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, provided by 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

December 13th, 2011 / 3:35 p.m.
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NDP

David Christopherson NDP Hamilton Centre, ON

Mr. Speaker, I believe that more and more Quebeckers, by virtue of seeing the election results, are recognizing that there is a safe place for their culture in Canada.

A win for anyone in this country is to be proud of the province they come from, whether it is P.E.I., Alberta or B.C. We have such beautiful geography. We are so blessed that I think we should all feel very proud of our home province and our home territory.

However, the beauty of Canada and of our Confederation is that we can hold that provincial pride, that territorial pride, big or small population-wise, geography-wise, but at the same time we get the world benefit of being a Canadian, one of the greatest, safest, best places in the world to be.

There are people around the world who are willing to die to try to get a Canadian passport for themselves and their families because they know what it can mean.

We try to hold up Canada as a mature democracy, in some ways as a model, even with all our imperfections, and we have many. Attawapiskat screams the loudest today.

However, Quebeckers more and more are realizing that by going with a federalist party, they have an opportunity to maintain, secure, and strengthen their unique culture in Canada, and be proud, and pass that pride on to their children and their grandchildren, but they can also still hold that Canadian passport. That, to me, is the best of both worlds.

We can be proud Quebeckers, proud Ontarians, and proud Prince Edward Islanders, but we are still proud Canadians and we have that passport. That is the best of both worlds.

Fair Representation ActGovernment Orders

December 13th, 2011 / 3:40 p.m.
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Conservative

Mark Strahl Conservative Chilliwack—Fraser Canyon, BC

Mr. Speaker, certainly, my voice today cannot compete with the hon. member for Hamilton Centre.

We have heard the Liberal plan, and while we do not agree with it, at least the Liberals have a formula and some numbers that we could talk about. The NDP represents a moving target. Any time NDP members are asked about the numbers, they divert into some other discussion about passports and what not.

Could the member just stand in his place and say what the NDP plan is? How many seats would be in the House of Commons if the NDP were in government and could implement the plan?

Fair Representation ActGovernment Orders

December 13th, 2011 / 3:40 p.m.
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NDP

David Christopherson NDP Hamilton Centre, ON

First, Mr. Speaker, this gives me an opportunity to mention one thing about the Liberal plan that needs to be mentioned. I understand the appeal of capping and saying there is no need to have any more members here. The problem is that it does not save the money that one thinks, for the simple reason that while the example is given of America, where I believe it has, give or take, 500 Congress members. It is capped at that and it is moved around, depending on the population. Those congresspeople represent between 600,000 and 700,000 people, many of them. They have 20 to 30 staff. They have umpteen offices and they are far more distant from their constituents than we are here, so we do not think that is the way to go.

Fair Representation ActGovernment Orders

December 13th, 2011 / 3:40 p.m.
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Conservative

Ted Opitz Conservative Etobicoke Centre, ON

Mr. Speaker, I am very happy to have this opportunity to stand again today to speak in favour of Bill C-20, the fair representation act. This bill is representative of a series of important points for Canadians in general and for both Ontarians and my constituents in Etobicoke Centre.

First and foremost, this bill would address serious and increasing under-representation of our fastest-growing provinces, Ontario being chief among them on a short list that also includes British Columbia and Alberta. The under-representation is a serious problem that has a direct impact on the way all Canadians experience their representative democracy.

The source of this under-representation is a current seat allocation formula instituted in 1985. The effect of the current formula has been to significantly increase the disparity between provinces protected by seat guarantees and the faster-growing provinces that do not benefit from those guarantees. Specifically, the faster-growing provinces of Ontario, British Columbia and Alberta have become significantly under-represented in the House relative to their populations, and this under-representation is only going to get worse.

In his presentation to the Standing Committee on Procedure and House Affairs, Professor Michael Powell of the University of Toronto spoke about the value of Bill C-20 in addressing the distortions caused by the 1985 formula. He stated:

[Bill C-20] removes the artificial cap on the size of the House of Commons.... The practical effect of the 279 formula means that not enough seats are added to the fast-growing provinces, those being Ontario, Alberta, and British Columbia. By removing that cap, Bill C-20 raises the possibility that representation by population will be adhered to much more closely than it currently is.

He went on to say:

The second positive move forward by Bill C-20 is that it adds seats to exactly those provinces that have fast-growing populations.... By adding the seats to the fast-growing populations, Bill C-20 is a positive move because it raises equality for those voters.

