Senate Appointment Consultations Act

An Act to provide for consultations with electors on their preferences for appointments to the Senate

This bill was last introduced in the 39th Parliament, 1st Session, which ended in October 2007.

Sponsor

Rob Nicholson  Conservative

Status

Not active, as of Dec. 13, 2006
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment provides for the consultation of electors in a province with respect to their preferences for the appointment of Senators to represent the province.
Part 1 provides for the administration of a consultation, which is exercised under the general direction and supervision of the Chief Electoral Officer.
Part 2 provides for the holding of a consultation, initiated by an order of the Governor in Council.
Part 3 provides for a process whereby prospective nominees may confirm their nominations with the Chief Electoral Officer.
Part 4 addresses voting by electors in a consultation.
Part 5 sets out the rules for the counting of votes pursuant to a preferential system, which takes into account the first and subsequent preferences of electors as indicated on their ballots.
Parts 6 and 7 deal with communications and third party advertising in relation to consultations.
Part 8 addresses financial administration by nominees.
Part 9 provides for the enforcement of the enactment, including the establishment of offences and punishments for contraventions of certain provisions.
Part 10 contains transitional provisions, consequential amendments to the Canada Elections Act and the Income Tax Act, coordinating amendments and commencement provisions.

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.

Senate Appointment Consultations LegislationStatements By Members

April 17th, 2007 / 2:05 p.m.
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Conservative

Guy Lauzon Conservative Stormont—Dundas—South Glengarry, ON

Mr. Speaker, today we are celebrating the 25th anniversary of the Canadian Charter of Rights and Freedoms. The charter includes democratic rights for each and every Canadian citizen.

I would like to speak about Bill C-43 today. Bill C-43 is an act to allow electors to choose whom they would like to represent them in the Senate. The Canadian Charter of Rights and Freedoms includes democratic rights for all Canadian citizens. Why then should there be any questions in regard to Bill C-43?

Canadians from coast to coast to coast should have the democratic right to have their say on who sits in the Senate of Canada. Bill C-43 would give them that right.

I call on all 307 of my colleagues to support the bill, to modernize our democracy so that our great country will be a true reflection of what its citizens desire.

Business of the HouseOral Questions

March 29th, 2007 / 3:05 p.m.
See context

York—Simcoe Ontario

Conservative

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

Mr. Speaker, on the question of Bill C-16, it is obvious that the Liberal House leader is very concerned about having an election and wants to do anything he can to stop it. Having watched the news last night and having seen some numbers, I can understand his sentiments. That is not surprising.

However, I am also not surprised that he could not remember what the bill was about. That is because it has been out of this House for half a year while the Liberal Senate was trying to deal with it. If those members wanted it passed quickly perhaps they could have avoided making amendments to it. However, there are amendments and we have to consult about them. As well, certainly, the information about everyone having consented is very different from the information that has been provided to me by the other parties to this point.

We will continue to pursue that and we hope to move forward on democratic reform. At the same time, as we said earlier, we will invite the other parties to move forward with Bill S-4 in the Senate. If they want to see things move quickly, that would represent good democratic reform. As well, we invite them to indicate their support for Bill C-43.

However, this afternoon we will continue with the list of bills on today's Projected Order of Business.

Tomorrow we will begin debate on the budget implementation bill. When the House returns from the Easter break, it will continue with the budget implementation bill if it is not already completed tomorrow.

Also on the list of bills for that week are: Bill C-33, on income tax; Bill C-40, on the Excise Tax Act; Bill C-10, on mandatory and minimum penalties; the Senate amendment to Bill C-16, fixed dates for elections, if we can get everyone's agreement on that to move quickly; Bill C-27, on dangerous offenders; and Bill C-45, the Fisheries Act, 2007.

Thursday, April 19 shall be the first allotted day in this supply period.

The Liberal House leader continues to make comments about moving quickly today. I wish he had been over there in the Senate talking to his Senate friends for the past six months while we were waiting. Perhaps while he is busying hurrying things up he can go and talk to the senators about Bill S-4.

I have a motion that I would like to make at this time.

There have been consultations, Mr. Speaker, and I believe that you would find unanimous consent for the following motion. I move:

That, notwithstanding any standing order or usual practices of the House, the remaining debate on the motion to concur in the second report of the Standing Committee on Health be deemed to have taken place and all questions necessary to dispose of the motion be deemed put and a recorded division deemed requested and deferred to Wednesday, April 18, at the end of government orders; and notwithstanding Standing Order 33(2), government orders shall conclude today at 5:30 p.m.

