Fair Representation Act

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

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

Sponsor

Tim Uppal  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

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

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

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

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

Second ReadingFair Representation ActGovernment Orders

November 3rd, 2011 / 12:15 p.m.
See context

Bloc

André Bellavance Bloc Richmond—Arthabaska, QC

Mr. Speaker, I would like the hon. member to answer a question I asked one of his colleagues yesterday—the member would have to stay here, though—about the NDP amendment. If the amendment is rejected by the House—which is what will most likely happen, considering the Conservatives' attitude on this—what will the NDP's position be regarding the actual vote on the Conservative government's bill? I would remind the member that the bill denies the Quebec nation's rights and goes against the will of Quebec, particularly that of the Quebec National Assembly, which has unanimously adopted motions on several occasions calling on the government to maintain Quebec's political weight here in this House.

Second ReadingFair Representation ActGovernment Orders

November 3rd, 2011 / 12:15 p.m.
See context

NDP

Joe Comartin NDP Windsor—Tecumseh, ON

Mr. Speaker, as for our position, we in the NDP want the political weight of Quebec to remain unchanged. It absolutely must stay the same, if possible. That is our position and we will continue to fight for that.

Second ReadingFair Representation ActGovernment Orders

November 3rd, 2011 / 12:15 p.m.
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Bloc

Jean-François Fortin Bloc Haute-Gaspésie—La Mitis—Matane—Matapédia, QC

Mr. Speaker, I would like to ask the honourable NDP member a question regarding the relatively short speech he just made. I was in the House when the speech was shortened because so little time was allocated. I would like to know what the member really thinks of Quebec's political weight, which will decrease under the bill introduced by the government. We heard the Liberals' position yesterday. I would like him to compare the positions taken by the government, the Liberals and the NDP.

Second ReadingFair Representation ActGovernment Orders

November 3rd, 2011 / 12:15 p.m.
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NDP

Joe Comartin NDP Windsor—Tecumseh, ON

Mr. Speaker, my understanding is that the Liberals do not want any changes. They do not wish to add any seats in this chamber. To answer the rest of the question, it is very clear that the position of the Conservative government at this point is that three seats should be added in Quebec. That is all it is willing to do and we do not find this acceptable.

Second ReadingFair Representation ActGovernment Orders

November 3rd, 2011 / 12:15 p.m.
See context

Conservative

Kyle Seeback Conservative Brampton West, ON

Mr. Speaker, I appreciate the opportunity to speak today in support of Bill C-20, the fair representation bill.

Last week, I had the privilege of being in Brampton with the Minister of State for Democratic Reform when we introduced the bill. I was happy to host him in my riding because Brampton West, as members of the House may or may not know, is somewhat of a poster child for the need for additional representation in the House of Commons.

As the minister mentioned yesterday in his remarks, according to the 2006 census, my riding was the largest in Canada. I have to admit that may not necessarily be the case now, as my friend from Oak Ridges—Markham may have overtaken me in the last five years, but I still represent one of the largest ridings in the country.

By the last census, Brampton West was home to the largest number of Canadians in any one constituency, in excess of 170,400 people. The population growth has continued and the number of people in my riding has significantly increased and, by my estimates, now stands at approximately 190,000 people. As the minister remarked yesterday, that 170,000 compares to an average national riding size of just under 113,000. That is quite a gap. Representing that many people is a challenge.

I represent a lot of people in a small geographic area. I also recognize that representing a smaller number of Canadians but over an exponentially larger riding is also a daunting challenge of a different type, which many of my colleagues face.

Which ridings are largest, whether on the basis of population or land, is not as important as the principles of fairness behind the system that apportions our ridings. The current formula that determines the number of seats in each province is unbalanced and needs a fix. In fact, under our current formula, Ontario would only receive three additional seats. This bill is a fair, principled and reasonable fix.

The bill also fulfills our government's commitment to move toward fairer representation in the House of Commons. During the last election, we made three distinct promises to Canadians with respect to fairness in representation.

First, we committed to increasing the number of seats now and in the future to better reflect the population growth in the faster growing provinces of British Columbia, Ontario and Alberta. Second, we committed that we would continue to protect the number of seats for smaller provinces. Finally, we committed to protecting and ensuring the proportional representation of Quebec.

We made those promises during our election campaign and Canadians delivered a strong, stable, national, majority Conservative government. Our strong, stable, national, majority Conservative government will be fulfilling those promises with this bill.

