This bill was last introduced in the 41st Parliament, 1st Session, which ended in September 2013.
Tim Uppal Conservative
This bill has received Royal Assent and is now law.
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.
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.
Tom Lukiwski Conservative Regina—Lumsden—Lake Centre, SK
Mr. Speaker, I did not know that my hon. colleague was the one who convinced my other colleague to run, so I congratulate both of them.
With respect to the comments as to committee work, I agree that real work on the bill will be done at committee, such as the examination of the technical aspects of the bill. Quite frankly, I am happy to hear that Her Majesty's Loyal Opposition agrees with us because we want to get this to committee as quickly as possible.
The Acting Speaker Conservative Bruce Stanton
Before we resume date on the current motion, it is my duty pursuant to Standing Order 38 to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for Cape Breton—Canso, Air Canada; the hon. member for Windsor West, G8 Summit; the hon. member for Rimouski-Neigette—Témiscouata—Les Basques, Committees of the House.
Resuming debate, the hon. member for Louis-Saint-Laurent.
Alexandrine Latendresse NDP Louis-Saint-Laurent, QC
Mr. Speaker, today we have the opportunity to debate Bill C-20, the Fair Representation Act.
This bill has a history. It dates back to the 39th Parliament and since then it has undergone some revisions and changes. As it currently stands, Bill C-20 illustrates the Conservative government's desire to make some constructive changes to the makeup of this House. The proposals in Bill C-20 also seek to enhance the effectiveness of democracy in Canada and improve representation.
However, what the bill is proposing does not appear to have been well received. It did not take long for reactions from the provincial legislatures to reach Ottawa, and Quebec dismissed the Conservative government's proposals right away. Ontario and British Columbia also raised some legitimate concerns regarding this bill. This response is significant, as it illustrates how poorly balanced the government's approach was regarding the redistribution of seats in the House of Commons.
The provinces reacted as they did because they felt that the initiative was confused and saw that the government was trying to satisfy them with a pittance. It has come up with practically random figures to which the Conservatives are attaching expressions like “fair representation” and “proportional democratic weight”. The very terms for what we are debating are flying around in every direction. The provinces understand very clearly that there is some confusion and that when there is confusion, there is some flexibility and room for negotiation.
This feeling of confusion stems primarily from the successive changes that have been made to the bill over time and that reveal considerable hesitation on the part of the government. After all, at the outset, Quebec was not given any additional seats. The government sensed the danger, however, and had the good sense to change its mind. I am sure my colleagues can imagine how the Quebec National Assembly would have reacted had the government not changed its mind.
The Minister of Industry, the member for Mégantic—L'Érable, said: “This bill will move every Canadian province toward representation by population.” This remark was repeated by the parliamentary secretary who just spoke.
I would like to know if the government plans to use this criterion alone for the new seat allocation. If that is the case, it demonstrates an approach that is narrow in vision and not very serious. In fact, strict representation by population is certainly not the only criterion that should be applied when seats are redistributed. It would be a denial of all the things that make Canada what it is. We need only examine all the clauses used to calculate the number of seats to support that. It seems that the minister is denying what is protecting Prince Edward Island's four seats.
The NDP will stand with the provinces that want us to continue fine-tuning Bill C-20. We acknowledge that the government wants to take action and get it right, but we believe that there is too much hesitation on the government's part and therefore that there is room to negotiate.
I am very pleased to be able to debate this bill. The NDP believes that there is a consensus in the House about the importance of fair and intelligent reform of our democratic institutions. After all, we have everything to gain with a more representative Canada.
I am in federal politics because I am convinced that Canada's strength is rooted in its diversity. The problem of fair representation of the provinces in the House comes up regularly because Canada is changing and its Parliament must reflect these changes. This issue seems simple, but is unexpectedly complex. It also stirs up passions and triggers all sorts of hidden emotions.
Canada is more than just the sum of the 10 provinces and 3 territories. Since confederation, two visions of the country have often clashed. These two visions refer to very different and almost opposite sensibilities that we have tried to reconcile as best we can since the beginning of the federal experience. That is the basis for John Saul's idea of a civilization that compromises. As my Canadian history professor used to say, Canada is a community that is always fraught with bickering. As a Quebecker, I know what I am talking about.
