Fair Representation Act

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

This bill is from 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 has also written a full legislative summary of the bill.

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.

Similar bills

C-12 (40th Parliament, 3rd session) Democratic Representation Act
C-22 (39th Parliament, 2nd session) Constitution Act, 2007 (Democratic representation)
C-56 (39th Parliament, 1st session) Constitution Act, 2007 (Democratic representation)

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-20s:

C-20 (2022) Law Public Complaints and Review Commission Act
C-20 (2021) An Act to amend the Nova Scotia and Newfoundland and Labrador Additional Fiscal Equalization Offset Payments Act
C-20 (2020) Law An Act respecting further COVID-19 measures
C-20 (2016) Law Appropriation Act No. 3, 2016-17
C-20 (2014) Law Canada-Honduras Economic Growth and Prosperity Act
C-20 (2010) An Action Plan for the National Capital Commission

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.

Motions in AmendmentFair Representation ActGovernment Orders

December 6th, 2011 / 10:50 a.m.

Conservative

Tim Uppal Conservative Edmonton—Sherwood Park, AB

Madam Speaker, what would happen if we did not pass this bill is that there would be a duplication of process. Whether or not we do anything, the process will begin next year. The redistribution will begin. We need to pass this formula and put it in place before that begins. Otherwise, that process will begin. At some point this formula will pass, and then we will have to adjust it again. If we do not pass this formula, the fastest growing provinces will continue to be under-represented, which is just unfair. The member's province of Ontario, my province of Alberta, and British Columbia will continue to be under-represented, and that is unfair.

With respect to the difference between the formulas, it is hard to describe the NDP formula because the NDP is not telling us what its numbers are. The NDP is not being clear to Canadians about the numbers. That party talks about all these different ideas, but what are the numbers and how many seats are the NDP proposing? The NDP is not being clear about that.

The Liberal plan is to pick winners and losers. We will not do that.

The difference between the opposition's proposals and ours is that ours is fair for all provinces.

Motions in AmendmentFair Representation ActGovernment Orders

December 6th, 2011 / 10:50 a.m.

Liberal

Stéphane Dion Liberal Saint-Laurent—Cartierville, QC

Madam Speaker, there are no winners and losers; there are only winners with the Liberal plan: Canadians.

This bill is so preposterous that the House must reject it. That is what I am going to show in the time that I have been given.

The government is proposing to needlessly increase the number of seats in the House by 30—from 308 to 338—but it has not made any mention of the costs associated with these new seats. It is not necessary to expand the House of Commons in this manner because each province could be given equal representation without changing the current number of seats. That is what the Liberal plan proposes. It keeps the number of seats in the House at 308 while offering each province the same proportion of seats—within a few decimal points—as the Conservative plan, which expands the House to 338 seats.

The Liberal plan has been praised everywhere, except by certain politicians. It is only politicians who want more politicians. Canadians are concerned about the additional costs of the expanded House that the Conservatives are preparing to vote in. The government is sending the wrong message. It wants to increase the number of politicians but, meanwhile, it is making cuts to the public service and to services for the public. That does not make any sense. Parliament must set an example in these times of fiscal restraint.

Here is a non-exhaustive list of cuts effected by the Conservative government to services to Canadians: $226 million from Veterans Affairs support services; 700 scientists from Environment Canada; 600 employment insurance processing staff from Service Canada; 92 auditors from Audit Service Canada; 725 people from Statistics Canada; drastic cutbacks to Environment Canada's ozone monitoring network; drastic cutbacks to the Canadian Environmental Assessment Agency; closure of St. John's and Quebec City maritime search and rescue centres; and so on.

There are cuts, cuts everywhere, except when it comes to politicians. Oh no, then the government wants to protect their stake. The cuts and sacrifices are for Canadians, but for the politicians it is leisure and luxury. That is the Conservatives' way. There is a record-size cabinet, record-size PMO, and now there would be a record-size House of Commons. But what can we expect from a Prime Minister who protects one of his ministers caught using a rescue helicopter as his private limousine?

These are politicians who are serving themselves rather than serving the public. Canadians do not appreciate that.

Let us look at what is happening elsewhere. In Great Britain, the Conservative government is forcing the people to make difficult sacrifices, but it is also setting the example by decreasing representation by 10%.

Here is a quote:

In these times of spending restraint and operational review, the members of this House should not be considered exempt....The number of electoral districts in our province will be reduced....

This quote comes from the recent throne speech of the Government of New Brunswick, another Conservative government. It shows that decency is not a matter of partisan politics; it is a matter of ethics, of respect for the citizens who gave us the privilege to serve them instead of serving ourselves.

