Fair Representation Act

An Act to amend the Constitution Act, 1867, the Electoral Boundaries Readjustment Act and the Canada Elections Act

This bill was last introduced in the 41st Parliament, 1st Session, which ended in September 2013.

Sponsor

Tim Uppal  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

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

This enactment amends the rules in the Constitution Act, 1867 for readjusting the number of members of the House of Commons and the representation of the provinces in that House.
It amends the time periods in several provisions of the Electoral Boundaries Readjustment Act and requires that electronic versions of maps be provided to registered parties.
It also amends the Canada Elections Act to permit a returning officer to be appointed for a new term of office in certain circumstances.

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.

Votes

Dec. 13, 2011 Passed That the Bill be now read a third time and do pass.
Dec. 12, 2011 Passed That Bill C-20, An Act to amend the Constitution Act, 1867, the Electoral Boundaries Readjustment Act and the Canada Elections Act, {as amended}, be concurred in at report stage [with a further amendment/with further amendments] .
Dec. 12, 2011 Failed That Bill C-20 be amended by deleting Clause 8.
Dec. 12, 2011 Failed That Bill C-20 be amended by deleting Clause 1.
Dec. 7, 2011 Passed That, in relation to Bill C-20, An Act to amend the Constitution Act, 1867, the Electoral Boundaries Readjustment Act and the Canada Elections Act, not more than one further sitting day shall be allotted to the consideration at report stage of the Bill and one sitting day shall be allotted to the consideration at third reading stage of the said Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at report stage and on the day allotted to the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.
Nov. 3, 2011 Passed That the Bill be now read a second time and referred to the Standing Committee on Procedure and House Affairs.
Nov. 3, 2011 Passed That, in relation to Bill C-20, An Act to amend the Constitution Act, 1867, the Electoral Boundaries Readjustment Act and the Canada Elections Act, not more than one further sitting day shall be allotted to the consideration at second reading stage of the Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Fair Representation ActGovernment Orders

November 3rd, 2011 / 3:40 p.m.
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Conservative

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

Mr. Speaker, I do not have much time to answer this question because we are almost through my five minutes.

Very briefly, the answer is that we do face a deadline in terms of moving this bill forward so that the Chief Electoral Officer can summon the electoral boundaries commissions that cause a redistribution to occur.

If this bill were to go forward after the beginning of 2012, I think it would be very difficult as a practical matter to have any form of redistribution other than the one that is contemplated under the current law. There is really no time to switch horses in midstream after the end of 2011. That is the reason haste is required.

Fair Representation ActGovernment Orders

November 3rd, 2011 / 3:40 p.m.
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Conservative

The Acting Speaker Conservative Barry Devolin

Just to clarify, the hon. member for Lanark—Frontenac—Lennox and Addington had a 20-minute time slot. Did the member mean to split that or not? There was a 20-minute slot and he spoke for about 11 minutes. Subsequently, there is a 10-minute question and answer period. I just wanted to make sure we did not miss the member splitting his time. Is that correct?

Fair Representation ActGovernment Orders

November 3rd, 2011 / 3:40 p.m.
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Conservative

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

Mr. Speaker, had I been aware, I could have gone on for another 10 minutes. However, I am happy to keep answering questions for the remainder of the 10 minutes. I will enjoy it even more.

Fair Representation ActGovernment Orders

November 3rd, 2011 / 3:40 p.m.
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Bloc

André Bellavance Bloc Richmond—Arthabaska, QC

Mr. Speaker, I listened carefully to the hon. member's speech, in which he made several historical references. My father is a retired history teacher, so I really appreciate people talking about the past, especially since the member appeared rather nostalgic. He talked about Lord Durham and the Act of Union, when Lower Canada and Upper Canada were joined, which reduced Quebec's political weight considerably within the united government. I will not remind the members of all of Lord Durham's great ideas to ensure that Quebec would lose its raison d'être and that the French language would be extinguished. I do not know if the member was feeling nostalgic when he referred to that.

