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 / 1:55 p.m.

Liberal

Justin Trudeau Liberal Papineau, QC

Mr. Speaker, I appreciate the intervention from the member for Winnipeg Centre, who always gives us a passionate speech in defence of our country and a reflection of where we go forward from here.

However, as the official opposition, as a party that is proposing that it is ready to govern this country, when the Conservatives put forward a proposal to give 30 more seats, we have given zero more seats in this House.

I would like the straight-shooter from Winnipeg Centre to please tell us exactly how many more seats the NDP plan would add to this House of Commons.

Motions in AmendmentFair Representation ActGovernment Orders

December 6th, 2011 / 1:55 p.m.

NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Speaker, we have put forward a private member's bill, after much thought and consultation with the constituent groups that form the official opposition, that would put in place a framework and a foundation that would underpin the consultation that would lead to the answer to the question that my colleague has put.

The difference between us and the Conservative Party in this matter is that it is important for us to get the fundamentals in place and build from the foundation up in a consultative approach instead of a prescriptive approach. We are proposing a consultative approach.

Motions in AmendmentFair Representation ActGovernment Orders

December 6th, 2011 / 2 p.m.

NDP

Charlie Angus NDP Timmins—James Bay, ON

Mr. Speaker, I have been hearing from the Conservatives that because there is a need to reflect the suburbs better that is, to some extent, to the democratic deficit in this country. What they do not talk about is the inability of many Canadians to actually see their elected representatives because they represent ridings that are so huge.

For example, in my riding, it costs over $1,000 to fly from Attawapiskat to Timmins just to meet with the elected representative.

Why does the member think that the larger issue of the diversity of this country is being ignored by the government that is focused solely on the suburbs?

Motions in AmendmentFair Representation ActGovernment Orders

December 6th, 2011 / 2 p.m.

NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Speaker, it is true that we should be careful not to take too simplistic an approach toward representation in this country. It is not as simple as taking the population and simply dividing it and getting the number of seats. We have never been that way in this country.

A number of elements and factors need to be considered before the design of this chamber is agreed upon. P.E.I. and northern Canada have been used as examples. Providing reasonable representation is not as simple and straightforward as the Conservatives would have us believe.

The House resumed consideration of Bill C-20, An Act to amend the Constitution Act, 1867, the Electoral Boundaries Readjustment Act and the Canada Elections Act, as reported (without amendment) from the committee, and of the motions in Group No. 1.

Fair Representation ActGovernment Orders

December 6th, 2011 / 3:10 p.m.

Conservative

Kyle Seeback Conservative Brampton West, ON

Mr. Speaker, I appreciate the opportunity to once again rise to speak to Bill C-20 the fair representation act. I spoke in support of this bill about a month ago. I will continue to give it my strong support today.

As mentioned in my previous remarks on this bill, my riding is the largest riding in Canada, according to the last census. I am quite confident that the new population figures will confirm that my riding continues to be one of the largest in this country.

I am certainly proud to represent the fine people of Brampton West, and there are many of them. It is striking to see the differences in population between my riding and some others in this country. For instance, the population difference between my riding and the average national riding is large enough to warrant another riding.

The problem that we all face is not strictly about numbers but about principles. Representing as many people as I do is not the problem. The problem is that those people's votes do not carry the same weight as the votes of other Canadians. My constituents are not alone in this.

In fact, it is an odd twist of fate that over 60% of Canada's population now finds itself increasingly under-represented. The votes of over 60% of Canadians are worth increasingly less than the other 40%. My point is not to pit Canadian against Canadian. My point is that the principles behind the formula that make this odd twist of fate are out of step and must be rebalanced to provide fairness for all Canadians. That is something we should try to fix. This bill can fix this issue.

As I remarked last month, Bill C-20 is a fair and reasonable fix to voter under-representation in Canada. We committed in the last election to address this issue and bring forward legislation. This legislation would fulfill that commitment.