Bill C-20 delivers on our government's long-standing commitment to move the House of Commons toward fair representation. In particular, the bill reflects the government's three distinct promises to provide fair representation by allocating an increased number of seats now and in the future to better reflect population growth in Ontario, British Columbia and Alberta; protecting the number of seats of smaller provinces; and protecting the proportional representation of Quebec according to population.

Now that we have had the benefit of the second reading debate and committee review, the value of this bill has become even more clear, in particular when compared and contrasted with the proposals that have been put forward by the New Democratic Party, which refuses to provide numbers, and the Liberal Party, which is a little more understandable. When we review all of these proposals objectively, in my mind there is no question that Bill C-20 represents the most practical and fairest approach to improving representation in the House of Commons.

During the debate on Bill C-20, the other parties made alternative proposals to reform the formula for seat readjustments in the House of Commons. The NDP put forward a proposal that would see Quebec guaranteed a certain minimum number of seats in the House; our friends the Liberals have proposed that the number of seats be capped at 308 and then redistributed proportionally among the provinces. Of the three proposals, Bill C-20 is the only option that is not only practical but that also achieves the objective of improving representation in the House of Commons. In fact, I would go so far as to say that the options proposed by the other parties are at the extreme end of the spectrum and that their possible solutions would not be practical.

In the evolution of the seat readjustment formula, there have always been certain common objectives when changes have been considered, including the primacy of representation by population, seat protections for slower-growing provinces, and the desire to maintain a reasonable size in the House of Commons. The idea of guaranteeing a fixed percentage of seats to a province, as proposed by the NDP, has never been an element of the seat readjustment formula, and nowhere in the Constitution has there ever been a guarantee that Quebec--or any other province, for that matter--should receive a certain percentage of seats in the House of Commons.

Fixing a certain percentage of seats for one province would be contrary to the proportional representation of that province, since it would diminish significantly the principle of representation by population in the seat readjustment formula. Bill C-20, on the other hand, respects the principle of representation by population while ensuring that Quebec receives a number of seats in proportion to its population.

As Professor Pal stated in his remarks before the procedure committee,

This bill would add three seats to Quebec. I think that's a good development, because it means that the proportion of seats Quebec has in the House will not fall below its proportion in the general population.

In this regard Mr. Kingsley, the former chief electoral officer, said to the committee,

Insofar as Quebec is concerned, Quebec will remain right on, not overrepresented, not underrepresented, based on the total number of seats. This has been one of the objectives for a very long time.

The Liberal proposal is equally flawed and does not represent a feasible option for adjusting the seat readjustment formula. The Liberal proposal would freeze the number of seats in the House of Commons at 308 for the coming readjustment, remove the grandfather clause that protects the seats of the slower-growing provinces and then redistribute seats on a proportionate basis.

The key problem with the Liberal proposal is that it picks winners and losers among the provinces. It would create losers because it would result in seats being taken away from the slower-growing provinces and given to the faster-growing provinces. In effect, the Liberal proposal would take seats away from Quebec, Newfoundland and Labrador, Nova Scotia, Saskatchewan and Manitoba. Seats from these provinces would be redistributed to Ontario, British Columbia and Alberta.

Our government believes this would be an extremely unfair approach to representation in the House of Commons. We made a strong commitment to the slower-growing provinces that their seat totals would be maintained and we intend to meet that commitment.

As former CEO Jean-Pierre Kingsley noted in his testimony before the procedure committee,

...if you tell a province that it is going to lose some members, but that it shouldn't worry about it because it will keep the same proportion... I don't know how such a thing could be done in this country.

He went on to say:

I don't see how it could be achieved politically. The force of resistance would be too great.

Having received these competing proposals, it seems clear to me that Bill C-20 represents the best possible option. Neither of these opposition proposals is close to being a practical and fair solution to the issue of representation in this House; Bill C-20, on the other hand, does present a practical solution that goes a long way to achieving fair representation. The practical result of Bill C-20 is that every single Canadian moves closer to representation by population.

I would like to underline this point in more detail and discuss the importance of introducing a seat allocation formula that is more responsive to population size and trends. This legislation would move the House closer to fair representation for Canadians living in Ontario, British Columbia and Alberta while maintaining the number of seats for slower-growing provinces and ensuring that Quebec's representation is equal to its population. By introducing a seat allocation formula that is more responsive to population size and trends, the fair representation act would move the House closer to representation by population both now in the in the future.

The practical effect is that Ontario, Quebec, British Columbia and Alberta would be entitled to new seats under the fair representation act. Ontario would receive 15 new seats rather than only the three new seats it would receive under the 1985 status quo formula. Alberta would receive six new seats rather than only three, and British Columbia would receive six new seats rather than only one. Quebec's representation would equal its population, which means it would receive three new seats.