What struck me most were the member's comments near the end of his speech when he answered a question from an NDP member about the motion recognizing the Quebec nation in the House of Commons. If I understand correctly—and if so, the cat will be out of the bag—he said that, in any case, it was not an amendment to our Constitution. What he was really saying is that recognizing the Quebec nation means nothing to him. I wonder if he could explain that.

Fair Representation ActGovernment Orders

November 3rd, 2011 / 3:40 p.m.
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Conservative

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

Mr. Speaker, let me begin by referring to Lord Durham's report. The member heard me quote Charles Tupper from the Confederation debates in the Nova Scotia House of Assembly. He did mention Lord Durham; Earl Durham he said.

I am not attempting to defend Lord Durham's position on anything. There are many things that are highly objectionable from a modern point of view in what he proposed. One thing that cannot be blamed on him, one additional wrinkle that was imposed by the British Parliament at the time, was the notion, designed by the way to oppress Quebec, of saying that Upper Canada, Ontario, which had fewer people would get equal representation. That was very unfair, very undemocratic. It also promptly backfired because the population of Upper Canada grew faster than that of Lower Canada, and by 1865, people like George Brown were complaining about the fact that his province was now underrepresented in proportion to Quebec. There is a certain delicious irony in that, I guess.

In the end, the very sensible result was that we decided to give representation by population to the lower house, to get rid of that injustice which had been intended to be an injustice against Quebec but wound up being an injustice against Ontario, to give equal representation in the upper house, and moreover to protect the rights of linguistic minorities by creating a federal system which is what we have done. That is the best explanation I can give as to what happened.

With regard to the motion in 2006, I will make the same point in English that I made in French earlier. We cannot amend the Constitution by passing a simple motion in the House of Commons. That is what the NDP effectively is suggesting has happened or could happen, but that is not the case.

In order to deviate from the principle of proportionality, in order to deviate from the idea that every redistribution must be at least as proportional, at least as close to representation by population as the previous one, if we want to deviate from that, we have to amend the Constitution by getting the support first of Parliament and then of seven provinces with more than half the population. The NDP's bill does not purport to do that, which makes it unconstitutional. It makes the 2006 resolution in the House of Commons about Quebec being a nation, une nation au sein du Canada, constitutionally irrelevant in a discussion about this piece of legislation.

Fair Representation ActGovernment Orders

November 3rd, 2011 / 3:45 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I am pleased that I have been afforded the opportunity, because of the generosity of my caucus colleagues, to make representation on this very important bill.

Last weekend, I had the opportunity of exchanging thoughts and ideas with constituents. On at least two or three occasions, I had constituents question why we were increasing the number of members of Parliament. The minister responsible made some announcements last week and a great deal of media attention was given to it. Canadians on the whole have a different feeling than what the government has proposed.

However, prior to getting into the debate, I want to highlight something that is really important, something on which we need to focus a bit of attention.

Yesterday, we had some wonderful people in the Speaker's gallery, such as world war vets, individuals who had participated in some of our modern day activities in Afghanistan and individuals who had been involved in our forces. At the same time, we recognized the importance of Remembrance Day and the efforts and sacrifices that men and women today and yesterday had made, allowing us to even be inside this chamber and appreciate just how important our democracy is.

The very same day in which we were recognizing the important efforts of our men and women in the forces, today and in the past, the government chose to bring in time allocation as more of a normal type of procedure. It is almost as if it feels it is no longer an issue, that all it has to do is bring in a bill and within minutes or maybe an hour, bring in a motion to put time limits on debate. That causes a great deal of concern for many people, me included. I see the value of debate, of allowing members of the House to engage in discussions.

Some bills, more than others, warrant debate. With some bills there are differing opinions from all three political parties. I believe that quite often when we are listening to members debate a bill, it might actually influence someone who is listening. I believe individuals who watch the televised debates will enjoy much of the content that is expressed during the debate, as Canadians try to get a better understanding of the legislation before us.

The government will say that a bill is a priority. If it is a priority, there are other ways in which the government, in good faith, can work with the official opposition House leader and the Liberal Party House leader to try to accommodate the passage of a bill. There are other things we could do prior to implementing time allocation that would allow for additional debate.