Here is another quote:

A smaller House offers considerable cost savings, less government and fewer politicians--and clearly this is what Canadians want.

Canadians are already among the most overrepresented people in the world.

That was said on November 25, 1994 by a young member of Parliament who is now the Prime Minister of Canada.

There is no consistency. There is no respect for Canadians.

The government also has no respect for Parliament. Why does the government want to add more members when it thinks so little of Parliament?

Why does the government want more MPs when it is using time allocation as never before, cutting off debate, deflecting questions, bullying the House to force through its bills as never before?

Madam Speaker, you should have been in committee when we heard from experts who, for the most part, told us that we must keep the number of seats in the House at 308, while making the House more equitable for all the provinces.

The Conservative members have demonstrated appalling corporatism and, unfortunately, the members of the NDP have joined in their whining, saying that they are overworked, that they cannot go on and that they need more members to do the work. That is untrue. Three hundred and eight members can do the work for Canadians. We do not need to add 30 more members that Canadians do not even want. Therefore, we must say no to this bill to bloat Parliament.

We must say no to this bill that would add more politicians.

Instead, members should support the Liberal plan, the amendments proposed by the Liberal caucus, which call for a House that provides fair representation for all the provinces but stays at its current size. Let us show Canadians that we are not out to serve ourselves. We are here to serve Canadians and Canada.

Motions in AmendmentFair Representation ActGovernment Orders

December 6th, 2011 / 11 a.m.

Edmonton—Sherwood Park Alberta

Conservative

Tim Uppal ConservativeMinister of State (Democratic Reform)

Madam Speaker, on this side of the House we make no apologies for addressing the under-representation of ordinary Canadians. The Liberals do not support fair representation for all Canadians, yet they do support the direct taxpayer subsidy to political parties at $30 million a year. It is disappointing that the Liberals would rather invest in political parties. They are more concerned about the state of their finances than they are about ordinary Canadians.

Why do the Liberals support the direct taxpayer subsidy to political parties at $30 million a year and not fair representation for all Canadians?

Motions in AmendmentFair Representation ActGovernment Orders

December 6th, 2011 / 11 a.m.

Liberal

Stéphane Dion Liberal Saint-Laurent—Cartierville, QC

Madam Speaker, it is interesting to note that the minister does not want to discuss the bill. He wants to switch to another debate, which I would be pleased to do. We have a bill on the table. The minister has said he is very proud of the bill. However, he is unable to discuss the bill.

He said that we are creating winners and losers. When it is time to allocate seats, the House should be kept at a reasonable number but the minister wants to inflate the House with 30 more seats. He does not want to debate the issue because he is embarrassed by it.

Motions in AmendmentFair Representation ActGovernment Orders

December 6th, 2011 / 11 a.m.

NDP

Bruce Hyer NDP Thunder Bay—Superior North, ON

Madam Speaker, there are days when I think that adding more seats in the House of Commons would be a lot like putting more deck chairs on the Titanic.

The real issue is not representation by geography but representation by party. As I am sure the member knows, the party across the way received 39% of the vote, has over 55% of the seats and pretty much 100% of the power.

Could the member tell me if the Liberal Party is ready to discuss getting behind true proportional representation based on parties?

Motions in AmendmentFair Representation ActGovernment Orders

December 6th, 2011 / 11 a.m.

Liberal

Stéphane Dion Liberal Saint-Laurent—Cartierville, QC

Madam Speaker, I am ready to have this discussion, but my question is why both the minister and my colleague from the NDP are afraid to discuss their plans about inflating the number of seats in the House. Again, I would ask one of my colleagues in the NDP to please table that party's numbers and tell us what the NDP's plan is for how many seats there would be in the House and how much it would cost Canadians. I tried and even with 350 seats, we still would not achieve fair representation for provinces without the rules that the NDP wants to put in its plan, one of which is unconstitutional by the way, and I want to respect the Constitution of my country.

Motions in AmendmentFair Representation ActGovernment Orders

December 6th, 2011 / 11 a.m.

Liberal

Rodger Cuzner Liberal Cape Breton—Canso, NS

Madam Speaker, my friend and colleague is a bit of a dreamer if he thinks we are going to get numbers from the government. We see the Conservatives going ahead with the construction of super-jails with no costing. We see them going ahead with the F-35, which is a deal that is falling apart at the wings and they still do not know the costs going forward. To think that they would be able to attach some numbers to a piece of legislation like this bill is a little hopeful.