This is the best formula to move all provinces toward representation by population in a principled and fair manner. This fair representation would have a direct effect on my riding in Etobicoke Centre and on the Greater Toronto Area as a whole. It would generally have a direct positive effect on other large urban areas and cities in the three fastest-growing provinces. Canadians, especially new Canadians and visible minorities, would be much more fairly represented than they are now, and the populations of our ridings would be much more manageable.

A benefit of our bill over the opposition's proposals is related to rural ridings not being forced to become even larger than they already are from a geographic perspective. Many of my colleagues who represent rural areas have made this point and have raised concerns that the Liberal proposal in particular would greatly enlarge their ridings. My colleague from Lanark—Frontenac—Lennox and Addington was especially noteworthy on this point. Regardless of the advance of modern technology, rural MPs still find it challenging to stay in touch with and represent the people who live in such wide expanses of country, some of them thousands of kilometres square.

We have to face some realities. Our country is the second-largest country by land area in the entire world. This has particular implications, one being that even given the allowable population variances, many of our rural ridings cannot be anything but incredibly large.

These sorts of ridings are challenging to represent, even given the efforts at better communication through the use of technology and through increased resources. My colleague for Nunavut, the Minister of Health, has to fly to practically every single community within her riding. My colleague for Desnethé—Missinippi—Churchill River represents the entire northern half of Saskatchewan. It is massive. Our colleague for the NDP, the member for Churchill, represents more than the entire northern half of Manitoba. The ridings of northern Ontario, northern Quebec, northern British Columbia and northern Alberta are similarly very large. Ridings that large pose not only a distance and communications problem to MPs but also an enormous time problem. It can take hours to drive or fly to communities within one riding in these rural and northern areas.

The House does provide some extra financial resources to MPs for these areas, but ultimately MPs all have the same amount of time in which to visit their communities. I have the same amount of time to visit the people in my riding as my colleague for Kenora has to visit his. However, I can walk to many community centres in my riding and I can drive from end to end of it in a matter of minutes. That is a luxury of time that our northern and rural colleagues do not have. They have to drive or even fly for hours to reach different community centres.

Kenora, for instance, is fully half the size of the province of Alberta. Kenora is bigger than the country of Poland and much larger than many countries around the world. To impose a formula that would make those time and distance problems even more severe would be highly unfair to those MPs across this House, so that is something we have decided to avoid. That decision is part of the balance that we have struck in this bill, and that balance is important.

We have not claimed that our bill is perfect; it is a balance between competing principles. We do, however, maintain that it is a fair balance, a good balance and a balance that we should all be able to support at the end of the day. We balance fair representation for our faster-growing provinces with protection of seat counts for our slower-growing provinces. We balance the need for faster-growing densely populated areas to have a fair number of MPs with ensuring that our large rural and northern ridings will not get much larger, if at all.

We provide much more equal voting weight for Canadians who live in those urban areas, who are new to Canada, who are visible minorities, or who live in under-represented provinces.

We also provide a formula that does not punish the smaller provinces and that does not cause overrepresented provinces to become under-represented. We think this is a fair balance and one that is based on widely shared and easily recognized principles.

I note that as part of that balance, our government is addressing under-representation in a way that respects the representation of the smaller provinces. This is a long-standing commitment of our government and of our party. Canadians have given us a strong mandate to deliver in this regard, and that is what we will do.

The fair representation act is fair for all Canadians, not just for some provinces. It is a measured investment that brings every single Canadian closer to representation by population. Maintaining fair representation by population allows all members of Parliament to provide adequate services for their constituents. In the GTA and in Etobicoke Centre, it is integral for me and for my staff to ensure that people receive the help they deserve from our constituency offices.

Finally, the fair representation act also provides that the seat allocation formula would apply a representation rule. If a province became under-represented as a result of the application of the updated formula, additional seats would be allocated to that province so that its representation will equal its share of the population. Based on population estimates, Quebec will be the first province to receive new seats in order not to become under-represented by the application of the updated formula. Quebec has 23% of the provincial population and will have 23% of the provincial seats in the House of Commons.

Though the representation rule is nationally applicable and applies to all provinces that enter this scenario, the representation rule is a principled measure to ensure that smaller and lower-growth provinces do not become under-represented in the future and that they will maintain representation in line with their share of the population. This is fair and just.