Canadians strongly believe in fairness in representation. Fairness in representation for all Canadians is an important goal. We said this before and we will continue to say it. The vote of every Canadian to the greatest extent possible should have equal weight. Without the passage of the bill, we will continue to move away from fairness.

The faster growing provinces need to be treated much more fairly. Furthermore, failing to provide a fair level of representation to these rapidly growing provinces and regions is to deny new Canadians, and visible minorities in particular, their rightful voice in the chamber.

I have the privilege of representing a riding that has a large number of visible minorities and new Canadians. By recent statistics, Brampton West is home to a 55% visible minority population and their votes right now are not being treated equally with other voters across this country.

The proportion of new Canadians living and arriving in the fast growing areas of the country is much higher than elsewhere. Population projections confirm this. The GTA, the region where I come from, is projected to grow by 50% over the next 20 years. A similar trend is projected for Vancouver, Calgary and Edmonton.

The number of visible minorities in our country will continue to grow. In fact, Statistics Canada reports that, by 2031, one in three Canadians will be a visible minority, up to 14.4 million Canadians. The fact is Canadians in the fastest-growing areas of our provinces are being severely shortchanged with their representation. The effects of the representational imbalance are real. They are real for Canadians in fast-growing provinces whose voices are not heard in the chamber, not represented here and not heard as strongly as they should be.

By allowing under-representation to continue, we are sending a signal to those Canadians that their interests are not as important as those from other regions of the country and that they should somehow count for less. That is not fair. This is not what we should be saying to the, but it is the result of the current flawed formula and it will stay that way until we change it.

The bill proposes to change it and change it in a principled, balanced and fair way. That is why I do not understand the reasoning behind the NDP's amendment. It moved an amendment yesterday to refuse to give second reading to the bill, and I am quite surprised. I recall just last week, on the day we introduced the bill, the NDP critic, the member for Hamilton Centre, sat beside his leader and told the assembled media that this was a good bill. He said that the bill was a positive step that moved in the right direction. We are still moving in the same direction and the direction has not changed. We are moving in the direction of fairer representation for Canadians in faster-growing provinces who are increasingly under-represented.

This problem is particularly serious in and around my riding. Within a 15-minute drive of my riding, I can reach seven of the ten largest ridings by population in all of Canada. The member for Hamilton Centre can get to all of those seven ridings in a fairly short trip as well. He is from an urban centre just as I am. He knows we face large representation problems that must be fixed. He has said so in the past. In fact, a large number of his NDP colleagues should well know the under-representation problems we face. After all, many of them were elected in the hearts of urban centres.

There are fundamental and important questions that need answering and fairness that needs achieving. The NDP amendment says no, that there will be no answers. It says that New Democrats do not want balanced, reasonable, nationally-applicable fairness. It says that they want something else. They are wrong. New Democrats do not seem to be on board with ensuring fair representation to the rapidly-growing populations of Canadians in Ontario, British Columbia and Alberta. Instead, they are obstructing this fair and reasonable bill and attempting to offer a flawed alternative in its place. Their alternative has dubious constitutional credentials and I personally do not think it will fly.

As I have said, their bill's viability aside, we are dealing with important issues of fundamental, democratic fairness. These issues get to the heart of our ability to be effective representatives for our constituents. One of the greatest demands of constituents is a sense of equality in their voting power and privilege. Their votes should have roughly equal weight. As we all know, right now that is not the case.

Taking a look at the riding of Brampton West is the perfect example of that. The riding of Brampton West has a larger population than Prince Edward Island, which has four members of Parliament. The voices of voters in Brampton West are not being treated equally.

Yes, change is a very complicated thing, no one is denying that, and I understand the desire to get it right, but we cannot make perfect the enemy of very good. There is no way we will ever have a perfect system of representation by population in Canada. We have other competing but equally-important principles that must also be preserved for the health of our country. We do not propose to move so far toward representation by population to disturb the other constitutionally-enshrined principles.

Bill C-20 would allow smaller and slower-growing provinces to maintain their current number of seats. This is fair. We must maintain their effective representation. The legislation would also fulfill our platform commitment to maintain Quebec's representation in the House of Commons at a level proportionate to its population. That is also fair. We are keeping our promise that we made to Quebeckers.