The first of these two visions, considers provincial authority as an end in itself. It focuses on the provincial legislature, local distinctiveness, local cultural heritage and, in the case of Quebec, language. Of course the emotional attachment to Canada remains present and real, but confederation is clearly perceived as a supranational entity.
That is clearly the case in Quebec. While it is well known, it is sometimes misunderstood in other parts of Canada: in Quebec, ties to the state are twofold. That is completely normal. Quebec preciously guards the memory of its past and still feels the presence of the other state it once was: New France. Quebec's specificity is so important that this government even took the initiative to give it the status of a nation within Confederation.
Quebec is not the only province in this situation. Take Newfoundland, for example. It was the last province to join Confederation. It had its own currency, flag and national anthem, and its people are still very conscious of their common origin.
Some might even say that Newfoundland has its own language. It joined Confederation 80 years after the founding provinces, after a long history as an independent British dominion. Consequently, Newfoundland had the time to develop a feeling of national allegiance that Ottawa, as a distant and mainland capital, cannot shake, even after 60 years.
I would also like to mention the more subtle case of the Northwest Territories. Northerners live a common frontier experience in a tough environment that is both beautiful and remote. The ethnic balance between aboriginals and non-aboriginals has created a distinct type of country with its own ethnically diverse culture that is incredibly dynamic.
I could go on and on because this is such a fascinating topic, but what I am trying to express is that this vision requires one essential element: balance. When balance is maintained, this decentralist vision does not call into question the relevance of this federal plan and encourages cultural and creative development across our country. The NDP, which is so committed to diversity, is very sensitive to the differences that exist, to varying degrees, in each province.
There is the opposite, highly centralist vision, which sees the federal government as responsible for building the Canadian nation. This vision is behind the notion of nation building. It is a state of mind that promotes unity within the country by focusing on all that is similar at the expense of all that is different. The Constitution Act, 1867, seemed to favour that vision of Canada, but that vision took a hit during the constitutional debates of the 1980s and 1990s. It was, however, the initial cause of sweeping Canada-wide achievements and it is dear to many of our constituents whose values are reflected in it.
It is simplistic to divide the provinces between these two visions. This vision has its roots in the British imperialism that Canada was part of. The Constitution of 1867 was drafted in that vein and we can say without a doubt that Canada as we know it today is a legacy of that time.
Ontario, the most populous province and the most under-represented in this House, has its cultural and political origins in the British colonial era. It is completely justified. The Prairies also find a common cultural foundation in that history. They were constituted as the logical next step in the federal project and steeped in British patriotism. Canada has its history and we do not seek to diminish it.
The Conservative Party clearly favours a more centralist plan. For this government, the federal government and its institutions have the responsibility to build this country. Canada, as the Conservatives see it, has to be moulded from the same clay. Differences have to give way to common elements. It is the Canada of “The Maple Leaf Forever”. Their interpretation is as old as the country itself and meets come people's expectations. However, those who share the decentralist vision feel there is a lack of finesse in these democratic reform bills that the Conservative government is introducing in this House. They all have one thing in common: they all attempt to make fundamental changes to the parliamentary institutions without ever having to touch the Constitution.
Bill C-20 is nothing but a weak attempt at giving this House the semblance of fair representation of the provinces that make up Canada. Bill C-20 is just another attempt at doing something when it is clear that no one really knows what to do. The NDP has a vision. Our party has a deeper understanding of what constitutes Canada's wealth and we want to move forward in respect and collegiality.
For example, the NDP explicitly recognized Quebec's distinct nature in Bill C-312, introduced by my colleague, the member for Compton—Stanstead. In short, the NDP proposed that we keep the previous formula for calculating how seats are allocated in the House of Commons, while still guaranteeing that Quebec would retain its political weight of 24.35% within the House, the percentage it had when it was recognized as a nation in this House.
As much as we acknowledge that Bill C-20 is a step forward compared to the earlier versions, there is still a lot of work to be done before it will be acceptable. I condemn the fact that the Conservative government does not have enough strength to take action. At first glance, this so-called strong mandate is not translating into a willingness and a vision to truly move Canada forward. It takes guts, initiative and courage to turn words into action.