In addition to the updated formula for allocating seats, Bill C-20 also proposes amendments to the Electoral Boundaries Readjustment Act, the EBRA. The Electoral Boundaries Readjustment Act sets out the process for readjusting electoral boundaries within provinces once the allocation of seats by provinces is known.

Under the current timelines, it would take approximately 30 to 38 months to complete the readjustment process following the release of census results. This would mean the process would not be complete until November 2014. The changes proposed in the bill aim to shorten the timelines in the current boundary readjustment process with a view to streamlining that process. With these changes, it would be possible to bring forward the completion of the boundary readjustment process to early 2014. I think that benefits all parties in the House.

During the hearings at the Standing Committee on Procedure and House Affairs, both the current Chief Electoral Officer, Marc Mayrand, and former chief electoral officer, Jean-Pierre Kingsley, noted that the amendments were consistent with previous recommendations and there would be no problems associated with the new timelines. As Mr. Mayrand stated:

We are confident that we and the commissions will be able to proceed and implement the new formula and the remainder of provisions of the legislation without too much difficulty, provided it's enacted in time.

The fair representation act fulfills our government's long-standing commitment to move toward fair representation. It would bring the faster-growing provinces of Ontario, Alberta and British Columbia closer to representation by population, while protecting the seats of slower-growing provinces and providing seats to Quebec in proportion to its population.

The new formula corrects a long-standing imbalance in democratic representation between the different provinces and our federation. In short, it is the best formula to move toward fair representation in a principled manner. It is reasonable. It is principled. It is nationally applicable. Most of all, it is fair for all Canadians. It will achieve better representation for Canadians living in fast-growing provinces, while maintaining representation for smaller and slower-growing provinces. It brings every Canadian closer to representation by population.

I hope all hon. members in the House will also agree and will come to support the bill in order to restore fair representation to the House.

Fair Representation ActGovernment Orders

December 13th, 2011 / 4 p.m.
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NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, it is a bit disingenuous for the member to say that we should give them the numbers when we have said our plan is based on census figures. We know the Conservatives do not seem to like the long form census. They did away with it. They do not seem to like the census, but we have said that is a much more effective way of looking at this issue. We have other concerns as well, but the reality is the census figures will give us the formula as far as we are concerned.

I am flabbergasted when I look at the plan of the Liberals. They have a rump here in Parliament, but the reality is half of their members of Parliament come from provinces from which they want to take seats away. It just makes no sense at all. They did not say in the last Parliament to elect them and they would get rid of seats in the provinces they represent. It is a very bizarre, unbelievable—

Fair Representation ActGovernment Orders

December 13th, 2011 / 4 p.m.
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NDP

Peter Julian NDP Burnaby—New Westminster, BC

They are yelling now, but the reality is it just makes no sense. They did not come forward to the public last spring and say “elect us and we'll go for lower representation for your province”.

What does the member he think of the Liberal plan to make five provinces effectively losers, certainly not showing leadership, and these provinces are the only places that elected Liberals in the last campaign?

Fair Representation ActGovernment Orders

December 13th, 2011 / 4 p.m.
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Conservative

Ted Opitz Conservative Etobicoke Centre, ON

Mr. Speaker, I am somewhat surprised at the member's response. The hon. member cannot give numbers or some indication of where the NDP would go. The Liberals have at least done that, so we have some understanding of what their rationale is. If the two parties opposite would like to bicker, I am more than happy to sit here and referee.

That is why I believe our plan is the fairest for fair representation across the board. We believe the Liberal plan would cause divisions within the country because it would unfairly reallocate seats without any protections for those smaller provinces.

Fair Representation ActGovernment Orders

December 13th, 2011 / 4 p.m.
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Liberal

Justin Trudeau Liberal Papineau, QC

Mr. Speaker, on the question of provinces losing seats, it is important to underline the fact that since confederation in redistribution, there have been 22 occasions through the course of Canadian history in which individual provinces have lost members and seats in the House. It is not something new. It is not something that has never been done before. It is something that has happened.

Canadians are not worried about how many people are in the House of Commons. They are worried about the proportions of the House that they and their province represent.

My question is specifically on Quebec, where the threshold of being overrepresented or under-represented is so important. How come the member is falsely claiming that the Conservative plan has actually reduced the number of seats for Quebec underneath the actual threshold of population? The proportion of the population is 23.14%, and 23.08% is 78 divided by 338.

There is a real problem that Quebec goes underneath even the basic threshold that the Conservatives have set out as being the minimum requirement for smaller, under-represented provinces. There is a real concern about this because Quebec cannot be under-represented as opposed to its weight by what the hon. member himself had to say.