We will also be fair by ensuring that the seat allocation formula will ensure it does not move overrepresented provinces under the levels which their populations warrant. This is also a very important point, as it will protect and promote the principle of proportionate representation, one of the fundamental principles in our Constitution, right along with representation by population. As we have been emphasizing, the bill would also better respect and maintain representation by population. The bill has national application that is fair for all provinces.

As the minister has said, Canadians from all backgrounds in all parts of the country expect and deserve fair representation. However, we have allowed the House to move too far away from representation by population, that founding constitutional principle. The gap between how many voters an MP represents in a fast-growing province compared to one in a smaller or slower-growing province has never been greater. The gap today is bigger than at any point in our country's history since 1867. I know first-hand about that inequality and it is something we absolutely have to change.

While balancing the need to respect the other foundational principles, we need to move much closer to representation by population. Bill C-20 would do that by increasing the seat counts for the faster-growing provinces, both now and into the future, by ensuring that population growth would be more accurately factored into the seat allocation formula. In this way, the principle of representation by population would be followed to a much larger degree, which would be fairer to all Canadians.

The representation gap that my colleagues have spoken of will become much smaller and the fast-growth problem, under the current formula, will be stopped. This bill would ensure that when we allocated seats to each province, we would use the best data available to us.

This too speaks to fairness. Instead of using the census population numbers, the bill would use Statistics Canada's annual population estimates. These estimates provide the best data we have on the total provincial populations across the country. In this way, we will ensure that Canadians in the fastest-growing provinces get the representation that they so well deserve. This will be especially helpful for people in areas just like mine because their growth will not stop in these fast-growing areas. Day after day, week after week more residents are moving into the fast-growing areas and into Brampton West. I witnessed them replacing the rows of corn that used to grow, with rows of houses. This growth will not stop and we cannot continue under the same formula.

We will also maintain the independent process that draws the riding boundaries in every province, ensuring that process also has the best data available to it. The readjustment of the electoral boundaries will be done using the census data, as it always has been done.

The minister and my colleagues have made this point before me, but it is important to make it again. There will be no change to the independent boundary process. It will remain fair, impartial and independent. As has been pointed out, we will make some changes to streamline the process. We will make some timeline changes, though they will not affect the quality of the process, only the timing.

I have made the point already that if we wait too long, Canadians will have to go on for another decade, with worse and worse representation. That is not acceptable. On this side of the House, we will ensure that this does not happen.

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

Second ReadingFair Representation ActGovernment Orders

November 3rd, 2011 / 12:35 p.m.
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NDP

Claude Gravelle NDP Nickel Belt, ON

Mr. Speaker, before we resumed this part of the day, I asked the minister if this would affect the ridings of northern Ontario. I told the minister that some of the ridings in northern Ontario were bigger than some provinces. The minister did not answer. He skated around the question.

Therefore, would the member tell me if northern Ontario will lose ridings because of the redistribution?

Second ReadingFair Representation ActGovernment Orders

November 3rd, 2011 / 12:35 p.m.
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Conservative

Kyle Seeback Conservative Brampton West, ON

Mr. Speaker, as my hon. colleague well knows, the decisions on how the ridings will be distributed will be made by an independent, impartial commission. It will do it in the best interests not only of Canadians, but of Canadians and Ontarians who live in the north to ensure the representation is fair going forward.

Second ReadingFair Representation ActGovernment Orders

November 3rd, 2011 / 12:35 p.m.
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Liberal

Judy Sgro Liberal York West, ON

Mr. Speaker, my hon. colleague has not been here a long time, but the issue of redistribution of and adding seats has been talked about for very long time.

I also remind my hon. colleague about the massive deficit that our country is facing and the layoffs of public servants that we know is happening. A lot of people throughout Canada are unemployed.

Does he really think Canada needs more MPs at this time? Is it not fact that for those whose ridings are geographically challenged or have a population in excess of a certain number, they could simply add an extra staff member to those ridings and continue to serve their constituents just fine?

Second ReadingFair Representation ActGovernment Orders

November 3rd, 2011 / 12:35 p.m.
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Conservative

Kyle Seeback Conservative Brampton West, ON

Mr. Speaker, I appreciate the opportunity to respond to these types of criticisms.

We are moving toward fairer representation. That is the fundamental principle of the bill. The people in Brampton West should have their vote be relatively equal to the people who vote in Prince Edward Island or in my hon. colleague's riding. The bill seeks to address that issue.