Before I get to my question, what is more shameful is we have a piece of legislation like this bill and the minister gets up and blah-blahs about election spending. Could my colleague explain and do the math on it? Under our plan we would lose a seat in Nova Scotia but still the proportional representation in Nova Scotia is higher if we lose one seat in the current structure—

Motions in AmendmentFair Representation ActGovernment Orders

December 6th, 2011 / 11 a.m.

The Deputy Speaker Denise Savoie

Order, please. I must give the hon. member time to respond.

Motions in AmendmentFair Representation ActGovernment Orders

December 6th, 2011 / 11 a.m.

Liberal

Stéphane Dion Liberal Saint-Laurent—Cartierville, QC

Madam Speaker, my colleague is right that with the Liberal plan Nova Scotia and Quebec would have the same representation as with the Conservative plan. However, Nova Scotians and Quebeckers would be winners as Canadians because they would have a House that would be reasonable. All of them know that.

The Conservatives know that in their constituencies people are upset by the fact that they are increasing the number of seats when it is not needed, when they are slashing and cutting services to Canadians. They are providing a bad example to Canadians when they have the duty to show a good example, the right example at a time when we need to make so many sacrifices. Why serve ourselves instead of serving Canadians? That is the question.

Motions in AmendmentFair Representation ActGovernment Orders

December 6th, 2011 / 11:05 a.m.

Bramalea—Gore—Malton Ontario

Conservative

Bal Gosal ConservativeMinister of State (Sport)

Madam Speaker, I am very happy to have this opportunity to speak about fairness in House of Commons representation. Addressing the significant and increasing under-representation of Canadians living in the fastest-growing provinces is a long-standing commitment of our government and of our party.

First, though, I note that our government's top priority is the economy. We are focused on the mandate Canadians gave us to secure our economic recovery through a low-tax plan for jobs and economic growth. In addition to securing our economy recovery, our Conservative government has a strong, stable national majority government and a mandate to strengthen and enhance Canada's democratic institutions. In the last election and in previous ones, our party committed to Canadians that we would address representation fairness.

I would first like to outline the problem we need to fix, which is the primary motive of Bill C-20. This problem has been mentioned at length during debate, but I believe it warrants underlining again.

The representation of the provinces in the House of Commons is readjusted every 10 years using a formula established in section 51 of the Constitution Act of 1867. The current formula dates to 1985 and was designed to provide modest increases to the size of the House.

While the 1985 formula has been successful in limiting the size of the House of Commons, it has created a representation gap for the fastest-growing provinces of Ontario, British Columbia and Alberta. It has prevented these provinces from receiving a share of seats that is more in line with their relative share of the population.

To illustrate the significance of this representation gap, we look no further than my riding of Bramalea—Gore—Malton in Ontario. Bramalea—Gore—Malton is home to the fourth-largest number of Canadians in any riding, at 152,698 people. I note this population figure was as of the 2006 census, over five years ago.

During the last election, we made three promises to ensure that any update to the formula allocating House of Commons seats would be fair for all provinces. First, we would increase the number of seats now and in the future to better reflect the population growth in British Columbia, Ontario and Alberta; second, we would protect the number of seats for smaller provinces; third, we would protect the proportional representation of Quebec according to its population.

Our government received a strong mandate to move toward fair representation in the House of Commons, and we are delivering on that commitment with the fair representation act. Bill C-20 moves every single Canadian closer to representation by population.

The size of my riding, with over 152,000 people, compares to an average national riding size of fewer than 113,000. Only four provinces even have an average riding size of over 90,000 people. Ontario is one of those provinces. The Greater Toronto Area has nine of the 10 largest ridings in the country. All of these ridings have over 130,000 people. The largest in Canada, Brampton West, has 170,000 people.

My riding and many others in the Greater Toronto Area are home to a significant and increasing number of new Canadians. New Canadians, who tend to settle in large cities with large riding populations, are among the most significantly under-represented Canadians in this country, simply by virtue of living in fast-growing communities in fast-growing provinces.

Is it fair that new Canadians, many of whom come to our country to enjoy the democratic freedoms denied to so many millions of people around the world, and indeed all Canadians living in regions like Bramalea—Gore—Malton, have a democratic voice that is significantly diminished merely because of where their home is located? We believe it is not fair.

Every Canadian's vote, to the greatest extent possible, should carry equal weight. If we are left with the status quo, the representation gap experienced by Canadians living in fast-growing provinces, and in particular Canadians living in regions like mine, will only grow more prominent. This is a serious problem that requires an immediate solution.

Bill C-20 proposes the best formula to address the representation gap without pitting Canadians against Canadians and regions against regions. This formula is a principled and reasonable update designed to bring Ontario, British Columbia and Alberta closer to representation by population, while at the same time maintaining the seat counts of low-growth provinces and ensuring that Quebec maintains representation directly proportionate to its population. In fact, the fair representation act brings every single Canadian closer to representation by population.