Fair Representation ActGovernment Orders

December 13th, 2011 / 4:05 p.m.
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Conservative

Ted Opitz Conservative Etobicoke Centre, ON

Mr. Speaker, I reject most of the hon. member's question. I believe we are being very fair to Quebec. I believe Quebecers are not asking, as the hon. member who made his speech prior to mine said, for anything to which they are not entitled. They are asking for fairness and they are asking for fair proportional representation. I think that is all Quebecers are asking for and that is what we are proposing in our plan.

As for the hon. member's comments about historical reallocations, we believe that today, this is the fairest, most even-handed plan that we can come up with for Canadians to have fair representation in the House going forward and with a formula that is able to be easily amended as time marches on.

Fair Representation ActGovernment Orders

December 13th, 2011 / 4:05 p.m.
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NDP

Christine Moore NDP Abitibi—Témiscamingue, QC

Mr. Speaker, I would like to ask a question of my colleague regarding the rural ridings.

If one were to take, for example, three Quebec members, the member for Abitibi—Baie-James—Nunavik—Eeyou, the member for Manicouagan and myself, we represent 75% of Quebec's territory, but only 4% of Quebec members. So, if you consider land mass alone, the levels of representation are disproportionate.

The seats that the government wants to add, regardless of the province, are primarily in urban regions where there is demographic growth. My concern is how to ensure that the rural ridings maintain their political weight in the House of Commons. There are not a lot of members representing the big ridings. So how do we maintain our political weight and our role as spokespersons?

Fair Representation ActGovernment Orders

December 13th, 2011 / 4:05 p.m.
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Conservative

Ted Opitz Conservative Etobicoke Centre, ON

Mr. Speaker, the hon. member is a colleague of mine in the defence committee and somebody who has shared service in the Canadian Forces with me. I would like to thank her for her service.

This plan, as I addressed in my speech, will address rural ridings. As I pointed out, many rural ridings are so vast and so huge, it is very difficult for members of Parliament to communicate effectively with their constituents. When we cannot communicate effectively, we therefore have no fair representation for those people because their voices are muted.

That is something this will address in the fair rebalancing by representation in the House. I think that will address the issue the hon. member brought up.

Fair Representation ActGovernment Orders

December 13th, 2011 / 4:05 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I have a question for my hon. colleague from Etobicoke Centre.

The issue of how to approach this is not easy. I recognize the government has made an attempt through this legislation, but I cannot believe that most Canadians think it is a good idea to add 30 more members of Parliament to the size of the House.

I have been quite impressed with the Liberal proposal. I did not expect to be, and I will be candid about that. I really thought I was happy with the government's approach, but the Liberal approach made us rethink and then the Green Party came up with our own approach, which the president of the Green Party brought before committee and was able to testify about it.

Even if we go with the government's approach, I still think we have to find a way to limit the cost. Has the government given any consideration to a point I made earlier in this debate, and that is could we reduce proportionally a bit from each of our salaries to cover the cost of these 30 new MPs and all the costs that will involve?

Fair Representation ActGovernment Orders

December 13th, 2011 / 4:05 p.m.
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Conservative

Ted Opitz Conservative Etobicoke Centre, ON

Mr. Speaker, I see the member is gravitating toward the Liberals, so perhaps the team colour might change to a reddish-green sort of hue. She is already in that corner. It is Christmas after all.

I do not accept the premise of the member's question. There are costs associated, and this is the cost of democracy. This must be applied to ensure that every Canadian gets fair and proportional representation by all of the members of Parliament.

Fair Representation ActGovernment Orders

December 13th, 2011 / 4:05 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, the leader of the Conservative Party, today's Prime Minister, at one time recognized that the Liberal Party's position was in fact the best position on the table, and that is we maintain the number of seats at 308. At one time, he said that we should have fewer members of Parliament.

What does he believe caused the Prime Minister to flip-flop to the degree where he now believes we should have more members of Parliament, something which the vast majority of Canadians do not want?

Fair Representation ActGovernment Orders

December 13th, 2011 / 4:10 p.m.
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Conservative

Ted Opitz Conservative Etobicoke Centre, ON

Mr. Speaker, I would not presume to get into the right hon. Prime Minister's mind. That question is better addressed to him.

We believe that time marches on. Today, this is the situation and the circumstances we are faced with in delivering fair and proportional representation to all Canadians and this is the direction and the path we will be following. Canadians elected us to do that. We have a strong mandate to do that. We will follow through on the promises that we made to Canadians.