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.

Security of Tenure of Military Judges ActGovernment Orders

November 4th, 2011 / 12:45 p.m.
See context

Bloc

André Bellavance Bloc Richmond—Arthabaska, QC

Mr. Speaker, it is a pleasure for me to participate in the debate on Bill C-16. The Parliamentary Secretary to the Minister of National Defence is well aware that the Bloc Québécois supports this bill.

What we take issue with is that the parliamentary secretary has said in the House that we have failed to provide unanimous consent, which is completely false. I will give an example. Today, I gave unanimous consent, on behalf of the Bloc Québécois which I represent, to the agreement between the Cree and the federal government. We had already given our word and consent with respect to this bill.

With regard to Bill C-16, we were asked for our support yesterday at the same time that we were asking for unanimous consent to pay tribute to veterans. Remembrance Day is at hand. We are all wearing poppies—I see, Mr. Speaker, that you are wearing one also—to commemorate the battles fought by our veterans, the people who went overseas to fight in two world wars and other conflicts, which unfortunately should not have occurred but did, and who fought for our freedom.

The dean of the House of Commons, the member for Bas-Richelieu—Nicolet—Bécancour, wanted to rise, like members of other parties, and pay tribute for a few minutes to the people who fought to protect our freedom and to prevent dictators from taking control of the world and suppressing freedoms, as was recently the case in Libya. The leader of the Green Party also wanted a few minutes to address the people and pay tribute to our veterans. This was refused by lack of unanimous consent. We were simply told that the Conservative government had the right to do so and that it was within the rules.

I know that the government was probably afraid that the Green Party and the Bloc Québécois would use this precedent to intervene and rise often in the House, saying that they want to be recognized as parties. We have known from the beginning that we do not have 12 members, just 4, and that the leader of the Green Party is the only member of Parliament for her party. For that reason, the interim leader of the Bloc Québécois specifically stated yesterday, when making the request, that he did not want to set a precedent and that he simply wanted to make a statement.

That was one of the lowest moments I have experienced since being elected in 2004. I have rarely seen a government rebuff the opposition parties in a such a way and on such an occasion.

We did not give our unanimous consent to Bill C-16 then and we are opposing it today because the fault lies with the government for not being alert enough to introduce it sooner. The government could have introduced this bill as early as September 19, when Parliament resumed, but it waited until October 7. The government has also introduced a series of bills and has prevented the opposition from debating them and discussing them properly by moving closure and time allocation motions five or six times. I do not even know how many there have been, but closure has been moved on at least five or six bills. We cannot follow the normal legislative process because the government is in a very big hurry. It made legislative choices, but Bill 16, which we are discussing today, was not part of them.

The Conservatives chose to introduce Bill C-10 on justice. They decided to abolish the firearms registry and destroy the data. They also introduced a bill that will diminish Quebec's political weight in the House. There was also the bill on the Canadian Wheat Board. They chose to introduce all those bills instead of Bill C-16. I want to come back to Bill C-16 to which we could have given our unanimous consent. We only did what the government said it would do, in other words, follow the rules. I have been in federal politics long enough to know there are rules to be followed in the House. There is a legislative process to be followed: first reading, second reading, third reading and work in committee.

I understand perfectly well that there was a court order, but if the government was in such a hurry, it could have made sure that this bill went through all the stages as quickly as possible. After all, it is the government that sets the agenda.

Yesterday, by refusing to allow us to pay tribute to veterans, if the government was trying to send a message that we do not exist, that we are not an official party and that we do not deserve to speak in this House, it failed. Today we are sending our own message that we are still here. Just like the Conservative members, and in fact like all members of the House, we were democratically elected. Even the Prime Minister himself must acknowledge that he was democratically elected in his riding and that he is an MP first and foremost, and Prime Minister second. I think it is our duty to do things correctly here.

Thus, there are no second-class MPs in this House. I never thought that when there were 50 Bloc Québécois MPs, nor do I think that today, just because we are fewer in number. My message to the government is that it should think carefully before acting as heinously as it did yesterday. Nevertheless, once again, it is the government's fault that it did not introduce the bill earlier. And we support Bill C-16, especially since a court decision will strengthen the independence of military judges. That is very important. The Minister of National Defence introduced Bill C-16, An Act to amend the National Defence Act (military judges), in the House of Commons at first reading.

The Court Martial Appeal Court of Canada delivered its judgment in the Regina v. Leblanc case. In its decision, the appeal court determined that the provisions in the National Defence Act and the Queen’s Regulations and Orders for the Canadian Forces regarding the appointment and retirement of military judges do not sufficiently respect judicial independence as required by section 11(d) of the Canadian Charter of Rights and Freedoms.

In declaring certain National Defence Act provisions constitutionally invalid and inoperative, the Court Martial Appeal Court in Regina v. Leblanc suspended the declaration of invalidity for a period of six months to allow remedial legislation to be enacted. The declaration will be effective December 2, 2011.

Bill C-16 amends the provisions of the National Defence Act that deal with the tenure of military judges, providing that they serve until the retirement age of 60 years, unless removed for cause on the recommendation of an inquiry committee or upon the resignation of the military judge.

To give a bit of background and explain the situation in full, I should mention that judges used to be appointed for a predetermined period of time. I believe it was for five years, but when a judge's term was up for renewal, it seemed that he or she did not have complete independence at that time. Now the process will simply be the same as it is for other judges. The tenure for military judges will allow them to sit as such until the retirement age of 60 years. That creates a balance. It sends a message that we will improve the situation around judicial independence, which is something we in the House could in no way be opposed to.

Justice Lamer made a number of recommendations, and this is one that we have agreed with from the outset. The Bloc Québécois believes in keeping military justice separate from civilian justice. It makes sense for the Canadian armed forces to have its own justice system, in light of the particularities of military life and military requirements. This bill corrects a situation that created a fairly significant difference between the civilian justice system and the military justice system, in order to improve the military system.

It is absolutely necessary to have discipline within an army. Without that discipline, we would lose any sense of structure and effectiveness. Since the primary goal of our armed forces is to protect the safety of Canadians, this issue is vitally important. The Supreme Court of Canada recognized this principle in 1992:

The purpose of a separate system of military tribunals is to allow the Armed Forces to deal with matters that pertain directly to the discipline, efficiency and morale of the military. The safety and well-being of Canadians depends considerably on the willingness and readiness of a force of men and women to defend against threats to the nation's security. To maintain the Armed Forces in a state of readiness, the military must be in a position to enforce internal discipline effectively and efficiently. Breaches of military discipline must be dealt with speedily and, frequently, punished more severely than would be the case if a civilian engaged in such conduct. As a result, the military has its own Code of Service Discipline to allow it to meet its particular disciplinary needs. In addition, special service tribunals, rather than the ordinary courts, have been given jurisdiction to punish breaches of the Code of Service Discipline. Recourse to the ordinary criminal courts would, as a general rule, be inadequate to serve the particular disciplinary needs of the military.

A number of changes were called for. I think that Bill C-16 is a step that, I repeat, addresses only one of Justice Lamer's recommendations. We can go step by step. That is no problem.

There are also offences in the Code of Service Discipline that do not have equivalents in civilian justice. For example, the offences of disobedience of lawful command or disobedience to a superior officer do not exist in civilian justice. Military justice applies to three categories of people: military personnel in the regular forces, reservists and civilians who work with military personnel on missions.

But although military justice is necessary, people who join the Canadian Forces do not lose their rights, including their charter rights.

For 12 years, a great deal of thought has been given to modernizing military justice to bring it more in line with civilian justice. In its May 2009 report, the Standing Senate Committee on Legal and Constitutional Affairs wrote the following, “...the military, as an organization, benefits when the rules that govern it largely reflect those that apply to Canadian society in general.”

We therefore feel it is important that the government consider not only the issue of the independence of military judges but also the entire military justice reform. In my opinion, even the Parliamentary Secretary to the Minister of National Defence can understand that, when we talk about such a bill, it goes without saying that we should expand our discussion and thought process a bit to include the whole military justice policy, particularly since more than one recommendation was given by Justice Lamer and the Senate committee.

Military justice reform dates back to 1997 and stems from two reviews. First, a special advisory group received a mandate to study the Code of Service Discipline set out in the National Defence Act. Then, the commission of inquiry into the deployment of Canadian forces to Somalia was asked to review how to handle the actions of certain soldiers sent to that country.