Electoral ReformPrivate Members' Business

February 19th, 2007 / 11:20 a.m.
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Conservative

Scott Reid Conservative Lanark—Frontenac—Lennox and Addington, ON

Mr. Speaker, the gist of my presentation today will be to point out that in view of the very aggressive set of initiatives already introduced by the government on the subject of electoral democratic reform, both in this chamber and for application to the upper House, the motion by the hon. member for Vancouver Island North is effectively redundant.

I want to start my comments by pointing out that the government in its throne speech indicated that it was going to focus intensively on the challenges faced by Canada's electoral and democratic systems. This was done in part in response to the 43rd report of the Standing Committee on Procedure and House Affairs in the last Parliament.

Seeing as the New Democrats are talking about the report of this committee as if it is holy writ or, indeed, brought down from Mount Sinai by Moses, I note that in fact it was not; it was brought down by a group of us, including me.

Let me just read for members what the report said, because it does not say quite what the New Democrats represent it as saying. It states that a “citizens' consultation group”, along with the parliamentary committee, should:

--make recommendations on the values and principles Canadians would like to see in their democratic and electoral systems...[this] would take into account an examination of the role of Members of Parliament and political parties; citizen engagement and rates of voter participation, including youth and aboriginal communities; civic literacy; how to foster a more representative House of Commons, including, but not limited to, increased representation of women and minorities, and questions of proportionality, community of interest and representation;....

Some of this is being taken care of through the citizens' consultation process that is currently under way, as the government has announced, and which has a much broader mandate than what the hon. member is proposing in her motion, but it is a mandate that reflects accurately what was proposed by this committee when it made its report in June 2005.

Indeed, we have made sure that the consultation group reflects what the committee wanted. At the time when I sat on that committee, I was not a fan of that process, but Ed Broadbent, who is constantly cited in the NDP's arguments, spoke in favour of that particular type of process. I said that we would have the usual suspects showing up at this process, and he said, “Sure, it will be the usual suspects, but they have a lot to say, and it is a good process”. The committee voted for it and the government is following through on the recommendations of the committee.

Now the New Democrats have discovered that they really favour another proposal, the citizens' assembly proposal, which Mr. Broadbent fought against vigorously when it was brought up by the Conservatives and which is why the Conservatives put a dissenting report advocating that proposal into the 43rd report of the procedure and House affairs committee. Thus, when the NDP members refer back to this through a revisionist version of history, we must recall that it is a little bit different from the way it actually worked when it happened.

I now want to list some of the legislative initiatives that the government has moved forward with on the subject of democratic reform, because this is really an extraordinary push forward. We are doing more on this issue than any previous government has ever done.

I will start by pointing to the Federal Accountability Act, which changed the rules for financing. It made them much more restrictive, eliminating corporate and union donations and reducing individual donations to $1,000 per capita, ensuring, in other words, that money and affluence are not the determining factors in financing political parties, and therefore ensuring that parties can operate on a level playing field.

We have moved forward on a number of items that deal with making the electoral system fairer, such as Bill C-31 to get rid of electoral fraud, a bill that the NDP opposes although all other parties in the House support it. It is a bill that will do a great deal to make the system much fairer and will ensure that no Canadian is disenfranchised, because electoral fraud disenfranchises everyone who is affected by a vote outcome that can be determined fraudulently, and that is a real problem.

The increased electoral fairness through Bill C-16, which is now in the Senate, having been passed by the House, will ensure that elections occur once every four years, not when the Prime Minister chooses to call them based upon whether his or her party is high in the polls. That was a terrible wrong. It was abused by the previous government repeatedly. This initiative will ensure that it is not abused again. This follows, of course, a series of legislative initiatives adopted at the provincial level, first in British Columbia and then in Ontario, to ensure that provincial elections are also on fixed four year dates.

We have also moved forward on Senate reform. Bill S-4 limits the tenure of senators to eight years. We are having a tremendous problem getting that bill through the Liberal controlled Senate. The government has initiated this bill. It makes sense. It is going to ensure that senators are not effectively appointed for life. Frankly, this is the first time we have seen any serious attempt at Senate reform in the history of this country.

Bill C-43, An Act to provide for consultations with electors on their preferences for appointments to the Senate, would allow for elections of senators. They are called consultative elections because we have to respect the constitutional prerogative of the Governor General to appoint senators.