When government members stand, and they have had a few speakers on the bill already, and talk about how important it is that we have fair representation, it is one of those principled stands with which I agree. I agree with fair representation. It is one of the cornerstones, one of the pillars of our democratic foundation. However, equally important is what takes place inside this chamber, how the government of the day manages the House affairs and how it proceeds.

I and the Liberal Party are very disappointed in the way in which the government has seen fit to bring in this legislation. I hope the government will reconsider other pieces of legislation as it introduces them.

It is bad policy to introduce a bill and then only moments later bring in time allocation, which, in essence, prevents healthy debate. It is unfortunate and I only hope the government will reflect on that.

It has had a majority, which is somewhat scary, for a few months and we have seen what it has done in the chamber in terms of rushing things through and what it has done in committees, always wanting to go in camera. There is a lot of concern and we are watching. We do not like what we are seeing. We hope it is not something that will continue in the future. Most Canadians will catch on and become very disenchanted with the lack of respect the majority government has demonstrated.

There are some pieces of legislation on which the three parties in the chamber disagree. I suggest this is one of them. The Prime Minister has been quoted as saying, and I will paraphrase, that this bill would increase the number of seats now and in the future. In essence, what the Prime Minister and the minister responsible for this bill are saying is that the answer to the problem of fair representation is to increase the number of members of Parliament today and in the future. This is something with which we disagree.

I suspect the minister will be afforded the opportunity to ask me a question. Before doing so, he might want to reflect on what he believes the optimum number of seats should be for the House of Commons. If we listen to what the Prime Minister and the minister are saying, today we have 308 members, four years from now we will have 338 and I assume we could have close to 400 or something in excess of 400 some time in the next decade if we follow the recommendations of the government. It is fair to ask where that will stop.

In modern democracies there are fixed numbers. If we look, for example, at the United States, I believe there are 435 seats. The size of the population base does not matter. It has 435 representatives. We all know the population of the U.S. is 10 times the size of Canada. Why does the government not recognize, as other modern democracies have, that it does not have to constantly increase the number of members of Parliament and that there are other ways to readjust it.

I have heard a number of members say that Alberta, B.C. and Ontario need more seats. That is what they argue for fair representation. We can still achieve that balance if we operate within the 308 members. We can give Alberta, B.C. and Ontario fair representation, but the government has chosen to take a different route. As opposed to trying to limit the number of members of Parliament, it is going to support an indefinite amount of growth. We really do not know how much, but maybe the minister will enlighten us after I have had the chance to speak. This is a concern that not only I and members of the Liberal Party have, but it is a concern that Canadians have.

If we asked average Canadians if they wanted the number of politicians in the House of Commons increased and we thought they would say absolutely, we would be absolutely wrong.

Fair Representation ActGovernment Orders

November 3rd, 2011 / 3:55 p.m.
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Conservative

Michael Chong Conservative Wellington—Halton Hills, ON

We want our fair share.

Fair Representation ActGovernment Orders

November 3rd, 2011 / 3:55 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Fair share, yes; increasing the actual numbers, no. Therein lies a substantial difference between the Conservatives and the Liberals. As I pointed out, there is a difference in all three political parties.

I have been listening to the speeches given by New Democrats, trying to make an assessment. It reminds me a bit of the debates we had in Manitoba about remote issues versus urban issues. In Manitoba we tried to address that by having percentage variances on fairness in representation. I could be wrong, but I believe it is 5% in the south and then a voter variation in northern Manitoba. Some people want to see the variations increased to a certain degree, but they have been generally well-received.

I have had the opportunity to ask questions in regard to the NDP position on it. The response I have received are have indicated more concern with the numbering issue. For example, one NDP member said that we should look at England where members sit on benches. I have to wonder if the NDP is trying to give the impression that we should be getting rid of the desks and chairs and bringing in benches. Is that what we need in the House of Commons? That NDP member suggested that we just need to look at the other side of the ocean. I thought that was somewhat interesting.

I would like to continue to flush that debate out and the way to flush it out is to allow the debate to occur, but the Conservatives have limited that. I am interested in hearing more opinions from New Democrats.