The two resulting reports led the government to introduce Bill C-25, which came into effect on September 1, 1999. This bill amended the National Defence Act by abolishing the death penalty in the military justice system, a very important change; incorporating civilian parole ineligibility provisions; creating the Canadian Forces Grievance Board; creating the Military Police Complaints Commission; strengthening the independence of military judges by making changes to the terms of their appointment, their qualifications and their tenure; and creating new positions within the military justice system in order to separate the investigative function from the prosecution and defence functions.

Clause 96 of Bill C-25 provided for an independent review every five years in order to examine the amendments to the National Defence Act. Many of the amendments I just listed are still pending. I am counting on the current government and its Minister of National Defence to take into account the majority of the recommendations that I mentioned just a few moments ago.

With this in mind, the federal government appointed a former Supreme Court justice, Antonio Lamer, to conduct the first review. He presented his report to Parliament in March 2003. Military justice has been on the radar for some time now, and here today we have this bill—barely two pages long—regarding the independence of judges. There will undoubtedly be other, more significant, changes that will improve the National Defence Act and that will also implement Justice Lamer's recommendations, which, as I have said before, are already 10 years old.

In his report, Justice Lamer observed that “Canada's military justice system generally works very well, subject to a few changes.” Consequently, he made 88 recommendations to improve military justice. I will not list the 88 recommendations, although some here might like me to do so.

I will briefly refer to some of Justice Lamer's 2003 recommendations: arrest procedures and pre-trial detention; procedures for proceeding by indictment; the structure of the court; sentencing; aligning the rights of the accused with those in a civil court such that the accused could choose the type of court martial and such that the finding of court martial panels would be arrived at by unanimous vote; strengthening the independence of the principal intervenors in the military justice system; and improving the grievance and military police complaints processes.

In order to implement Justice Lamer's recommendations and amend the National Defence Act, the government introduced Bill C-45 in August 2006. It died on the order paper. In March 2008, the government introduced another bill, Bill C-7, which was identical to Bill C-45 and also died on the order paper when an election was called in the fall of 2008.

In April 2008, the Court Martial Appeal Court of Canada handed down a decision in the case of Regina v. Trépanier. At issue was the possibility of choosing the type of court martial. The Court Martial Appeal Court of Canada ruled that a provision of the National Defence Act that gave the court martial administrator exclusive authority to select the type of court martial was unconstitutional. The Court Martial Appeal Court of Canada found that it was unacceptable that the accused could not chose the kind of court martial that would judge him or her.

Following that ruling—which brings us to where we are today—the federal government introduced Bill C-60 to accomplish the following: to more closely align the manner in which the mode of trial by courts martial is determined with the approach in the civilian criminal justice system, while still satisfying the unique needs of the military justice system; to reduce the types of courts martial from four to two; to allow military judges to deal with certain pre-trial matters at any time after a charge has been preferred; and to require court martial panels to make key decisions on the basis of a unanimous vote. Bill C-60 passed in the House on June 18, 2008.

One of Justice Lamer's recommendations has been incorporated into Bill C-16 before us today.

I repeat—and I will conclude on this in just a moment—the Bloc Québécois is not opposed to Bill C-16. The Bloc did not break any agreements to speed things up. The government alone is responsible for its own legislative agenda. It could have introduced the bill to get it through all the various steps in the usual way, knowing very well that a court order meant that a certain timeline had to be respected.

I cannot believe that, with the army of people and public servants available to the Minister of National Defence, it did not occur to him to look at a calendar and ensure that all the steps could be completed regarding Bill C-16. It is because of the government's own negligence that it is so keen to have the bill fast-tracked, because it did not do its homework.

I cannot believe that the government behaved in this manner. However, as I explained at the beginning of my speech, it is simply because the government made other choices. It had other priorities. It wanted to reduce Quebec's political weight with Bill C-20, for instance. It wanted to put the Canadian Wheat Board out of commission. It also decided to rule out all potential debate on Bill C-10 regarding justice. I can assure this House, not everyone is pleased about that. It is no longer only Quebec that opposes that bill. We will soon be up to 10 provinces that oppose the bill. But the government decided to make it a priority anyway.

In closing, it should have found a way to move a little faster on this matter and introduce Bill C-16 earlier. Had it done so, we might not still be talking about it today.

Fair Representation ActGovernment Orders

November 3rd, 2011 / 5:15 p.m.
See context

Conservative

Wai Young Conservative Vancouver South, BC

Mr. Speaker, I thank the member opposite for having given us great encouraging words today. Working together, he understands that we are moving toward fair representation. It sounds very hopeful that members opposite will support this bill.

I am very pleased to speak to Bill C-20, fair representation act. I am honoured to be the member of Parliament for Vancouver South, one of the most diverse ridings in all of Canada. Approximately 75% of those whom I have the privilege of representing in this place are of Chinese, South Asian, Filipino and Vietnamese descent. Not only are we diverse, we are large with a population of 125,000 in Vancouver South, many of whom are new Canadians and have been under-represented, as all British Columbians have been for some time.

Our government received a strong mandate from Canadians to move toward fair representation in the House of Commons. The people of Vancouver South and British Columbia, in fact Canadians from across this country, are excited because we are acting.

Bill C-20, fair representation act is extremely important, completely necessary and very timely. This is because the people of Vancouver South, their families, friends and neighbours across British Columbia want fairer representation in this place.

We, therefore, welcome this important bill which 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 for smaller provinces,; and protecting the proportional representation of Quebec according to population.

This bill provides the changes necessary to move British Columbians toward fair representation in this House. This bill is necessary because the representation of the provinces in this House is readjusted every 10 years. The formula has evolved considerably since Confederation, in which representation by population was the sole basis upon which seats were distributed.

It has been adjusted on six occasions since Confederation to respond to demographic changes as our vast and diverse country grew and evolved. The changes to the formula have attempted to balance three competing objectives.

First, to enable provinces with growing populations to have additional seats in accordance with the principle of representation by population. Second, to ensure the effective representation of smaller and slower growing provinces. Finally, to limit increases in the membership of the House of Commons to practical levels.

It was the latter objective which provided the impetus for the last change to the formula in 1985. In response to the realization that the formula, which existed at the time, would result in very large increases to the size of the House of Commons, a decision was made to design a formula that would provide more modest increases to the size of the House.

The 1985 formula allocates provincial seats by first determining what is called the electoral quotient, which is the population of the provinces divided by 279, which was the number of provincial seats allocated in the House of Commons in 1985. Each province's population is then divided by the electoral quotient to determine provincial seat allocation.

The second step in the formula is to apply two minimum seat guarantees, the Senate floor, which was added in 1915, guarantees that no province can have fewer seats in the House of Commons than it has senators, and the grandfather clause, added in 1985, which guarantees that no province can be allocated a number of seats that is less than the number of seats it had in 1985.

By fixing the divisor at 279, the 1985 formula did have the desired effect of limiting the growth of provincial seats in the House of Commons. However, it also had a negative impact that worsened over time and that has led us to where we are now, where the faster growing provinces of Ontario, Alberta and British Columbia are significantly under-represented.

Taken together, the effects of the 1985 formula and the two seat floors are significant. First, it means that all provinces, except Ontario, British Columbia and Alberta, rely on seat floors rather than population to maintain their seat count in the House.

Second, the formula allows the three faster growing provinces to get a proportional share of only 279 seats even though the House has expanded to 305 provincial seats since the 1980s with three additional seats for the territories, totalling 308, our current number.

Third, the four seats for slower growing provinces, which are not based on population, further erode the relative representation of the faster growing provinces. As a result, the three faster growing provinces have become significantly under-represented in the House.

For example, British Columbia has only 11.8% of the provincial seats while its share of the provincial population is over 13%. The situation in Ontario is even worse. Ontario has only 34.8% of the provincial seats while its share of the provincial population is over 38%.

The combined effect of fixing the divisor at 279 in combination with the existence of the seat guarantees has prevented the faster growing provinces from receiving a share of seats that is in line with their relative share of the population. The result has been to significantly increase the disparity between the provinces protected by seat guarantees and the faster growing provinces that do not benefit from the guarantees.

Bill C-20 has been designed to bring those provinces closer to representation by population while at the same time protecting the seat counts of the slower growing provinces and ensuring that Quebec maintains a level of seats that is proportionate to its population. This bill was designed to deliver a fair and reasonable balance between the principles, while lessening or eliminating, to the greatest extent possible, the negative effects of the current formula.