Yet when it comes to petty politics and pitting the provinces against each other, this government is one of the best. For proof, we need only look at the provinces' reactions to Bill C-20. With this government, it is one step forward, two steps back.
The problem is clear. the provinces want a number of seats that corresponds as closely as possible to their demographic weight. Since Quebec was recognized as a nation within Canada, it is asking to retain its weight at 24.35%.
The NDP is of the opinion that these two requests are fair and must be defended. The NDP believes that, in order for Canada to work better, it is absolutely necessary that the provinces and their unique characters be represented as accurately as possible. Only the NDP can do this because we have a much better understanding of what Canada wants. Our vision is to make Canada a true success, to make it the best country in the world. We want to debate the role of our parliamentary institutions with respect, rigour and, most importantly, a listening ear. This quality is essential.
The basic problems with the representation of the provinces in the House of Commons, namely the chronic under-representation of Ontario, Alberta and British Columbia and the concrete recognition through action of the Quebec nation, are far from irreconcilable. However, there are still concerns. The fact that the Ontario premier is not hesitating to speak out shows his concern about this bill, which must be fair to Ontarians. The same goes for the premier of British Columbia, who is asking for no fewer than the seven seats that were provided for in a previous draft of the bill.
The Quebec Minister responsible for the Reform of Democratic Institutions feels the same way. He believes that Quebec's political weight in the House of Commons should not be decreased. In 2006, this House unanimously adopted a motion recognizing Quebec as a nation within Canada. The constitutional consequences of that decision are unclear. The NDP wants to maintain Quebec's weight in the House of Commons.
Given its status as a nation within a united Canada, Quebec has a special place and we must reflect that fact. All these examples clearly bring one undeniable fact into focus: the provinces are asking the government to listen to them. If the Conservative government continues to turn a deaf ear, it will soon be perceived within the federation of Canada as a steamroller that has little regard for the provinces. First, it was the Senate; now, it is the House of Commons. A trend is becoming painfully clear.
Not only do we need to move away from the verbal rhetoric of simply stating that Canada is the best country in the world, we also need to take real action to prove it. We need to do justice to Canada's diverse, complex character. Our parliamentary institutions need to reflect that. Openness to compromise and negotiation is essential.
I would like to know the point of undertaking reform if it is only done in half measures. In the wake of a slew of democratic deficits, the Minister of State for Democratic Reform is suggesting that we merely apply a band-aid solution. Similar to the arbitrary and constitutionally questionable Senate reform this government wants to implement, this addition of seats to the House of Commons only masks the issues. And when it comes right down to it, no one will be happy.
Why does this government seem unable to successfully reform this country's parliamentary institutions? As the NDP has clearly stated, the first logical step is to consult provincial leaders. We are still at the bill stage and sensible improvements can still be made. But there is still one quality that is painfully lacking in this government: the ability to listen, the decency to listen to the provinces and other interest groups. This is not simply a trivial, procedural issue. We need to ensure that each Canadian citizen has the assurance that the House of Commons is a solid representation of the Canadian reality.
It is quite ironic that, because they have their blinders on, the Conservatives are unable to fully grasp Canada's complexity and diversity. This goes far beyond the simple addition of seats to the House of Commons, as the Conservative government is proposing. Creating more cynicism in and contributing to the alienation of the Canadian people with regard to federal politics is the last thing we want to introduce as legislation in Parliament. But it seems that the government's priority is exactly that.
The formula used to calculate how seats in the House of Commons are allocated is a reflection of Canada's diversity and complex nature. The grandfather and Senate floor clauses are proof of that. The idea of democratic representation goes far beyond these mathematical formulas, but we must look even further than that. The solution being proposed by the Conservative government does not address any of these demands. This bill leaves a number of provinces fundamentally under-represented in this House and it decreases the electoral weight of the Quebec nation.
However, all of these changes can be made, but the Conservatives do not seem to know what to do. To start, they offered some crumbs, then a little bit of meat, but at the end of the day, everyone ends up disappointed. That explains the NDP's disappointment with Bill C-20. The formula used to calculate the seats allocated to each province was changed from what the government presented in the last version of this bill, which was introduced in the previous Parliament. That was already different from the formula that is used now, which dates back to 1985.