We are not going to leave the number of seats in the House of Commons the way it is, like the Liberals are proposing, or pick winners or losers. My question to my friend opposite is this. Who are the winners and losers they are picking under their formula? Which provinces are they taking seats away from? Could the member advise the House of that?

Second ReadingFair Representation ActGovernment Orders

November 3rd, 2011 / 12:35 p.m.
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Ajax—Pickering Ontario

Conservative

Chris Alexander ConservativeParliamentary Secretary to the Minister of National Defence

Mr. Speaker, as we all know, the principle of proportional representation was established in Canada in the middle of the 19th century at a time when there was no income tax for individuals. We did not have the corporate tax structure we have now.

Would the member not agree with me that today when the role of the House in determining government spending, in ensuring accountability for taxpayers, the principle of proportional representation is more important than ever and that by opposing these measures through a period of minority government over the last seven years and in the current Parliament, the members opposite, in both parties, are in effect opposing equity and accountability for taxpayers for the way that their hard-earned money is spent by the Government of Canada?

Would the member agree with me on that?

Second ReadingFair Representation ActGovernment Orders

November 3rd, 2011 / 12:35 p.m.
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Conservative

Kyle Seeback Conservative Brampton West, ON

Mr. Speaker, as I have listened to the debate in the House and heard the comments made outside of the House by members of the opposition, I am still unable to understand why they do not want to support the principle of fairness, fairness on all the levels that my friend just mentioned. This is something that is of central importance to Canadians. I know it is of central importance to the voters of my riding of Brampton West. They talk to me about it. They want us to move forward with this and that is exactly what we will do.

Second ReadingFair Representation ActGovernment Orders

November 3rd, 2011 / 12:35 p.m.
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NDP

Jamie Nicholls NDP Vaudreuil—Soulanges, QC

Mr. Speaker, this country, and this chamber in particular, has a long history of debates about representation. We know that Quebec had a special place in the House of Commons when our country was established.

I would like to ask my colleague, because another colleague mentioned the 19th century, what the representation of Quebeckers is under the Constitution Act, 1867, in particular section 51. Can the member explain to the House what section 51 means and tell us if the bill is consistent with that section? Can he clarify section 51 of the Constitution Act, 1867 for the House?

Second ReadingFair Representation ActGovernment Orders

November 3rd, 2011 / 12:40 p.m.
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Conservative

Kyle Seeback Conservative Brampton West, ON

Mr. Speaker, of course Quebec is special to the Canadian federation. It always has been and it always will be. The proposals that we are making in the bill are constitutionally sound and on a good footing.

My question for the member opposite is, when he says there should be more seats for Quebec than it is being granted, what does he say to the voters in my riding? Will he go up to them and say, “I'm sorry sir, I'm sorry madam, you deserve to be continuously under-represented so we can have more seats for Quebec”. Is he willing to go to my riding and ask voters that question?

Second ReadingFair Representation ActGovernment Orders

November 3rd, 2011 / 12:40 p.m.
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Liberal

Geoff Regan Liberal Halifax West, NS

Mr. Speaker, I listened with interest to my hon. colleague's speech, in particular to a question to my colleague from York West, because it seems to me he is suggesting that there would be an ongoing process whereby every few years more and more members would be added to the House of Commons in an unlimited manner.

Based on what he is saying, if we are never prepared to take away seats from a province because of the fact that its population has not increased as much as other provinces, then we will always add more and more members. On that basis we would add on an infinite number of members in the House. We could have 1,000, 2,000. It could go on and on. Is that not unreasonable and unrealistic? Is it not possible to find a fairer way to adjust the numbers across the country without continually adding numbers to the House?

Second ReadingFair Representation ActGovernment Orders

November 3rd, 2011 / 12:40 p.m.
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Conservative

Kyle Seeback Conservative Brampton West, ON

Mr. Speaker, the current formula as proposed in the bill does allow for reductions in seats based on population decline. However, what we are not prepared to do on this side of the House, what we keep hearing from that side of the House, particularly in that corner, is to pit Canadians against each other. They want to pick winners and losers. They want to say this province should have more and therefore we are taking away from that province.

That is not how we are going to approach this issue. We want all Canadians to be together behind the bill so they have fairer representation. We are not going to follow the model proposed by members from that party.