The bill's key elements include many things, but before getting into a detailed explanation of the elements of the bill I would point out an important change related to the population figures that will be used to determine the allocation of seats by province.

Whereas the decennial census figures were previously used to determine the allocation of provincial seats, the bill proposes to require the use of population estimates as of July 1 of the year of the decennial census to determine the allocation of seats. The population estimates are considered the best data available because they are adjusted to account for the census net undercoverage, which is the extent to which persons who should have been enumerated but were not included in the census data.

The net undercoverage for the 2006 census was 2.8% and varied from province to province. The lowest net undercoverage was in Quebec and in Newfoundland and Labrador at 1% each, while the highest provincial rates were 3.8% in Ontario, 3.5% in Alberta and 2.9% in British Columbia.

We can see from these higher undercoverage rates that even the census had a hand in furthering the under-representation of these three faster growing provinces. The population estimates are already used to determine the allocation of funding for the federal-provincial equalization program, the Canada health transfer, the Canada social transfer and the territorial formula financing.

Using the population estimates also provides certainty on the provincial seat numbers whereas census figures will not be available until February of 2012.

The updated seat allocation formula contained in the fair representation act will move Ontario, British Columbia and Alberta toward fair representation while protecting the number of seats for slower growing provinces and ensuring that Quebec receives a number of seats proportionate to its population.

The formula introduces a new concept that did not apply in the 1985 formula, which we can call the representation rule. If a currently over-represented province becomes under-represented as a result of the application of the updated formula, additional seats will be allocated to that province so that its proportional representation according to its population is protected. This is a wordy concept, but it is fair and respects the principle of proportionate representation.

Based on population projections, Quebec would be the first province to receive new seats in accordance with this provision, but it applies to all provinces who may find themselves in this situation.

For the 2021 year and each subsequent readjustment, the bill provides that the electoral quotient will be increased by the simple average of provincial population growth rates from the preceding adjustment.

The practical result of applying the new formula will be to add an additional 30 seats to the House of Commons, for a total of 338. This is 23 more seats than would have been added pursuant to the 1985 formula. By introducing a readjustment formula that is more responsive to population size and trends, the fair representation act would move the House closer to fairer representation and maintain its growth over time in a more principled and accurate way.

This is especially important for fast growing areas of the faster growing provinces. We have heard how this would affect the Toronto area, but this is also important for the Vancouver area. My riding and the surrounding area is a large, dense and fast growing area. It is a magnet area for new Canadians and, as such, is especially affected by the shortcomings of the current formula. British Columbia, my home, would rightfully be a beneficiary of the principled changes to representation in the House that would take better account of our high rates of population growth now and into the future.

In addition to the updated formula for allocating seats, Bill C-20 also proposes amendments to the Electoral Boundaries Readjustment Act, which sets out the process for readjusting electoral boundaries within provinces once the allocation of the seats by province is known. The readjustment process would continue to be based on census results, which provide population counts at the geographic level that are necessary to accurately revise electoral boundaries. The existing provisions of the Electoral Boundaries Readjustment Act, that call for independent boundary commissions, decide on riding boundaries and names would remain unchanged.

This process was established in 1964, changed slightly in 1979, and remains independent and impartial. I know the member for Saanich—Gulf Islands raised a question about this process recently. I can assure her that an impartial independent process would continue unchanged.

We are amending the timelines involved to streamline the process and ensure that Canadians would be more fairly represented as soon as possible. The bill does not propose any changes to the parliamentary review process, where members have the opportunity to bring forward their concerns about the boundary readjustments proposed in the initial reports from the commissions.

The fair representation act would fulfill 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 among the different provinces of our federation. In short, it is the best formula to move toward fair representation in a principled manner. I hope all hon. members of the House will also agree and support this bill in order to restore fair representation in the House.

Fair Representation ActGovernment Orders

November 3rd, 2011 / 4:45 p.m.
See context

NDP

David Christopherson NDP Hamilton Centre, ON

Mr. Speaker, I appreciate the opportunity to join in the debate.

First, we will not be supporting the bill at second reading, primarily, for the very simple reason we believe the government bill is not as good as our bill. We like our bill. We think it would be better for Canada and that is the message we carry into committee. If we support our own bill, why would we vote for the government bill at this stage?

Comments were made along the way by myself and our leader that we were very much looking forward to what happened at committee. I want to underscore that point and that intent on our part. I heard the member earlier commenting about whether the member for Hamilton Centre was going to change the census and some other smart-alecky type of remarks. Perhaps that is the answer. It is as simple as there are new numbers.

However, I know we have at least three different calculations going on at the same time and we are going to need some clarity around it. That is fine for the government. It has all the resources of government. All we really have as members on this side is committee. That is the closest we can get to match the horsepower of the government in terms of the lawyers, analysts and everything else that is available to whomever is in government at any time.

One of the most important messages that I will carry on behalf of our caucus is the importance of committee studying this bill. It is important on any bill, but on this one, given that this is the file marked “Canada”, that we take the time to get it right. We do not want to take time such that we do not have things in place for the next election. We agree with the goal. I have told that personally to the minister. I have said that publicly. I reiterate it again. Regardless of whatever machinations we go through in this place on second reading and in the House and on voting, we have all kinds of games that go on all the time, often for reasons that are not even readily obvious.

However, the fact remains that we want to get to committee. We want to do the work. Ideally, in the best world outcome, would it not be great if all the parties, or at least a majority of the parties, could agree rather than a situation where, like we saw with the Auditor General hiring, only the government carries the day and uses the weight of its might. Let us remember that might still comes from a very undemocratic place, perfectly legitimate and democratic to the extent it follows our rules, but there is no sense of natural justice or democracy when 39% of the vote gets 100% of the power.

I take at face value the comments of my colleague from Elgin—Middlesex—London. He is a fantastic chair. He commented on the work we do, and I have been spending a fair bit of time on that committee, dealing with the Chief Electoral Officer's report, with all the changes to the laws. We hope the minister in some way, by standing in his place and commenting, or by sending a message, or talking to me or talking to our House leader, could indicate that we really will go into committee with the same type of attitude that currently prevails when deal with the electoral commissioner's report. At that committee, we really have give and take. When we cannot agree on something, we put it later on in the agenda. We all do a little homework and we actively try to find how we can all put a little wine in our water to reach a point where we can agree on fair rules for elections.

If we can do it for that, then I would go so far as to implore the government to be serious in that same way, as opposed to what happens at some committees where the 100% might of the 39% vote walks into committees, says this is the way it will be and, no matter what anyone says, rams it through with their majority. If that is what the Conservatives do with this bill, then I would be disappointed and they would do a great disservice to the file marked “Canada”. We could all do better than that in continuing to build and strength Canada.

I assume the vote is still on track to happen this evening and we will be voting against the bill for the simple reason that we like our bill better. Why would we vote for the government bill?

However, once we get into committee, as far as we are concerned, we are ready to hit a reset button. We would then have two pieces of legislation and a committee of people with goodwill. Maybe we could then begin to see if there were some way to close the gap between the differences.

For instance, members will remember that when the government brought in its first two bills, it did not have any seats for Quebec. However, we now see in this bill less seats for Ontario and B.C. If that is because of a calculation, fine, we will listen.

Again, there are at least three different calculations going on. There is one calculation based on using the 2006 census numbers, which the government had been using previously. There is the 2011 census that will be received in February 2012. However, in Bill C-20, the government does not use census numbers in the equation. I am not saying that it is a bad thing or a good thing, I am just saying that it is a new thing that we need to have some explanation and discussion on in committee.

Instead of using a census number, the government is now using the estimated provincial population estimates. However, I am no lawyer and I do not necessarily know what that means. Maybe it is a good improvement and the government may be applauded for bringing in a better formula, but maybe not. I do not know.

I just know that when the Conservatives finally came up with the notion that they had to be more respectful to Quebec then they had been, suddenly they changed the formula. Does that mean they changed the formula to meet the mathematical outcome they wanted? I do not know, but we need answers to that.

If the government is just going to come in to committee and ram things through, then the opposition is going to be given no opportunity to not only understand it, but maybe respond with a counter proposal as well. Again, these are things that would allow us to find a way to work together to get as close as we can to a single bill that we all might be able to support. Would that not be a win for everyone, especially for Canada?