That bill is interesting not only because it would allow for democracy to finally reach into the Senate and elections to occur within the Senate, but elections under this legislation would not be by means of the first past the post system. Rather elections would be by a single transferable vote system, in short, a proportional system that attempts to ensure that broader preferences come forward and are represented in choosing a senator. It would have the same effect in the Senate as what occurs in the Australian senate, for example, which uses a similar system where a broader range of preferences is expressed. This is a tremendous step forward.

I find it interesting that when talking about proportional representation the New Democrats always take great pains to avoid talking about the one piece of electoral reform legislation that is actually before the House right now, the attempt to introduce proportional representation in the upper house of Canada. In listening to the New Democrats talk about this, one would think there is nothing going on there at all and that it is not worth discussing.

Focusing on something that can happen right now in this Parliament is very important. The issue came up when the member for Elgin—Middlesex—London introduced a motion in the procedure and House affairs committee last week asking that the committee consider a variety of democratic and electoral reform issues, including the issue of proportional representation in the upper house. The New Democrats on the committee voted against it. They ensured that the motion would be defeated.

I do not detect a pattern of behaviour that is logical and actually beneficial toward moving forward on the democratic reform file. The New Democrats are trying to focus on a single hobby horse in a way that suits their interests best.

I find it interesting that Ed Broadbent advocated the idea of electoral reform. During the election campaign when the New Democrats released their election platform, that party moved from favouring more proportional representation as a general theme and letting Canadians look for the best solution, to directly choosing the solution that would be given to Canadians, the multi-member proportional system.

That system has some merits. That system is used in Germany and New Zealand, both of which are respectable democracies, but it not the only available proportional system. For example, it is not the system used in Australia's upper house, which is proportional. It is not used in Malta or Ireland. All of those countries have a single transferable vote system. It is also not the system used in Australia's lower house which uses the alternative vote system. It is not the only proportional system, but it was the only one that the NDP wanted to advocate.

The New Democrats were actually advocating it. They were saying it was essential to move from our system to that system when the MMP system, the multi-member proportional system, had just been defeated in P.E.I., where it received less than 40% of the vote, and an alternative system, the single transferable vote proportional system, had been adopted by almost 60% of British Columbians in another referendum.

We have to be careful. When we look at what the New Democrats are proposing we have to ask ourselves, do they favour proportional representation? Do they favour changing the electoral system in a way that reflects what Canadians want, which means maybe not choosing that system up front, or do they favour the system that is likely to produce the best result in terms of numbers of seats for New Democrats if their vote total does not change? In other words, the NDP is saying, “Without actually changing our appeal to the Canadian people, how can we get more seats in the House of Commons?”

That is not a beneficial approach. We have to work on allowing Canadians to make these decisions themselves.

Canada Elections ActGovernment Orders

February 12th, 2007 / 6:10 p.m.
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Conservative

Peter Van Loan Conservative York—Simcoe, ON

It is only 66 words long, Mr. Speaker, that is all, but the Liberal-dominated Senate continues to delay and obstruct something that their own leader claims to support. Despite the fact that the leader of the Liberal Party, the hon. member for Saint-Laurent—Cartierville, advocates fixed terms for senators, his Liberal colleagues in the other place just will not listen to him. He just cannot get it done.

I hope this bill will not meet the same fate, because it of course also enjoys the support of the opposition here in the House of Commons. I hope opposition members will be able to persuade their Senate colleagues to support it as well.

Before I turn to the benefits of this bill, I do want to express my thanks and gratitude to the member for Niagara Falls, the Minister of Justice. It is because of his work as the former government House leader and minister for democratic reform that we now are in a position to advance this very important bill.

On January 4, the Prime Minister reaffirmed our government's commitment to make our country's institutions more democratic and more accountable. Bill C-31 is just one of the government's very robust democratic reform agenda items. It is an agenda based on bringing accountability and integrity to the institutions and processes of government.

We have successfully passed the federal Accountability Act. Oddly, it was another bill that was held up for almost a year in the process, but we finally got it through. That bill brought about important changes to political financing to eliminate big money from our electoral system.

As I indicated, we have passed Bill C-16 on fixed election dates through the House of Commons. Never again will the government of the day be able to play around with the date of an election for its own crass political motives.

We also have introduced Bill S-4 to limit senator's terms to eight years. It is a concept endorsed by the Leader of the Opposition. We would like to see it become law. We would even like to debate it in this House. That has not happened yet, but we would like it to come out of the Senate so we can consider it.