I would like to focus on this subject for a moment because I have a hard time following this government's parliamentary gymnastics and acrobatics. First of all, Bill C-12, which was introduced in the House during the previous Parliament, changed the redistribution formula by changing the electoral quotient by which a province's population is divided.
The preamble of Bill C-12 states, and I quote, “Whereas the national average population of electoral districts at the 40th general election was approximately 108,000 persons...”. That is how it was determined that the electoral quotient, in order to divide the province's population—before applying special clauses—would be 108,000. They simply speculated at the time, with the help of estimates from Statistics Canada, about what the redistributed seats might look like using that formula. So this created certain expectations among the provinces. It is not surprising that Bill C-12 never passed.
Then comes along the current bill on fair representation. The Conservative camp has simply shuffled the cards to come up with a new formula for allocating seats to the provinces. Here is where the confusion begins. Here is what Bill C-20 says about the new electoral quotient to be used:
Whereas the electoral quotient for the readjustment that follows the completion of the 2011 decennial census should be 111,166, that number being the average population of the electoral districts on July 1, 2001, which was determined by using the estimate of the population of each province as at that date, multiplied by the average of the rates of population growth of the provinces.
If I understand correctly, the new electoral quotient comes from a mathematical formula that comes from an estimate of the current population that dates back to July 1, 2001. Two questions immediately come to mind. First of all, why use population estimates that are over 10 years old? Why the mathematical acrobatics? Is it because the statistics from back then are more reliable than today's? And second, why use the average rate of increase in the population of the provinces? As we have heard repeatedly in this House, the rates of increase in the population of each province are not all the same.
Ontario is growing faster than any other province. So why this levelling out? How can the government justify creating expectations among the provinces with Bill C-12, only to turn around and crush them so deviously and cunningly with Bill C-20? Did the government really expect the provinces to fall for this trick?
The issue of representation in the House of Commons is complex and goes beyond simple representation by population, a factor that is very important nonetheless. The Supreme Court issued an interesting opinion in this regard. On June 6, 1991, it concluded in The Attorney General for Saskatchewan v. Roger Carter that factors like geography, history, community interests and minority representation may need to be taken into account to ensure that legislative assemblies effectively represent the diversity of the Canadian social mosaic.
This means that the bill to redistribute seats in the House of Commons must take other factors into account. No matter what this government says, this exercise in effective representation is not irreconcilable with equal representation of the provinces that have had significant population growth. In short, we must continue to work on this bill, listen to the provinces and arrive at a solution that benefits everyone.
I move, seconded by the member for Welland,
That the motion be amended by deleting all of the words after the word “that” and substituting the following:
this House decline to give second reading to Bill C-20, An Act to amend the Constitution Act, 1867, the Electoral Boundaries Readjustment Act and the Canada Elections Act, because it:
(a) adds and allocates new seats in the House of Commons in a way that would increase regional tensions in Canada;
(b) fails to take into account the need for a nation-building approach to changes in Canada's democratic representation; and
(c) ignores the principle unanimously adopted in this place that the Quebecois represent a nation within a united Canada.
Frank Valeriote Liberal Guelph, ON
Mr. Speaker, I rise on a point of order. There have been discussions among the parties, and I believe you would find consent for the following motion.
I move that it be an instruction to the legislative committee on Bill C-18 that the committee postpone clause-by-clause review of Bill C-18 in order to permit the legislative committee to travel throughout Canadian Wheat Board designated areas in western Canada for the purpose of meeting with experts and farmers who would be affected by Bill C-18; and that in relation to its study of Bill C-18, the chair and 12 members of the legislative committee be authorized to travel in western Canada from November 14, 2011 to November 18, 2011, and that the necessary staff accompany the committee.
The Acting Speaker Conservative Bruce Stanton
Does the hon. member have the unanimous consent of the House to move the motion?
Fair Representation ActGovernment Orders
November 2nd, 2011 / 4:45 p.m.
See
context
Some hon. members
Agreed.
No.
The Acting Speaker Conservative Bruce Stanton
The amendment is in order.
The hon. member for Kingston and the Islands.
Ted Hsu Liberal Kingston and the Islands, ON
Mr. Speaker, I would like some clarification.