I will not dwell on this, but I want to take a second to talk about the Liberal position. I know questions are going to come during the questions and answers, and they are going to do what they do. They seem to have one note to play on this and they play it over and over. That is their right. I am not suggesting that they cannot do this, but I am suggesting that it is disappointing.

The Liberal Party can really take an awful lot of credit for much of what we have to be proud of because the Liberals were the government in many of those years. It is a historical fact that a lot of the things we are now building on were put in place by a Liberal government, not all of them, but a good bit of it.

Certainly the current leader of the third party is a respected individual who has history on the national file, not only as a national leader but as a provincial leader. The member for Saint-Laurent—Cartierville is a well-regarded academic expert on matters of constitution, regardless of how one feels about the Clarity Act. I know it is not loved unanimously, nonetheless it was an important piece of our Canadian history in building and strengthening our great country.

I use those two members as an example because I am saying positive things about the Liberals. They are important contributors to a national debate, whether one agrees with them or not. However, I am disappointed because all I have heard so far is the cost. However, that is real, especially at a time such as this economic era.

I think back to the Liberal governments of the past. Would they have led with that issue and said that the most important thing in terms of building Canada was to keep the costs down, like that was the priority? It is always important, but is it really the priority this time?

The Liberals suggest that we cap and then look at proportional representation. I am just happy when Liberals say the words “proportional representation”. It is a good start. It is an intriguing idea, but it feels more like an escape hatch than a new idea because it allows the Liberals to stand on one piece of ground, and that is the cost and how big this place will be. Again, it is an issue but that is it.

When the leader of the third party was the premier of Ontario, he played a significant historical role in the Charlottetown accord, notwithstanding the outcome was not as good as I am sure he and others hoped. It was in the Charlottetown accord where the first notion of a percentage floor of Quebec's seats, in terms of its political weight, would be maintained going forward, no matter what. That number was 25%. Now it is interesting that not only was the leader of the third party a signatory to that agreement, but the prime minister of the day was a Conservative.

If this notion of providing that kind of a guarantee is so un-Canadian, is just pandering to the province of Quebec and is loosening the ties that create our country, if that is what is wrong with our coming out with 24.35% and tying it to the day that we all stood unanimously in this place and proudly recognized the Québécois as a recognized nation within a united Canada, we believe it is building and strengthening Canada. It is certainly showing Quebec the same respect that the prime minister of the day and those premiers unanimously agreed would be a component of the Charlottetown Accord.

I raise that because I would like to hear what the leader of the third party thinks about the notion of 24.35%. Given that he was a signatory to 25%, I would like him to do exactly the same thing. I would very much like to hear more from the third party on what it thinks about the bill, the seats and the formula. Maybe we will hear from it and I will stand corrected, which would be great. However, we have not heard a lot. All I have really heard is the Liberals found this ground of the cost because people were concerned about it. It is part of being a parliamentarian. We defend what we believe in. We know that democracy can be slow, tedious, messy and expensive, but it is still better than any other system around. Therefore, we are wedded to it and we want to make it work. We see the expense as an investment in Canada, an investment in strengthening Canada. I ask my colleagues to remember that if Canada were easy to build, everyone would have one. It is not. It is a difficult country to build.

Let me underscore the importance of the committee, and I will end on that. It is close to where I began. So much work needs to be done there. The member for Elgin—Middlesex—London cannot do much more than what he did, which is to say he is looking forward to chairing that kind of a meeting. However, the member does not have the power to say that is the way it will be. That will have to come from on high. I know it is a shock to my colleague's ego but I am sure he will survive it.

Truly, honestly and sincerely we need some indication from the government that it will approach it the same we are looking at reviewing the election laws. I applaud the government, the chair and everyone on that committee because it is good work and I enjoy it. It is challenging but in a positive way, where we are all trying to find how we can work together rather than how we can be the strongest, apart, fighting one another. After 26 years in politics, I find that a lot more fulfilling than going into our respective corners and starting to politically shoot.

Regardless of the machinations of today--the speeches, the give and take and the cut and thrust of what happens in this place--given the importance, we are hopeful that when we get to committee, it will be meaningful, real give-and-take discussions and work.

If it is the other approach, in which the Conservatives just say, “This is our bill. We are not changing anything. We do not care if you do not like it. Take the time that you get to speak, and when you are done bothering us with your words, then we are going to utilize the 100% of power that we got with 39% of the vote. We are going to shut you down and we are going to dictate what is going to happen”, that attitude has nothing to do with building Canada. What is needed is co-operation and respect for each other, for all our provinces and for everyone's rightful place in our country.

Let us get to work. When we are finished the politics of the voting and debating today, I urge the Conservatives to signal that they want to entertain meaningful discussions to get as close as possible to, ideally, one bill that we could all support, so that even if we are in disagreement at some point, the overall exercise would leave Canada stronger than when we started on the bill.

With that, Mr. Speaker, I will end my remarks. Thank you again for the opportunity.

The House resumed consideration of the motion that Bill C-20, An Act to amend the Constitution Act, 1867, the Electoral Boundaries Readjustment Act and the Canada Elections Act, be read the second time and referred to a committee, and of the amendment.

Fair Representation ActGovernment Orders

November 3rd, 2011 / 4:15 p.m.
See context

Conservative

Joe Preston Conservative Elgin—Middlesex—London, ON

Mr. Speaker, I hear someone who probably did that yelling from the other side.

Happily, we no longer have the problem of gerrymandering. It simply does not happen in our country any longer, largely because of the impartial, independent process set out in the Electoral Boundaries Readjustment Act.

In November 1964, the legislation was passed to assign the responsibility for readjusting the electoral district boundaries to commissions independent of Parliament and parliamentarians.

For political neutrality, each commission was, and still is today, chaired by a judge designated by the chief justice of the province. When passed, there were to be three members for each of the commissions. One of these was a person called the representation commissioner, a public servant who was to sit on every commission. The post of representation commissioner was abolished in 1979 and most of the duties were transferred to the Chief Electoral Officer of Canada. That is where we stand today, a three member commission for each province.

Initially, the two other members were to be political appointees, one each from the governing party and the official opposition party. The Speaker of the House of Commons now makes those two appointments in the interest of greater impartiality and independence.

Now each province has a three member boundaries commission chaired by a judge and comprising two other members appointed by the Speaker. As each of the three northern territories constitutes an electoral district, they do not require an electoral boundaries commission.

The goal is a readjustment process that is generally free of partisan considerations. We have largely succeeded in accomplishing that goal.

That said, parliamentarians still do have input. They can make representations to the commissions during the public consultation period for those commissions. They can lodge objections during the parliamentary review process which is run through the procedure and House affairs committee, of which I am the chair. I look forward to the contributions and many visits by members to do just that during the process.

In all cases, the final decisions on the boundaries are made by the commissions. This is the guarantee of independence and impartiality. Partisan members can make presentations and lodge objections which the commissions will consider, but the commissions' decisions will be final. During the course of their work, the commissions receive professional, financial, technical and administrative assistance from the Chief Electoral Officer and his staff at Elections Canada.

Our procedure and House affairs committee visited the Chief Electoral Officer; all parties were in attendance. The committee tends to meet about once a session with the Chief Electoral Officer to talk about his goals and what is coming up. During the past three or four minority Parliaments, it was always about election readiness, but the Chief Electoral Officer, during this majority House, is quite happy to talk to us about being faced with the redistribution of seats and the redrawing of some electoral boundaries. He was quite forward with us as to how quickly this process has to start, that it cannot be delayed and that he has a great amount of work to do based on this project. He shared with members of the committee that he was looking forward to getting at it, as he put it.

As I mentioned, Bill C-20 makes some changes to the timelines of the commission process. The readjustment process would continue to be based on the census results which provide population counts at the geographic level that are necessary to accurately revise the electoral boundaries. The member who spoke before me talked about the size of ridings. His colleague mentioned how even within the province from which they both come, there is a difference in population of 20,000 between some of the ridings. It is imperative that we use the census to set the pace.

The existing provisions in the Electoral Boundaries Readjustment Act call for the independent boundary commissions to be established in each province within 60 days of the receipt of the census return. The 2011 census is scheduled to be received on February 8, 2012, so it would be within 60 days of that date. The commissions then have one year to produce an initial report setting out the proposed boundaries and the names for the ridings, during which time they are required to hold at least one set of public consultations. Once the reports are finalized, the Chief Electoral Officer prepares a draft representation order which is forwarded to the responsible minister and proclaimed by the Governor in Council. The order becomes effective on the first dissolution of Parliament that occurs at least one year after the proclamation is issued.

