive of it.

I would like to ask the critic if he agrees with me on those three points.

Canada Elections ActGovernment Orders

April 23rd, 2007 / 12:40 p.m.

Liberal

Stephen Owen Liberal Vancouver Quadra, BC

Mr. Speaker, to address the procedural issue and awareness of what happens in the process in the House when legislation is brought forward for debate, goes to committee and comes back, the member is absolutely right. There are very few issues where there is unanimity within a party, certainly not across the aisles here, but that is what is healthy about the debate.

That is why the Senate actually exists, this second sober thought. The way the convention of the role of this legislative body and the Senate has come to work out the fact that as our democracy progresses, it is not an elected legislative body, but does have a very special role to give extra thought.

Even before it gets there, of course, we have many differences of opinion within and among parties in the House and that is the richness of our democracy. We all learn as we go through that legislative process of debate. We have to be very slow to criticize new ideas or differences of opinion, even if they are only slight changes to the general flow of the intent of the House and then as it is considered in the other place.

Canada Elections ActGovernment Orders

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

Conservative

Gerald Keddy Conservative South Shore—St. Margaret's, NS

Mr. Speaker, listening to the debate it is no surprise to me that the Liberal members opposite want to amend and change the bill because they do not want four year terms. That is the bottom line.

They look for any advantage they can find to allow government to control the election. They think that if they get back into power, it would be advantageous to them. That is the bottom line here.

The real issue is that as the bill is amended, the government can regulate when the election is held because it will simply have a referendum. Why not have a referendum on any number of issues? Then the election will be put off. That is unfair.

The point is that the bill has been sent to the Senate calling for four year terms. Canadians from coast to coast to coast would understand clearly that when an election day is held, four years hence there will be another one. What is complicated about that and why can the Liberals not agree to four year terms?

Canada Elections ActGovernment Orders

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

Liberal

Stephen Owen Liberal Vancouver Quadra, BC

Mr. Speaker, the concept that is presented by the hon. member of a federal government calling a national referendum to avoid a fixed date election is so beyond comprehension that I am not sure how to answer it seriously.

Alternatively, the concept of a Chief Electoral Officer accepting that the existence of a municipal referendum on a local issue would cause the Chief Electoral Officer to amend or delay the federal election, both of those are beyond imagination. The only way we would have a referendum is on an issue of national importance.