We made three distinct promises to Canadians during the last election with respect to fair representation. This bill would live up to every one of those promises. First, we committed to increasing the number of seats now and into the future to reflect the population growth in the faster growing provinces of British Columbia, Ontario and Alberta. Second, we committed to protect the number of seats for smaller provinces. Third, we committed to protect the proportional representation of Quebec. The vote of every Canadian, to the greatest extent possible, should have equal weight in the House. Without the passage of this bill, we will in fact continue to move away from that fairness.

The proposal that has been put forward by the NDP would also continue the current unfairness. Its proposal is to guarantee a fixed percentage of seats now and indefinitely into the future to one province, regardless of that province's population. I do not think that is fair, nor do Canadians think it is fair, to give one province special treatment that is not available to other provinces. We do not even think the proposal by the NDP is constitutional.

The fact is that the NDP proposal violates the principles of proportional representation in our Constitution. It would completely depart from the principle that a province's population should determine its seat count to the greatest extent possible and that, to the greatest extent possible, each province should be represented fairly and proportionally. Even more disappointing is that the NDP proposal would further penalize the provinces, such as my own, that are already seriously and increasingly under-represented. It would ensure that this under-representation continued into the future.

There is no getting around that. Fixing one province's seat percentage at a certain level that is above that province's percentage of Canadian population has the unavoidable result of causing the larger and faster growing provinces to be further under-represented. As I say, this is a disappointing position for the official opposition. It is a bad idea that, even if it were possible, sabotages the very principles that New Democrats purport in their bill. They argue theirs is fair, but it is clearly unfair to all of the other provinces.

The NDP plan would lead to far higher seat growth in the House. While we believe that there is an investment in democracy and in fair representation that needs to be made, that plan goes too far. It is unnecessary and it goes in the wrong direction.

Our bill, on the other hand, is principled. It has a national application for all provinces and it strikes a fair balance. The faster growing provinces need to be treated much more fairly. Failing to provide a fair level of representation to these rapidly growing provinces and regions is to deny, in particular, new Canadians and visible minorities their rightful voice in this chamber.

My riding is home to approximately 55% visible minorities. Their votes are significantly under-represented in this House. The NDP bill would exacerbate that situation. It is just not fair. With our bill we are moving towards much fairer representation for Canadians and for all growing provinces. As the minister has said, Canadians from all backgrounds in all parts of the country expect and deserve fair representation.

We have allowed the House to move too far away from representation by population and that cannot be allowed to continue. We are getting back to fairness with our bill. I encourage all of my colleagues to support this bill, regardless of what party or province they may come from.

The bill, the fair representation act, is a principled update to the formula allocating seats in the House of Commons. It is fair, it is reasonable and it is principled. It will achieve better representation for the faster growing provinces where better representation is so desperately needed. It delivers on our government's long-standing commitments. I am proud to stand in the House today and say that I fully support this legislation.

Fair Representation ActGovernment Orders

December 6th, 2011 / 3:15 p.m.

Liberal

Stéphane Dion Liberal Saint-Laurent—Cartierville, QC

Mr. Speaker, when the member said that we should not pit one region against another, is he saying that is what they are doing in the rest of the world?

Why would Canada be the only parliament where fairness means forever adding seats and politicians? This is something that Canadians do not want. Why is it that, in the last 22 times that we changed Liberal seats from one province to another, which was a common practice in Canada, nobody said that it was not fair?

It is part of life. It is part of democracy. It is what we should do. Why not?

Fair Representation ActGovernment Orders

December 6th, 2011 / 3:15 p.m.

Conservative

Kyle Seeback Conservative Brampton West, ON

Mr. Speaker, I know my colleague has put some hard work into the proposal that the Liberals have put forward.

I have to say that at least they have put forward a proposal that has a certain allocation of seats. This is unlike the members of the NDP, who in this House were asked at least four times when I was here what their specific number was. They danced, they moved, they did everything they could to not answer the question.

With respect to the substance of the question, I disagree with what the member is saying. The legislation the Liberals are proposing actually does pick winners and losers. It would take away seats from one province and give them to another. We do not need to go down that road. We do not need to say to Quebec that its seats would now go to Ontario, or Manitoba's seats would go to Alberta. Those are the kind of regional differences we do not need to inflame in this country. Our legislation addresses that, while theirs does not.