Under the current timelines, it may take anywhere from 30 to 38 months to complete the readjustment process following the release of the census results.

There is some flexibility in the timelines as each commission works at a slightly different pace. There are some timeline extensions available if the commissions find them to be necessary. It would mean that the process would not be completed until about November 2014. The changes proposed in the bill aim to shorten these timelines in the current boundary readjustment process with a view to streamlining the process.

In particular, the bill proposes the following amendments: The independent boundary commissions would be established no later than six months following the census, or within 60 days of the census results being released, whichever comes first. The notice period for public hearings would be set at 30 days, down from the current 60 days. All persons interested in making submissions at public hearings would still need to provide the commissions with notice. The commissions would have the option of waiving this requirement if it was considered in the public interest. The timeline for the commissions to produce the reports would be shortened to 10 months, with a possible two-month extension, which is down from 12 months, with a possible six-month extension. The time period for the implementation of the representation order would be reduced to 7 months, which is down from 12.

With these changes, it would be possible to bring forward the completion of the boundary readjustment process to early 2014. That would give everyone, including the very busy and organized folks over at Elections Canada, the House and all registered parties more time to prepare knowing the new boundaries early in 2014. These changes and the other minor changes in the bill are to streamline and modernize the process to allow Elections Canada the flexibility and time it needs to do the work for the next election.

We politicians recognize that certain boundary changes will make work for us. We will have to look at how we are going to act within those new boundaries and whether we are picking up a new piece of a riding, losing a piece of an old riding, or whether there are no changes at all. Elections Canada has to then establish Elections Canada entities within each of the new ridings and under the new riding names too. It has work to do following the completion of the report. I do not think it can be done within moments of the next election. Elections Canada needs some time to do it; that is what it has shared with us.

The changes we have suggested in shortening some of the timelines are reasonable. We have not compressed the timelines too much. We have left time for the commissions to do their work, to hold their public meetings, for people to make presentations. Oftentimes there is one commission per province. People sometimes suggest changes to a certain boundary because it splits a neighbourhood and that type of things, so there is time for the commission to do it.

All the changes are sourced in either the recommendations from the Chief Electoral Officer's reports, past reports from the Standing Committee on Procedure and House Affairs, or the report from the Royal Commission on Electoral Reform and Party Financing, known as the Lortie commission. The changes we are looking to make in the Electoral Boundaries Readjustment Act and in Bill C-20 have all been suggested by one of those sources.

There is ample public evidence and justification for the reasons and value of implementing these changes. We can be assured that Elections Canada will be fully prepared to implement and facilitate these changes in time for the next election.

As I have said, the Chief Electoral Officer has recommended many of these changes before. In the committee's visit to Elections Canada, he was very adamant that we meet the timeline so that he can meet his and is able to complete the process. For some of us, the spring of 2014 sounds far away, but as this process unfolds, it is a long time between each step and each step takes some period of time.

In order to make it work, it is important that we give Elections Canada enough time to set up the commissions, allow the commissions to do their job, have the report come back to the Standing Committee on Procedure and House Affairs, at which point members of the House would also have an opportunity to discuss their own ridings. Then it would go back to the commissions for final approval and in time for people to prepare for the next general election.

The fair representation bill fulfills our government's long-standing commitment to move to fair representation. It would bring faster growing provinces, like Alberta, B.C. and the one in which I live, Ontario, closer to representation by population.

As we have heard discussed here today by many members of Parliament, one of the founding principles of our founding fathers was to get as close as we could. We have drifted a bit away and this would help bring us back to that proportional representation, while still 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 different provinces across the country.

Last night, I had the opportunity to meet with a group of teachers from all the provinces and territories who were in town and, for the most part, they had a great interest. The ones who came to Ottawa obviously had some great interest in politics, or civics or history in the sense of our Parliament. As this was being debated yesterday, and some were here to hear some of this, it was a topic of conversation at dinner last night among many of those teachers. When we were talking about civics and history, the Ontario teachers were saying how they could relate it back and make some excitement for their students about the history around the founding of our country, the founding fathers of our country and the principles they tried to design Canada around. Now, here it is, some 140 some years later, and we are still talking about achieving representation by population.

If I remember back to my grade 6 history. I was kind of nodding off on representation by population. It has taken a great interest in history through my life to try to get back to it. Our founding fathers did something really great when they created this place. It is really good to hear teachers whose passion it is to try to share that and actually get through to guys like Joe when he was there before. I was really pleased to have that conversation last night. It was so timely with the debate that we are having here today.

In short, this is the best formula to move toward fair representation in a principled manner. It includes reasonable and long-standing updates to the timelines of the boundary readjustment process, which I spent a great deal of time talking about here, about how it happens after we pass the bill and how we really get to those new boundaries.

The bill is both good and very long overdue. I hope all the hon. members in the House also agree and will support the bill to try to bring us a little closer to where our founding fathers started us out.

The House resumed consideration of the motion that Bill C-20, Fair Representation Act, be read the second time and referred to a committee, and of the amendment.

Business of the HouseOral Questions

November 3rd, 2011 / 3:10 p.m.
See context

York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Mr. Speaker, nobody would be more delighted than I if we could actually not have to use time allocation, but so far we have not seen an indication from the opposition parties that they are prepared to deal with bills on an expeditious basis. We feel the need to actually get things done here and deliver on our commitments.

In fact, in each of these cases since we started in September, each one of those bills continues to be debated in the process in the House of Commons. At committee, they have not even returned here for report stage yet, let alone third reading. Extensive debate is taking place.

The fact is that the parliamentary process is a lengthy one with many stages. We want to ensure that bills have an opportunity to get through those stages so they can become law, so we can keep the commitments that we made to Canadians.

We are making good progress this week, democratic reform week.

We introduced the Political Loans Accountability Act, which will prevent future leadership contestants from bypassing the law’s contribution limits by running up huge interest-free loans from supporters. We saw this in the 2006 Liberal leadership race. Many of those loans do not get paid off and are really donations over the legal limit.

We have also begun debate on Bill C-20, the fair representation act. I am pleased that this bill will be voted on tonight before being referred to committee for study. The bill restores respect for the founding principle of our country at the heart of Confederation, that Canada's first Prime Minister, Sir John A. Macdonald, forged, that of representation by population. The bill moves every single province closer to the principle of representation by population, that each vote should have, to the extent possible, the same weight.

I know that some members may be disappointed that we have not yet had an opportunity this week to debate Bill C-7, which is the Senate reform act, but they can rest assured I will be calling that bill for debate as our first item of business on the Monday following constituency week. It is part of what one opposition member properly calls our comprehensive democratic reform plan.

Tomorrow, I hope we can deal with Bill C-16, the Security of Tenure of Military Judges Act, and Bill C-15, the Strengthening Military Justice in the Defence of Canada Act. I hope both bills, which make important revisions to the military justice system, will garner all party support.

Of course, next week is a constituency week where members will be in their ridings speaking to Canadians about the issues that are important to them.

I know that most Canadians, whom I have spoken with at least, think that the jobs and economic growth issues are the top priority and they expect their government to focus on that right here in the House. With this in mind, the next week that we are back will be a jobs and economic growth week.

Jobs and economic growth week will kick off on Monday afternoon when we will again debate the copyright modernization act. The opposition introduced a motion to keep this bill from ever being debated at committee. This is disappointing. The bill would modernize our copyright laws and encourage job creation in one of Canada's most dynamic and important sectors of the economy.

I understand that the finance committee is meeting later today to conduct its clause-by-clause consideration of Bill C-13, the keeping Canada's economy and jobs growing act, that implements the next phase of Canada's economic action plan. I will give priority to this job creation bill when the committee has completed its study. I anticipate scheduling report stage for Tuesday and Wednesday, which will undoubtedly be the highlight of jobs and economic growth week. This bill would implement important measures from our low tax plan for jobs and growth, including tax relief for small businesses that create jobs and a new tax credit for children who go to dance classes or take arts, music, or language lessons. I hope that it will pass swiftly through the House so that the measures can be implemented for the benefit of our economy and indeed all Canadians.

Finally, Thursday, November 17, will be an allotted day.

Second ReadingFair Representation ActGovernment Orders

November 3rd, 2011 / 1:50 p.m.
See context

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I agree with the member in terms of the Canadian Wheat Board. The government has not been listening to what our prairie farmers have been saying.