As a member of Parliament, I love to share with my constituents not only what Conservatives are saying, but also what New Democrats are saying. I am interested in what they have to say. All I know for sure is that they do not have a problem with increasing the number of MPs by 30. They seem to be of the opinion that the percentage in rural ridings has to be increased so the ridings are not as big. They also seem to be of the opinion that it should be at least 25%. I might be corrected on that in terms of the province of Quebec. We will see how this whole discussion evolves.

I want to focus attention on the size factor. How many constituents is the optimum number of constituents that a member of Parliament can actually represent? I suggest a lot of that depends on resources. If members of Parliament are not given any resources, then they will not have the ability to hire people and service constituents, so they will want relatively small constituencies. If members of Parliament are provided with the opportunity to employ people, then they will be able to service a larger number of constituents.

In terms of the size of a constituency, we need to factor in the types of resources provided to members of Parliament to serve their constituents. I would be most interested in hearing about that.

I am quite satisfied, I must say, with the resources that I personally have been entrusted with and I do not take them for granted. However, as compared with being an MLA in the Manitoba Legislature, a member of Parliament gets considerably more resources, but the constituency is considerably larger. I think that somewhat proves the point.

In Manitoba, for example, there are 57 MLAs. An MLA has resources somewhere in the neighbourhood of about $60,000, which allows him or her to have a constituency office and a staff person. Compare that to a federal constituency and we would see is that in Manitoba roughly four and a half provincial constituencies make up one federal constituency. If we do the math, it is not that far off, in terms of resources that are provided to a member of Parliament versus an MLA.

I believe, given the resources that a member of Parliament is given here in Ottawa, that I am quite able to provide the same sorts of services that I would have been able to provide as an MLA, even though it is a much larger population base. That is why when I bring forward the argument asking whether we have to increase the numbers of members of Parliament, I challenge the government to provide a rationale as to why we need more members of Parliament.

The rationale that the Conservatives are using now is just strictly that they want to give more MPs to Ontario, Quebec, well, Quebec is more of an afterthought for the Conservative Party, Alberta and British Columbia. In essence that has been their rationale. They just want to give them more MPs and that by giving them more MPs, they would have more clout and there would be fairer representation, in terms of the equality of one vote.

Let us look at the numbers. We have 308 seats now. That is an actual increase of 30 seats. Ontario would get 15 seats, Alberta would get six seats, B.C. would get six seats, and the province of Quebec would be given three seats.

We have to put that into the perspective of the economy. Here we have a government, in its most recent budget, that is talking about the economy and how it is going to address, in part, the economy by making significant cutbacks every day that we are in session. I participate in many discussions among my colleagues. I hear about cutbacks in Atlantic Canada. Those cutbacks are serious. They would change lives in Atlantic Canada.

I suspect whether it is the Atlantic or the Pacific, from coast to coast, we are going to find that there are significant cutbacks taking place, that the government is wanting to downsize bureaucracy and our civil service, thereby reducing services. At the same time, with this bill, the government would increase the number of politicians. It just does not make sense.

My best guess is that if the Conservatives were to really caucus this and have a free vote, there would likely be more support to readjusting within the 308 seats, so that at least they could be consistent with their budget debates. That is just my best guess. However, the chances of that happening, I suspect, are not great.

I encourage the government to really reflect on what it is that it is doing on two fronts: the time allocation is wrong, the Conservatives are stifling debate; and increasing the number of seats indefinitely is the wrong thing to do. This is not what Canadians want.

Fair Representation ActGovernment Orders

November 3rd, 2011 / 4:05 p.m.
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Edmonton—Sherwood Park Alberta

Conservative

Tim Uppal ConservativeMinister of State (Democratic Reform)

Mr. Speaker, it is unfortunate that the hon. member came here to make his speech, and I listened very carefully, but did not do his homework. He talked about growth in the future.

In 2021, under our fair plan, only 11 new seats would be added if the current predictions hold. In 2031, only five new seats would be added. We are being very open and honest about the numbers. The numbers are upfront.

The Liberals, under their own plan, are not being honest with Canadians about the numbers. Under the Liberal plan, Manitoba would lose three seats. Saskatchewan would lose five seats. Quebec would lose six seats. Newfoundland and Nova Scotia would lose a seat.