I fully encourage the Leader of the Opposition to stand up and use the full force of his leadership. I know how strong that full force of leadership has been. As is evident from indications in the past few weeks, it is not that strong, but I would encourage him to muster all the strength he has to get it through and out of the Senate and to tell his colleagues to follow his lead. We would be happy to deal with it.

We of course have also introduced Bill C-43, which is a bill to consult Canadians on who they would like to see representing them in the Senate. Right now, of course, terms can be as long as 45 years, and those people can be appointed by the Prime Minister without any consultation. They have been in the past, which is perhaps why we have a Liberal-dominated Senate that will not allow the will of the House of Commons and Canadians to prevail.

We would like to have an opportunity to ask Canadians who they would like representing them in the Senate. That is another one of our objectives. That of course would reform our system and Parliament in a more democratic and more accountable way. Everyone knows that our parliamentary institutions are the foundation of our democracy and, as such, they must be democratic. We have a responsibility to ensure they continue to operate well for the benefit of Canadians.

With this in mind, as the current Minister for Democratic Reform I feel privileged to rise to speak on this bill today.

Bill C-31 makes a number of operational improvements to the electoral process and the Canada Elections Act. It is aimed at improving the integrity of our elections. It implements almost all of the recommendations of the 13th report of the Standing Committee on Procedure and House Affairs, a report which was agreed to unanimously by committee members from all parties. The same committee reported the bill with some amendments to fine-tune it on December 13.

In short, Bill C-31 is about simple solutions that will yield tangible improvements to the integrity of our electoral system.

Most of these amendments to the Elections Act were originally recommended by the Chief Electoral Officer, who has had on the ground experience in administering elections. All of these legislative changes were endorsed by the Standing Committee on Procedure and House Affairs, comprised of members of Parliament with real on the ground experience as candidates. A number of the changes may seem small, but collectively they will lead to real results that will improve the integrity of our system.

First, I want to speak about improvements to the national register and list of electors. We have proposed, for instance, amendments that will improve the accuracy of the national register of electors and, by implication, the lists of electors used by each of us during electoral campaigns.

As most will recall, the national register replaced the door-to-door enumeration that used to occur up to 1997. It is from this register that permanent voters' lists, as some of us call it, are generated.

We all know the importance of these lists for engaging our constituents in a campaign and for encouraging them to vote. We have all experienced the challenges that have been faced by Elections Canada in maintaining a database of such a large size in a country growing so rapidly where mobility is so high.

Over the years, Elections Canada has taken strides to improve the quality of the register, but the Chief Electoral Officer has requested more tools to allow for greater improvements and efficiencies. Bill C-31 gives him those tools. For example, we have all seen the box on the front page of the income tax return that allows Canadians to consent to have their name, address and date of birth shared with Elections Canada for inclusion in the register.

Unfortunately, the Chief Electoral Officer has found that a lot of non-citizens who are not entitled to vote are checking the box and making the information less reliable.

Bill C-31 provides the authority to change the question on the income tax form and make it clear that it only applies to Canadian citizens and only they should check it off. This will improve the reliability of the information received, enhance the accuracy of the register and, in turn, improve the quality of the voters' lists. It is a simple change. It will produce real results by ensuring that only eligible voters will have their names placed on the voters' list.

Similarly, Bill C-31 allows income tax returns to be used to inform Elections Canada of deceased electors, so those names can be removed from the register more quickly.

In addition, the bill updates statutory authorities to allow returning officers to update the register and the list of electors, to clarify the ability of the Chief Electoral Officer to exchange information with provincial electoral authorities, and to permit the Chief Electoral Officer to use stable identifiers that will make cross-referencing of information on electors more efficient.

Each of these reforms will contribute to a better, more up-to-date national register and in so doing improve the integrity of the lists.

Another element of this bill would improve the ability to communicate with the electorate, which is of course a fundamental cornerstone of our democratic system. These reforms are designed to allow candidates, parties, election officials and the electorate all to engage in a dialogue. That is what makes democracy work.

Election officials, particularly returning officers, will have access to apartment buildings and gated residential communities to carry out their functions.

It will therefore be easier for them to conduct a targeted revision of the list of electors by going to electors in areas of high mobility and low registration.

It will also be easier for candidates to meet electors because they will have better access to gated communities and areas open to the public, such as malls, to campaign.

Taken together, these reforms will help the electorate become better informed and enable voters to become more familiar with local representatives and the political process.