Having said that, with regard to Bill C-20, does the NDP have any limit as to what it believes the size of the House of Commons should be?

Today, it does not have a problem with 338 which is being proposed by the government. Do the NDP members have an optimum number, or do they see this as a thing in progress, that as the years go by, the House will just continue to grow and grow?

Second ReadingFair Representation ActGovernment Orders

November 3rd, 2011 / 1:40 p.m.
See context

NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, I will be sharing my time with the very talented, eloquent and hard-working member of Parliament for Edmonton—Strathcona and I look forward to hearing her speech on the bill.

This is a technical bill that has ramifications for the whole country and I am pleased to rise to speak to it. It is something we have expressed concern about before. In the time I have, I will give a bit a background to the bill itself and the issue of seat redistribution in the House of Commons.

As members are well aware, this has been part of the growth and development of Confederation and Canada. Over time, we have tried to maintain a couple of principles in the House of Commons. One is to ensure that provinces with fast-growing populations get more representation. At the same time, we have also had a tradition in the House of Commons of providing support and a floor level representation from regions across the country. That floor has been the story historically for Atlantic Canada, and I will come back to that in a moment. It creates some differences, but it is something that Canadian accept as part of the nation-building exercise. That type of floor has also been in place for the territories.

Members who have had the opportunity, as I have, to travel to the northern territories know they are vast areas of Canada. Unbelievably large portions of our three northern territories do not meet the population criteria of the House of Commons, but clearly Canadians believe those areas of the country should be adequately represented. Therefore, we have put floors in place for them as well.

This has been the development over time. The nation-building exercise has always been to look at those two components and ensure that both the historical representation and the floors for ensuring clear representation and adding additional seats come into play. What has developed over time is that system of great Canadian compromise and nation-building of working on both aspects to ensure Parliament's representation is clearly representative.

I come from British Columbia and it has historically grown faster than its representation in Parliament. When we look at the figures, clearly there is a need for increased representation in British Columbia.

Coming back to what I mentioned earlier about Atlantic Canada. My riding of Burnaby—New Westminster, because there are many new Canadians who are not yet Canadian citizens and are who not on the voters list, has a population of about 120,000 or 130,000. That is slightly under the population of Prince Edward Island. Historically, P.E.I. has strong representation with four seats in the House of Commons. The system of ensuring historical representation for areas that are faster growing has always been part of the dynamic in play. There is no doubt that British Columbia needs additional seats.

In my riding of Burnaby—New Westminster and the riding of Newton—North Delta, the number of constituents is very great and there needs to be more seats in British Columbia to ensure that B.C. is adequately represented and members of Parliament can properly represent their constituents.

As we know, the job of being a member of Parliament is far beyond speaking in the House of Commons and having other members listen attentively. The job of being a member of Parliament for the most part is in the riding. As members of Parliament are intervening on behalf of their constituents with federal agencies and federal ministries, the machinery of government sometimes does not work effectively. Members of Parliament are there to ensure that our constituents are fully and adequately represented and we go to bat on their behalf.

If we have more members of Parliament in British Columbia, that means we can focus on slightly fewer constituents and ensure that we do that strong, necessary advocacy work on their behalf with the federal ministries, federal agencies and on federal programs where constituents may have applied, or intervened or made application and were not treated in the fair and just way that they should have been. We are advocates first and foremost. Therefore, having those additional seats plays an important and key role.

That is where we get into some difficulty and have some concerns with Bill C-20. In looking at how the various iterations of the bill have played out and the various formulas that have been applied, we have gone through three different formulas to calculate representation in British Columbia. What we have seen in B.C.'s case is a smaller number of seats through this process. That is of some concern, not so much the fact of having a seat in the House, because even that is an important aspect of our work, but having that representation out in the community and being able to effectively represent and advocate on behalf of the 120,000 or 130,000 constituents, which is a different order than advocating effectively on behalf of 110,000 or 115,000 constituents.

That is very clearly where seat distribution and MP distribution in the House of Commons comes to play. It makes a fundamental difference when we have that balance and we have those additional seats. Because we have seen the various iterations and the number of additional B.C. MPs brought down, this is where I see some real concerns about the latest formula that has been brought forward at this time.

Members may say that the bill will go to committee. Certainly, we on this side of the House have always been ready to work with the Conservative government in a way that we expect it to work with us. One day the NDP will be in government and the opposition parties will get the opportunity to see not only lively debate but what healthy, transparent, effective representation and working with opposition parties will bring. There is no doubt that many Canadians look forward to that date in 2015 when the NDP steps forward.

Our concern is the practice of the government in committee has not been good to date. It has often bulldozed and steamrolled opposition parties rather than listen to the healthy points of view that we bring forward, particularly on this bill.

This is a nation-building exercise. This is a point which shows how the government and we as Parliament respect all regions of the country. It talks to the historic representation of Atlantic Canada and the northern territories. It talks to the historic and important representation of Quebec that we have brought forward in our bill. It points to the representation of Saskatchewan and Manitoba despite population changes there. As well, it points to additional seats in places such as Ontario, Alberta and British Columbia.

We have brought forward and supported legislation for the healthy, nation-building establishment of a consensus. We certainly hope the government will start listening, consulting and really working with the Canadian public and with opposition parties so a bill such as Bill C-20 can appropriately be part of a nation-building exercise. To date, that has not been the case, but I hope the government will change in this regard.

Second ReadingFair Representation ActGovernment Orders

November 3rd, 2011 / 1:35 p.m.
See context

Bloc

André Bellavance Bloc Richmond—Arthabaska, QC

Mr. Speaker, the hon. member is telling us just how important the changes proposed in Bill C-20 are for his riding. That is indeed the change that will be made to his riding, but what about my riding and the other 74 ridings in Quebec? There are two sovereignist parties and two federalist parties in the Quebec National Assembly and they are all clearly saying that the political weight of Quebec must not be reduced. We are not talking about demographic weight, but about political weight.

My question for the hon. member is very simple. What does he think of the motion adopted here in 2006 that recognizes Quebec as a nation? What does the Quebec nation mean to him?

Second ReadingFair Representation ActGovernment Orders

November 3rd, 2011 / 1:10 p.m.
See context

Conservative

Parm Gill Conservative Brampton—Springdale, ON

Mr. Speaker, I appreciate the opportunity to speak on behalf of my constituents of Brampton—Springdale in support of Bill C-20, the fair representation bill. The bill fulfills our government's commitment to move toward fair representation in the House of Commons.

During the last election, we made three distinct 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 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 will fulfill each of those promises with this bill, and I am very pleased about it.

Fairness in representation for all Canadians is an important goal. The vote of every Canadian, to the greatest extent possible, should have equal weight. This is a fundamental democratic concept and a key Canadian value. All citizens should have an equal say in who is elected to represent them in Parliament and in this House. It is important that we act to ensure we are moving toward that goal and not away from it.

The current formula for allocating seats in the House of Commons is outdated and does not meet the current needs of constituents in my riding of Brampton—Springdale and across Canada. The current formula moves us away from fair representation a little bit each and every day. This problem is particularly serious in and around my riding of Brampton—Springdale. Directly to the west of my riding is the riding with the largest population in Canada, Brampton West. Directly east is the fourth largest riding, Bramalea—Gore—Malton. Within a 15 minute drive of my riding, I can reach seven of the ten largest ridings by population in Canada.

My riding of Brampton—Springdale was created in 2004. The census data from 2006 showed that Brampton—Springdale was the 13th most populous riding in the country.

All of those ridings, including my own, suffer from what the minister described as a representation gap and this representation gap must be fixed. The seat allocation formula that provides for new seats in the House of Commons every 10 years now dates from 1985.

Back in 1985, the members of the House decided on a formula that did not put a priority on fair representation. The formula we have now does not properly account for population growth. In fact, it is especially bad at dealing with large population growth in large cities in our largest provinces. My riding of Brampton—Springdale fits that description exactly. It has large population growth, is a large city and is in one of Canada's largest provinces, the province of Ontario.

Many of the ridings surrounding it also fit that description. Most areas surrounding the GTA suffer from the inability of the 1985 formula to properly account for population growth. The problem is not limited to the GTA only. The problem is seen across the country, especially in Ontario, British Columbia and Alberta. Because the existing formula does not compensate very well for large population growth, Canadians in our largest and fastest growing provinces are moving further away from fair representation.