I ask the hon. member, why is he not being honest about the numbers in his plan?

Fair Representation ActGovernment Orders

November 3rd, 2011 / 4:05 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I have no idea where the minister pulls those numbers from, saying, “under the Liberal plan”. Maybe he could share that Liberal plan with the Liberal MPs. I have not seen the plan he is referring to and I am the one who is speaking on it. We are talking about the 308 seats. There is no need for us to increase it, but to the best of my knowledge, I have no idea what Liberal plan he is referring to.

Maybe it is backbench Conservative MPs who got together and said, “Pass this one over to the Liberals, and you are the messenger”. I do not mean to shoot the messenger. I will be more than happy to receive it from the minister.

He admits that this time it is a big one, it is a 30. Next time it will be 11 and then it will be five. That is conservative. Well, an increase is an increase is an increase. We are saying there is no need for an increase.

Fair Representation ActGovernment Orders

November 3rd, 2011 / 4:05 p.m.
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NDP

Bruce Hyer NDP Thunder Bay—Superior North, ON

Mr. Speaker, I am not necessarily opposed to fixing proportionality by population or geography. That is all right, but what I am really interested in, and we should all be really interested in, is proportional representation by party, whereas if the purple party gets 20% of the vote across Canada, the purple party should get 20% of the seats.

Is the real issue a need to add more politicians to the House of Commons? That is a lot like adding deck chairs to the Titanic.

My question to the hon. member is, I know the Liberals did not want it for a lot of years, but are they finally interested in getting some real good system of proportional representation for Canada, and will they get serious about it?

Fair Representation ActGovernment Orders

November 3rd, 2011 / 4:05 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I believe that the Liberal Party of Canada is very keen on ideas and engaging Canadians on ways in which we can make a difference.

On a personal note, I am very sensitive to that issue. There are many examples that could be cited from all provinces where we have actually had majority governments elected in some provinces and they did not get most of the votes. That occurs a lot, whether it is here in Ottawa or the provinces. All political parties have been at different ends of it. The issue is which political party is prepared to be consistent, through good times and bad times.

I am not sure if the NDP is. We will find out in terms of how it continues to advocate that position here in Ottawa. In the province of Manitoba it did not advocate for it, but it depends.

Fair Representation ActGovernment Orders

November 3rd, 2011 / 4:10 p.m.
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Conservative

James Bezan Conservative Selkirk—Interlake, MB

Mr. Speaker, I wish to comment on the comments made by my friend from Winnipeg North. What he is propagating is that, based upon a 308 seat House and having representation across this country, we have to have an average riding of 106,000 people.

Manitoba, with an average of just over 76,000 per riding, would have to lose two or three seats. This is what he is proposing.

I have the largest riding population-wise and the second largest geographically in Manitoba at 91,000. I am still 14,000 less than the numbers we are seeing in other areas of Canada. However, we would definitely have to reduce seats in Winnipeg.

The hon. member's riding has a population of only 79,000. I would suggest that if he were serious about reducing the number of seats in Manitoba, and he wants to go home and sell it, I would suggest that probably we could get rid of Winnipeg North.

Fair Representation ActGovernment Orders

November 3rd, 2011 / 4:10 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I am not one to back down from a good healthy debate. I would suggest to the member that we contact Richard Cloutier of CJOB and debate it on his radio program. I will make myself available and hopefully, the member will make himself available. We will advance this script of Hansard over to Mr. Cloutier and perhaps he might give us an invite.

I know that a vast majority of Manitobans, members' constituents and my constituents, do not want 30 more members of Parliament. That much I know.

I am prepared to debate that. If at the end of the day that means that Manitoba has to lose a seat, the member and I can go to CJOB to see if it will allow us to have that debate publicly, if in fact he will accompany me. As I say, I will be sure to pass the--

Fair Representation ActGovernment Orders

November 3rd, 2011 / 4:10 p.m.
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Conservative

The Acting Speaker Conservative Barry Devolin

Order. Questions and comments, the hon. member for Châteauguay—Saint-Constant.