Imagine that, one day, in the House, we decided to say that a certain region of our country was unique and special. In such a case, would the NDP change the formula for assigning seats to that region? Is that the NDP's policy?
Alexandrine Latendresse NDP Louis-Saint-Laurent, QC
Mr. Speaker, I would like to thank the hon. member for his question.
Clearly, when we are speaking about the importance of recognizing the weight of the Quebec nation in the House of Commons, we are referring to the House's unanimous decision to recognize Quebec as a nation within Canada. We are therefore not talking about just any consideration or unique aspect. We are talking about something that was recognized and received a unanimous vote. Quebec has been recognized as a nation. Given this recognition, it seems completely legitimate to me, in this specific case, to say that it is important to maintain Quebec's political weight.
I believe that this is the best thing to do in this case.
Kyle Seeback Conservative Brampton West, ON
Mr. Speaker, coming from the riding that had the largest population in all of Canada in the last census, I would like to ask my friend across the aisle how she could rationalize saying that there should be more representation than what is being given under the Fair Representation act to Quebec when the voters in Brampton West have half a vote compared to voters in her riding. There are twice as many voters in my riding as hers, and she is saying that should continue and in fact get worse.
What does she have to say to the voters of Brampton West? Why does she not think they are entitled to have the same votes as people in her riding?
Alexandrine Latendresse NDP Louis-Saint-Laurent, QC
Mr. Speaker, I would like to thank the hon. member for his question.
We are in Canada. We have certain special characteristics, as I explained in my speech. We live in a country where we cannot, all of a sudden, decide to decrease the number of members of Parliament in certain regions on the pretext, for example, that they are far less populated than other regions. We cannot make such decisions. It is normal for there to be some imbalance. Everyone wants to work to ensure that the imbalance is as minimal as possible and that we operate fairly. No one wants to deny that right.
We recognize that Ontario, British Columbia and Alberta are currently under-represented and that this must be remedied; however, it is not by pitting the provinces against each other and by comparing them that we are going to solve Canada's problems. It is important to recognize the variety of identities within Canada and in each region and province. The best way to do so is to support the hon. member for Compton—Stanstead's bill.
Charmaine Borg NDP Terrebonne—Blainville, QC
Mr. Speaker, I thank my colleague for her speech, which was truly excellent. The NDP introduced a bill that would be an alternative to the government's bill. In our bill, we talk about keeping Quebec's percentage at 24.35%, while the government would keep it at 23%. What difference does that make? For the Quebec nation, it is extremely important to keep that 1%. Could my colleague explain how important it is?
Alexandrine Latendresse NDP Louis-Saint-Laurent, QC
Mr. Speaker, I thank my excellent colleague for her comments and her question. In fact, what is important here is acknowledging the fact that, since Quebec was recognized as a nation within Canada by this House, the least we could do is allow Quebec to retain the political weight that it had in the House of Commons at the time. We are not simply talking about a stable demographic weight or anything like that. If the government wants to acknowledge the fact that the nation was recognized, and that that was not just empty rhetoric, it must take concrete action accordingly. In my opinion, maintaining Quebec's political weight in the House of Commons is completely justifiable.
Stéphane Dion Liberal Saint-Laurent—Cartierville, QC
Mr. Speaker, I listened with great interest to the hon. member's speech and I was very impressed. However, I have a very specific question to ask her.
Does her party feel that there are not enough members in the House and that 30 more need to be added? Has she heard her constituents, the people in her riding, say that we need 30 more members, even though the government is slashing the public service? Is that something she would be proud to tell her constituents? Or does she think, as the Liberal Party does, that we can get the same results—in terms of provincial representation in the House—with 308 seats, without adding a single one?
Alexandrine Latendresse NDP Louis-Saint-Laurent, QC
Mr. Speaker, I would like to thank the hon. member for Saint-Laurent—Cartierville for his question, which was, as always, specific and intelligent. In the present situation, this bill is trying to correct the under-representation of three provinces that are dramatically under-represented. A solution has been presented, but that does not mean it is the only one. I am sure that there are others. For now, the proposals have been submitted. We also understand that eliminating some of the current sections regarding the political weight of provinces in the House of Commons could, for example, lead to fewer members from certain provinces. We do not necessarily want that to happen.