I have said that this representation problem is especially serious in my riding and the area surrounding it. The minister agrees, as do many of my hon. colleagues in this House. However, what are the implications of the representation problem?

In March of last year, and last month, we were provided with evidence that describes the problem. In the report , “Voter Equality and Other Canadian Values: Finding a Balance”, Matthew Mendelsohn and Sujit Choudhry wrote the following:

This problem is getting worse and, unless there is fundamental reform, will continue to do so in the future. Moreover, the character of voter inequality is changing.

They wrote that the combination of problems with the current formula and the high level of immigration increasingly disadvantages new Canadians and visible minorities. This is because many new Canadians choose to live in densely populated suburban areas, like my riding of Brampton--Springdale and the ones next to it. These are exactly the types of ridings which the 1985 allocation formula leaves under-represented.

Mendelsohn and Choudhry wrote:

[I]t recognizes the new reality of Canada: that it is Canadians of multi-ethnic backgrounds living around our largest cities, particularly the GTA [greater Toronto area], who are under-represented, injecting a new dimension of inequality into our federal electoral arrangements.

More than 56.2% of my constituents are part of a visible minority group and of multi-ethnic backgrounds. Members can understand why the fair representation act would be greatly welcomed by my constituents. This representation gap needs to be fixed as soon as possible. Not only are my constituents becoming more under-represented, but they are becoming more under-represented much faster than Canadians in other parts of the country.

We need to follow the principle of representation by population as closely as we can, but the current formula does not do that. This is a serious problem that requires immediate solution. I think that Bill C-20, a bill that is applauded by my constituents, is that solution.

With the fair representation act, our Conservative government is delivering a principled and reasonable update to the formula to allocate seats in the House of Commons.

The bill would do a number of things. It would move every province toward representation by population in the House of Commons. As I have said, this is an important democratic principle that we need to be moving toward, not away from. It would address the representation gap by moving Ontario, British Columbia, and Alberta significantly closer to representation by population. This is important because this is where the most under-represented people are living.

Using the formula put forward in the bill, Ontario would receive 15 new seats, British Columbia would receive 6 new seats, Alberta would receive 6 new seats, and Quebec would receive 3 additional seats. The bill would increase seat counts for these provinces, both now and in 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 much fairer for all Canadians.

Not only would representation be better now, but it would also be better in the future. The representation gap would become much, much smaller and the fast growth of the problem under the current formula would be stopped. At the same time, Bill C-20 would ensure that smaller and slower growing provinces would maintain their current number of seats. This is only what is fair to those parts of the country, and it is reasonable and principled to maintain their effective representation in the House.

The legislation would also fulfill our platform commitment to maintain Quebec's representation at a level proportionate to its population.

It is important to highlight that this is exactly what we promised in the last election and this is exactly what we are delivering. We are keeping the promises we made to Canadians during the election campaign.

Quebec would receive three new seats, since the purpose of the bill is to move every single province toward representation by population in a fair and reasonable way. We are also being fair by making sure that the seat allocation formula would not move overrepresented provinces under the level which their population warrants. That would not be fair to those provinces and it would not be right for us to do that. This is in support of the principle of proportionate representation. It is another one of the fundamental principles in our democracy right alongside representation by population.

As I said, we are keeping our promises and we are keeping them in a fair and very reasonable way.

This bill would better respect and maintain representation by population. This bill would directly help under-represented Canadians, like the constituents in my riding of Brampton—Springdale, and in many other ridings in the GTA and elsewhere in this country.

This bill would ensure the effective and proportionate representation of all provinces, especially for smaller and slower growing ones. This bill would have national application that would be fair for all provinces. As the minister said, all Canadians from all backgrounds in all parts of the country expect and deserve fair representation. This bill would provide that in a very principled way.

Since we are talking about fairness, I would also like to talk about accuracy. After all, using the best data available to us is fair. This bill would ensure that when allocating seats to each province, the best data available would be used. This would ensure that Canadians are fairly represented. Instead of using the census population numbers, Statistics Canada's annual population estimates would be used. These estimates work to correct for some of the under-coverage in the census, and they provide the best data for the total provincial population. In that way we would make sure that Canadians in the faster growing provinces would be getting the representation they deserve.

This change would assist in making sure the growing representation gap was closed sooner rather than later. This would be especially helpful for people in ridings like mine and the many other faster growing ridings across Canada.

In Bill C-20, we are also maintaining the independent process that draws the riding boundaries in every province, and making sure that process also has the best data available for its purpose, too.

The readjustment of the electoral boundaries would be done using the census data, as it always has been done. Why is the census data best for this job? The census provides a population count street by street and house by house. This accuracy is necessary to most properly draw the new electoral boundaries and is the best data available for the job.

There would be no change to that aspect of the process, which has been the process since 1964. It will remain fair, impartial and independent. There would be some changes to streamline the process, however.

We want to make sure that the new seats and boundaries are ready for the next election so that Canadians get the fair representation they deserve as soon as possible. If we wait too long, Canadians will have to go for another decade or longer with worse and worse representation. That is not acceptable, so we will not allow that to happen.

In conclusion, this bill, the fair representation act, is a principled update to the formula allocating House of Commons seats. It is fair. It is reasonable. It is principled. It would solve an important problem that needs to be fixed and which will only grow worse if we fail to act for all Canadians. It would achieve better representation for faster growing provinces where better representation is strongly needed. It would address and correct the under-representation of many new Canadians in large suburban ridings like my own. It would also maintain effective representation for smaller and slower growing provinces. The fair representation act would deliver these things and would deliver on our government's long-standing commitments.

I hope that we can pass this sensible and good piece of legislation as soon as possible. The vote of every Canadian should have equal weight to the greatest extent possible, and we cannot delay that. The constituents in my riding of Brampton—Springdale expect that from us and we need to deliver.

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.

The House resumed consideration from November 2 of the motion that Bill C-20, An Act to amend the Constitution Act, 1867, the Electoral Boundaries Readjustment Act and the Canada Elections Act, be read the second time and referred to a committee, and of the amendment.

Bill C-20--Time Allocation MotionFair Representation ActGovernment Orders

November 3rd, 2011 / 10:55 a.m.
See context

York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Mr. Speaker, I move:

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

At fifteen minutes before the expiry of the time provided for government business on the day designated for the consideration of the said 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 2nd, 2011 / 5:20 p.m.
See context

Edmonton—Sherwood Park Alberta

Conservative

Tim Uppal ConservativeMinister of State (Democratic Reform)

Mr. Speaker, I am very happy to have this opportunity to speak about fairness and representation for all Canadians.

In the last election and in previous elections, our party committed to Canadians that we would address the growing unfairness in representation. During the last election, we made three distinct 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 population growth in British Columbia, Alberta and Ontario.

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.

Bill C-20, fair representation act would provide fair representation for Canadians living in the fastest growing provinces of Ontario, British Columbia and Alberta.

First, I would like to outline the problem that we need to fix.

According to our Constitution, every 10 years the number of House of Commons seats allocated to each provinces is revised. The way this is done is through the seat allocation formula explained in section 51 of the Constitution Act, 1867.

The seat allocation formula in place now dates from 1985. Back in 1985, our predecessors in this place faced a decision. They could either allow the size of the House of Commons to grow roughly in line with population growth, or they could attempt to restrain the growth of the House of Commons. They decided on a formula that would restrain the growth in the House of Commons. In doing that, they entrenched a seat allocation formula that would remain anchored in the past and that would not properly account for population growth in the future.

The most obvious and unfortunate result was that the representation of Canadians in our largest and fastest growing provinces was discounted. In fact, population growth was largely ignored by the formula and fairness in representation for Canadians suffered more and more as time went on. To be fair, the problem was not simply with the formula. It was flawed, certainly, but it needed help. Our population growth patterns were that help.

Population growth since the mid-1980s has seen significant higher than national average growth in Ontario, British Columbia and Alberta. Population growth in those provinces has been even higher in large urban and suburban areas. Under the 1985 formula, the population of these three provinces have become significantly and increasingly under-represented due to the population growth.

This has caused a representation gap. This representation gap should, of course, be addressed. To illustrate the need for addressing this representation gap, we look no further than the riding of my colleague from Brampton West. He joined me for the announcement of the bill last week in his riding and his riding is the perfect example of the need for this bill.