Fair Representation ActGovernment Orders

December 6th, 2011 / 3:20 p.m.

Liberal

Ted Hsu Liberal Kingston and the Islands, ON

Mr. Speaker, the principle is that a certain percentage of the population would get a certain percentage of the seats. We could do that with 250 seats, or 300 seats or 350 seats. It is not a matter of taking away particular seats. If we gave 100 seats to B.C. would everybody else be hurt? Yes, because the proportion of seats for people in Ontario, for example, would decrease.

Does the member not understand that it is proportion that matters? Their solution is simply to add more and more seats. Fifty years from now there would be 700 seats in the House of Commons.

Fair Representation ActGovernment Orders

December 6th, 2011 / 3:20 p.m.

Conservative

Kyle Seeback Conservative Brampton West, ON

Mr. Speaker, does my friend not understand that we have constitutional guarantees for certain seats for certain provinces? Is he suggesting that we get rid of those? It would appear he is.

We also have certain legislative elements that set certain benchmarks for seats. Is he saying that we get rid of those? Again we would be pitting provinces against provinces.

We would be saying that one province's seats would be taken away. We would take away the legislation that was designed to protect its seats. That plan says, “That is gone. We are giving it to someone else. Too bad, you lose and somebody else wins”.

That is not what we are doing. That is what they want to do. They want to pit region against region, take seats from one province and give them to another. It is not how we are going to do it.

Fair Representation ActGovernment Orders

December 6th, 2011 / 3:20 p.m.

Conservative

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

Mr. Speaker, would my colleague comment on the Liberal proposal which would cause the loss of some seats in some of the smaller provinces? Does he think that it is fair and equitable for Nova Scotia and New Brunswick to have the same number of seats even though their populations are substantially different, or does it bring us closer to or draw us further away from representation by population vis-à-vis those two small provinces?

Fair Representation ActGovernment Orders

December 6th, 2011 / 3:20 p.m.

Conservative

Kyle Seeback Conservative Brampton West, ON

Mr. Speaker, the Liberal proposal would do exactly that.

The other thing that the Liberals have not told us about their proposal is that they would make rural ridings exceptionally larger to get closer to representation by population, which would make those ridings much more difficult to manage. We heard a member stand today to say that it is difficult for his constituents to come and do that.

We need to balance all kinds of different interests to ensure the country works for everyone. We will not create gigantic ridings for rural Ontario in order to compensate taking seats away from different provinces, like the Liberals want to do.

Fair Representation ActGovernment Orders

December 6th, 2011 / 3:20 p.m.

NDP

Matthew Kellway NDP Beaches—East York, ON

Mr. Speaker, I am pleased to rise today in the House to speak to Bill C-20, An Act to amend the Constitution Act, 1867, the Electoral Boundaries Readjustment Act and the Canada Elections Act.

I recite the full title of this bill with purpose. The reference to our Constitution Act, in particular, serves as a caution to us all. It advises us, implicitly at least, that in consideration of this bill we must tread, if not cautiously then at least with great sensitivity.

I think it is true to say that this bill does not proceed with sufficient sensitivity to the nature of this country. The principle of representation by population is a reasonable and supportable principle. I would acknowledge that it is responsive to some very obvious practical considerations.

I am aware that there are ridings in this country whose populations have increased dramatically owing to immigration and/or urban transformation, in particular suburbanization. All of us in this House are aware of the ongoing challenge of connecting with our constituents, as they deserve, in a meaningful and personal way. I would acknowledge that in some ridings these challenges are greater than in others owing to the distribution of our population. There is, too, the issue of votes in highly populated ridings, in a sense, counting for less than in lesser populated ridings.

However, it is the case with all principles that their application, irrespective of context and specific circumstances, leads to issues and sometimes have a contradictory effect. This bill and its central principle of representation by population is a case in point.

Our country is a strong country. As the last century or so of state building around the world comes under significant challenges, if not simply undone, Canada stands out internationally as a stable and united country. While this is the truth about Canada, we are wise to remember that our history has not been without moments when our future as a country has come into question. That history is a reminder that we must never take for granted our collective existence as a country.