A third set of reforms in this bill would improve the accessibility of voting by those who are entitled to vote. For instance, many Canadians are using advance polls to cast their votes rather than waiting until polling day. That is critically important if we are to see the turnout increase or at lease reverse the decline in turnout that has been happening until recently.

Bill C-31 will allow greater flexibility to establish more advance polls when circumstances warrant. This is of particular benefit for large ridings and remote areas, where advance polling districts can be very large and hard to access for some residents. This bill will go a long way to improve access for voters and will lead to increased voter turnout across this country.

One of the things that has saddened many of us who care a great deal about democracy is that at the same time as we have seen a decline in community involvement in all kinds of activities, we have seen that decline in the voter rate. That decline in voter participation is a bad thing for our democracy. We want to see Canadians engaged in their process. We think it is important that voter turnout increase.

All of us in the House of Commons have to explore ways in which we can work to improve voter turnout. If allowing more advance polls is one way to do it, as Bill C-31 opens the door to doing, that is something that we should be doing.

I encourage all members of this House to take that step in the right direction to reversing the decline in voter turnout and encouraging more Canadians to vote, encouraging more Canadians to have a real stake in our electoral system and to participate in that way.

On another subject, one of the most significant sets of changes in this bill addresses potential voter fraud. Like all the reforms that I have discussed, these amendments protect the integrity of the electoral process. The fundamental democratic principle of our electoral process is that only those entitled to vote should vote and they must vote only once.

During meetings of the House Standing Committee on Procedure and House Affairs, it was clear that most of the members had heard of times when this principle was violated. Every time that happens, voter confidence in the electoral system and its integrity is shaken and an eligible voter is deprived of the right to vote.

Bill C-31 takes action to reduce the opportunity for voting fraud through a very simple step. It amends the Elections Act requiring Canadians to show identification for voting. Rather than only stating one's name and address, which is all someone has to do right now, a voter will have to provide some kind of proof of their identity and residence before receiving a ballot.

I cannot say how many times voters have come to me and said they could not believe that they were not asked for any identification and that anybody could have voted in their place. I think most of us have probably heard stories of folks who have gone to vote and found out that somebody had already voted claiming to be them. We all hear those stories and they are alarming. This change will put an end to that.

The change applies to people who are already registered to vote and are on the list of electors. I should stress that under the current system those who are not registered to vote must already show identification to register at the polls. We are simply making that requirement a uniform requirement. Simply put, the bill requires individuals to prove who they are and that they are who they say they are before they vote.

The federal voter identification process will be modelled on similar procedures in Canada and in other countries, such as those in Quebec and a growing number of municipalities across the country. It will improve the integrity of the process and reduce opportunities for electoral fraud, which can have an impact on very close election results.

In turn, this reform will, like the other measures I have discussed, enhance the integrity of our system and the confidence of the people in that system. This is what this bill is all about, the integrity of our electoral process, which is something in which we all have a stake.

In closing, as Minister for Democratic Reform, I am excited about this bill because it provides tangible and real results for Canadians. Without a well functioning electoral machinery our democracy will not work. All hon. members will agree that the machinery must be regularly maintained, updated, renewed and modernized, and it is our duty as parliamentarians to do that work.

The progress of Bill C-31 is an ideal example of how that work should be done. The genesis of the bill was a parliamentary committee report that was agreed to by all the members of that committee, including the representatives of the New Democratic Party. The government responded with legislative action. We have worked with the other parties in fine tuning the bill after hearing from a number of witnesses in committee. It is truly a multi-partisan or non-partisan effort designed to improve the integrity from which all of us will benefit.

If our electoral system is held in a higher regard, all of us will be held in a higher regard and to the extent that confidence is lacking, all of us suffer as parliamentarians. That is why I think the spirit in which this has gone forward is a positive one and what this bill does is positive.

I hope that the House will pass this bill quickly so that it can come into force as soon as possible. I urge my colleagues on both sides of the House to join me in supporting Bill C-31.

Senate Appointment Consultations ActRoutine Proceedings

December 13th, 2006 / 3:05 p.m.
See context

Niagara Falls Ontario

Conservative

Rob Nicholson ConservativeLeader of the Government in the House of Commons and Minister for Democratic Reform

moved for leave to introduce Bill C-43, An Act to provide for consultations with electors on their preferences for appointments to the Senate.

(Motions deemed adopted, bill read the first time and printed)