Brampton West is home to the largest number of Canadians in any one constituency at over 170,000 people. That population figure was as of the 2006 census, over five years ago. Truly that number is even higher right now. That 170,000 people compares to an average national riding size of just under 113,000 people. In fact, only our four largest provinces have average riding sizes of over 90,000 people.

Brampton West is represented by one member of Parliament, though its population alone could warrant almost two in most other areas of the country. Brampton West is also home to a considerable number of new and visible minority Canadians. Canada's new and visible minority population is increasing, largely through immigration. These immigrants tend to settle in fast growing communities like Brampton and in our fastest growing provinces like Ontario.

These three factors, high immigration to fast growing regions of the fastest growing provinces, combine to magnify the representation gap to these regions. This situation inadvertently causes new Canadians and visible minorities to be even more under-represented than the average.

It is clear for all to see that this situation undermines a principle of representation by population in our country. Brampton West is the most extreme example of the representation gap, but it allows us to put the problem into perspective.

If left with the status quo, the representation gap experienced by Canadians living in fast growing provinces and constituencies will grow even more striking. If left to grow worse, this gap could seriously threaten the legitimacy of our claim to being a representative democracy.

It truly is that important. This is a serious problem that requires an immediate solution. I propose that Bill C-20 would be that solution.

With the fair representation act, our Conservative government would deliver a principled and reasonable update to the formula allocating seats in the House of Commons.

The bill would do a number of things. It would move every single province toward representation by population in the House of Commons. It would address the representation gap by moving Ontario, British Columbia and Alberta significantly closer to representation by population. Using the formula put forward in the bill, Ontario would receive 15 new seats, British Columbia would receive 6 new seats and Alberta would receive 6 new seats. The bill would increase seat counts for these provinces, both now and in the future, by ensuring that population growth would be more accurately factored into the seat allocation formula. In this way, the foundation principle of representation by population would be much better respected and maintained, now and in the future.

At the same time, the bill would ensure that smaller and slower-growing provinces would maintain their number of seats. The legislation would also fulfill our platform commitment to maintain Quebec's representation at a level proportionate to its population. Quebec has just over 23% of the provincial population and it would have just over 23% of the provincial seats in the House of Commons. That is what we have promised and that is what will deliver.

Since the purpose of the bill is be to move every single province toward representation by population in a fair and reasonable way, Quebec will receive three new seats under a new representation rule applicable to all provinces should they need it. This rule will ensure that no province that is over-represented will experience representation less than what is proportionate to the population after any future seat adjustment. The reason for this is simple and fundamental. While the relative weight of provinces may fluctuate, our seat-allocation formula should ensure that efforts to move under-represented provinces closer to representation by population do not also bring over-represented provinces under the level which their populations warrant. This is in support of the principle of proportionate representation and is one of the fundamental principles in our Constitution, right alongside representation by population.

It would not be fair or principled to enact a formula that could punish a smaller or slower-growing province in that way. This rule is be part of the fair balance that we must strike.

We have an obligation to enact a formula that better respects and maintains representation by population. The bill would do this. We have an obligation to enact a formula that ensures the effective and proportionate representation of all provinces, especially for smaller and slower-growing provinces. The bill would do that. We have an obligation to enact a principled formula with national application that is fair for all provinces. The bill would do that. We have an obligation to work together to ensure that the vote of each Canadian, to the greatest extent possible, has equal weight. The bill would do that. Canadians rightfully expect fair and principled representation in their democratic institutions. I think this bill would provide that as well.

I would like to discuss the details.

As I have stated, Bill C-20, fair representation act, would update the constitutional formula for allocating seats in the House of Commons among the provinces. The seat readjustment formula has been updated by Parliament a number of times since Confederation, each time seeking to strike a balance among the principles I just outlined. Parliament acts through its authority to amend the Constitution in relation to the House of Commons under section 44 of the Constitution Act, 1982. This was the same constitutional authority under which the existing formula was passed in 1985. I want to make it clear that we are on firm and well-travelled ground.

The seat allocation formula operates by determining an electoral quotient which, theoretically, represents the average population per seat and then dividing the population of each province to determine the initial number of seats per province. Once initial seat allocations are produced, the formula provides additional seats to certain provinces, according to the two minimum seat guarantees outlined in the Constitution.

Added in 1915, the Senate floor guarantees that no province can have fewer seats in the House of Commons than it has in the Senate.

Added in 1985, the grandfather clause guarantees that no province can be allocated a number of seats that is less than the number of seats it had in 1985.

The final step adds the total provincial seats and one seat for each territory to determine the total number of seats.

The representation gap I spoke of earlier stems from this point. The current 1985 formula sets 279 members as a permanent divisor in determining the electoral quotient, and 279 was the number of provincial seats in the House of Commons at the time that the formula was passed in 1985.

The House then had 282 seats, 279 provincial seats and three territorial seats. This divisor of 279 was not allowed to readjust over time to reflect the actual number of provincial seats in the House of Commons, currently at 305.

The combined effect of fixing the divisor at 279 and the seat guarantee to slower growing provinces is this. It prevents faster growing provinces from receiving a share of seats that is in line with their share of the population. Faster growing provinces have accordingly become significantly and increasingly under-represented in the House of Commons, relative to their population, and are likely to become even more under-represented in future reallocations under this existing formula. This is clearly not fair.

The fair representation act would provide an updated allocation formula that would move every province toward representation by population and significantly reduce the number of increasing under-representation for the faster growing provinces.

The electoral quotient with the 2011 readjustment will be set at 111,166. This number reflects the average riding population prior to the last seat re-adjustment in 2001 and increased by the simple average of provincial population growth rates.

The Senate floor and grandfather clause would continue to apply.

The representation that I spoke of would also apply, such that if a currently overrepresented province becomes under-represented as a result of the application of the updated formula, additional seats would be allocated to that provinces so its proportional representation, according to population, is protected.

For the purpose of calculating the provincial seat allocation, provincial populations would be based on Statistics Canada's annual population estimates from July 1, 2011. These estimates correct for undercoverage in the census and provide the best data available on provincial populations and therefore the most appropriate data with which to determine provincial seat counts.

For the 2021 readjustment and each subsequent readjustment, the electoral quotient would be increased by the simple average of provincial population growth rate since the preceding readjustment. The result is a larger increase in the number of seats in the House of Commons compared to the current 1985 formula, both in the next readjustment and in the future readjustments.

These increases will more accurately reflect population growth across the country and will provide for far closer representation by population. The increasing representation gap would be closed and Canadians would be represented much more fairly.

Where and how the House of Commons seats are distributed within provinces is a separate and distinct process that will remain largely unchanged. Once the number of seats per province is established, the process set out in the Electoral Boundaries Readjustment Act is used to readjust and redistribute electoral boundaries within the provinces.

The readjustment of electoral boundaries is taken in accordance with census data, as it has always been, which provides population counts at the geographic level that is necessary to most accurately revise electoral boundaries.

The independent boundary commissions that determine the electoral boundaries for each province will continue to be constituted in the same way and will continue to operate unchanged. This independent boundary commission process was established in 1964 and was amended slightly in 1979. There is no change to that aspect of the process.

The fair representation act does include amendments that would streamline the timelines governing the boundary readjustment process to ensure that it will be completed and in effect before the end of our government's mandate. The changes proposed to the boundaries readjustment process are aimed simply and solely at streamlining the process.

Moreover, each proposed change to the timelines has been recommended previously in some form by the Chief Electoral Officer, the procedure and House affairs committee, or the Royal Commission on Electoral Reform and Party Financing, known as the Lortie commission.

These changes should streamline and modernize the process. They have taken into account recommendations expressed by Elections Canada.

While the timelines are changing somewhat, the process itself remains unchanged and independent.

To conclude, the fair representation bill is a principled nationally applicable update to the formula that allocates seats to the House of Commons. It is fair. It is reasonable. It is principled. It solves a problem that needs to be fixed and that will only grow worse if we fail to act. It will achieve better representation for faster growing provinces while maintaining representation for smaller and slower growing provinces.

I will say it again: Canadians rightfully expect fair and principled representation in their democratic institutions. The fair representation bill delivers on this expectation and delivers on our government's long-standing commitment.

I strongly encourage the opposition to work with us in passing this principled and reasonable legislation as quickly as possible to ensure the vote of every Canadian has equal weight to the greatest extent possible and as soon as possible. I look forward to continuing my work with all my colleagues in the House to ensure that happens.