The practical result of applying the new formula will add an additional 30 seats to the House of Commons, for a total of 338. In terms of provincial breakdown, Ontario will receive 15 new seats, Alberta will receive six new seats, British Columbia will receive six new seats and Quebec will receive three new seats, as a result of being the first beneficiary of the representation rule, which will ensure that its seat total does not become less than what is proportional to its population.

In my province, Ontario's average riding size is down from 126,160 to 110,521. Thanks to this legislation, Ontario's percentage of seats in the House of Commons will more closely reflect its share of Canada's population. This is a great thing for Ontario and indeed a great thing for all Canadians.

Even more significantly, the bill provides an adjustment to the formula in order to adjust for future increases in population following future censuses. Unlike the formula on the books today, the formula in Bill C-20 accounts for population growth and trends. This is good news for all Canadians, both now and in the future.

To conclude, this bill, the fair representation act, is a principled, nationally applicable update to the formula allocating House of Commons seats. It is reasonable, principled, and fair for all Canadians. It addresses a problem that needs to be fixed, a problem that will grow worse if we fail to act. It will achieve better representation for Canadians living in fast-growing provinces while maintaining representation for smaller and slow-growth provinces. Again, it brings every single Canadian closer to representation by population.

The fair representation act delivers on this government's long-standing commitment to bringing greater fairness in House of Commons representation. I strongly encourage the opposition to work with us in passing this principled and reasonable legislation as quickly as possible. I look forward to continuing my work with all of my colleagues in the House to make sure that happens.

Motions in AmendmentFair Representation ActGovernment Orders

December 6th, 2011 / 11:10 a.m.

NDP

Dany Morin NDP Chicoutimi—Le Fjord, QC

Madam Speaker, in 2006, the Conservative government recognized Quebec as a nation. Today, however, with this bill, the Conservative government is spitting in the face of Quebeckers. It is very clear to the NDP that Quebec must keep its historic percentage of seats in the House of Commons.

My question is for the hon. Conservative member. Does the fact that his party recognized Quebec as a nation mean absolutely nothing in their eyes?

Motions in AmendmentFair Representation ActGovernment Orders

December 6th, 2011 / 11:10 a.m.

Conservative

Bal Gosal Conservative Bramalea—Gore—Malton, ON

Madam Speaker, the government received a strong mandate to move toward fair representation in the House of Commons. It guarantees Quebec's proportional representation, reflected in the number of seats Quebec is gaining. Also, the legislation moves every single province toward representation by population.

Motions in AmendmentFair Representation ActGovernment Orders

December 6th, 2011 / 11:10 a.m.

Liberal

Stéphane Dion Liberal Saint-Laurent—Cartierville, QC

Madam Speaker, I thank my colleague for his speech, but we learned nothing from it. There is no response to the opposition's arguments. I will repeat them and I will give him a quote. I would like him to comment on the quote. The quote is:

A smaller House offers considerable cost savings, less government and fewer politicians--and clearly this is what Canadians want.

Canadians are already amongst the most overrepresented people in the world.

I would like to know if my colleague agrees with this quote. For his sake I hope he will, because it is a quote from his boss.

Motions in AmendmentFair Representation ActGovernment Orders

December 6th, 2011 / 11:15 a.m.

Conservative

Bal Gosal Conservative Bramalea—Gore—Malton, ON

Madam Speaker, as I said before, the government received a strong mandate to move toward fair representation in the House of Commons. This bill guarantees that. This legislation moves every single province toward fair representation by population. This legislation, unlike the Liberal plan, does not pit one province against another, or communities against other communities. It is fair for all Canadians throughout Canada.

Motions in AmendmentFair Representation ActGovernment Orders

December 6th, 2011 / 11:15 a.m.

Oshawa Ontario

Conservative

Colin Carrie ConservativeParliamentary Secretary to the Minister of Health

Madam Speaker, in listening to some of the comments back and forth in the House, I heard members from the Liberal Party talk about their plan. However, they failed to put forth the fact that they actually had a majority in the House for many years and, for some reason, did absolutely nothing to address the fact that there is under-representation across the country.

Therefore, I ask my colleague what he thinks of the fact that the Liberals did absolutely nothing to address the democratic deficit that we had in Canada for so many years, but then voted to keep the $30 million taxpayer subsidy. The Liberal Party of Canada would not vote for fair representation, but did vote to keep the taxpayer subsidy.

Could my colleague comment on that, please?