This is an incredibly complex country. I do not think we can overstate how complicated it is. I am not sure, in fact, how fully we have even grasped that complexity. We were born of treaties with first nations. There have been battles within between founding nations. There have been triumphs over greater forces that ensured our sovereignty. Then, just when we think we have a firm grasp on this history, from time to time our history is revisited and revised in a profound way to make better sense of how we came to be and survive as one country.

However, through all of that, our very existence today suggests that this country was built on a solid foundation. If we are to carry on together as one, then it is not enough to know that there is a strong foundation. We must know what that foundation is. We must understand what it is that allows that foundation to carry on supporting a society that is growing and changing, becoming increasingly diverse and enduring irrespective of changes in the global context in which we exist.

These are my thoughts on that foundation. I think that Canada provides, if not perfectly then at least sufficiently, a sense common to or shared by enough of us that we belong together and could not do without one another, or at least that we would not feel whole without the other.

It is not the whole of our foundation, we are much too complex for that, but at the heart of this sense of belonging together is our recognition that Quebec is a nation within this united Canada. This fact, I am so pleased to say, was unanimously recognized by this House just over five years ago.

Herein lies the fundamental flaw of the bill before us. It fails to recognize, reflect and incorporate that truth about Canada. It fails to acknowledge that it is this recognition that is so essential to so many of us feeling that we belong here together. It fails to acknowledge that it is this fact, perhaps in some strange, counterintuitive way, that affirms us as a single country and allows us to endure as a single country.

We are about 33 million individual stories in Canada. Each of us would have our own way of articulating our sense of belonging but I know that critical to millions of us is the recognition of Quebec as a nation within Canada and its inclusion in Canada on that basis. It is not just to the people of Quebec that this matters.

I was born in Quebec, just across the river from this place, to a young francophone mother but I was adopted at an early age and raised in Kingston, Ontario. I call Kingston my hometown. Quebec, I recognize as different and yet it is also a part of me and a part without which I would not be whole. I think the same is true of Canada.

Therefore, this bill must, if we are to be sensitive to the foundation upon which we were built and have endured, recognize Quebec's place in this country. This bill should be an opportunity to continue to reinforce that foundation, to continue to build this country. I think it is the case that countries are not just built once or at least not just once in a way that will allow them to endure. We are too dynamic a society and too interactive a world to set in concrete the foundation that will provide forever a sense of belonging to all. That foundation must be reinforced time and again to ensure that we, with all our diversity and all the pushes and pulls that act upon us, feel like we belong together.

To do so, it is to our benefit to ensure that each province has the number of seats it is entitled to based on its population and the principle of proportionate representation,. However, we can also ensure that Quebec maintains its current weight in the House of Commons at the time that we recognize it as a nation within a united Canada. Bill C-20 fails to do this by reducing Quebec's relative weight in this House. For this reason alone, Bill C-20 requires amendment.

Fair Representation ActGovernment Orders

December 6th, 2011 / 3:30 p.m.

Liberal

Stéphane Dion Liberal Saint-Laurent—Cartierville, QC

Madam Speaker, it is 3:30. There is still time for the NDP to table its numbers.

My colleague said in his speech that each province must have the number of seats that it is entitled to. In the NDP plan, that means a House of how many seats? We need a number. It is a very simple question. Canadians deserve to know how many seats the House would have with the NDP plan.

We know the answer with the Conservative plan. The financiers would be interested in that. The government is cutting everywhere but it wants to increase by 30 seats the number of politicians in Canada.

What are the NDP numbers?

Fair Representation ActGovernment Orders

December 6th, 2011 / 3:30 p.m.

NDP

Matthew Kellway NDP Beaches—East York, ON

Madam Speaker, I would remind my colleague, as his fellow caucus member from my hometown, Kingston and the Islands, just mentioned, that this is an issue about proportions in this House and not just about numbers. It is the position of this party that Quebec retain that proportion of the seats in this House that it had at the time in which we recognized its place within this country in 2006.