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.

Fair Representation ActGovernment Orders

December 12th, 2011 / 6:30 p.m.
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Conservative

The Acting Speaker Conservative Bruce Stanton

It being 6:30 p.m., the House will now proceed to the taking of the deferred recorded division on the motions at report stage of Bill C-20.

Call in the members.

And the bells having rung:

The House resumed from December 9 consideration of Bill C-20, An Act to amend the Constitution Act, 1867, the Electoral Boundaries Readjustment Act and the Canada Elections Act, as reported (without amendment) from the committee, and of the motions in Group No. 1

Fair Representation ActGovernment Orders

December 9th, 2011 / 12:30 p.m.
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Conservative

Brent Rathgeber Conservative Edmonton—St. Albert, AB

Madam Speaker, it is indeed an honour for me to rise and add my comments at report stage with respect to Bill C-20, the fair representation act.

As members know, representation by population is one of the fundamental principles of democracy. In fact, it is one of the principles that this country was founded upon.

In researching the debates leading to the British North America Act and the formation of Upper and Lower Canada with New Brunswick and Nova Scotia in 1867, members would know that the Fathers of Confederation insisted that the House of Commons would be based on the concept of representation by population; that all Canadian citizens in the new country of Canada would have an equal voice in electing members to this chamber and an equal voice in the affairs of their nation; and that their members would, within reasonable limits, represent the same number of people.

Those principles that our country and Constitution are based on are as valid today as they were in 1867, so it will come as no surprise to the members of the House that I support Bill C-20 and congratulate the Minister of State (Democratic Reform) for introducing this legislation. In my view, it will remedy some of the current deficiencies in representation in this chamber.

This legislation, as members of the House know, does not dictate the number of seats that each province would get; rather, it sets a formula and changes the formula that determines the representation in this House.

Several provinces in our Confederation are growing much more quickly than others. I happen to represent an electoral district in one of those faster-growing provinces, the province of Alberta. The other faster-growing provinces are British Columbia, where you, Madam Speaker, are a representative, and Ontario.

On representation by population, I think we can agree on two things: that it is a principle that ought to be adhered to to the greatest extent possible, and that true and perfect representation by population is impracticable in a country as diverse as Canada.

Simply stated, on the one hand we have too many densely populated areas. Around the GTA, for example, Mississauga, Brampton and other suburbs are densely populated and growing arithmetically. Conversely, we have very sparsely populated parts of our country: the Arctic, the Northwest Territories, Yukon, even northern Alberta. Driving an hour north of my riding of Edmonton—St. Albert, one begins to enter the sparsely populated parts of our province.

We will never have perfect rep by pop because there has to be some accommodation for the less densely populated areas to be represented. Of course those provinces and territories are entitled to representation, and they require and deserve a voice on national issues.

Over time, representation in this place has been modified by a number of formulas, each superimposed upon the other, and we have talked about them today. There is the Senate floor clause, I think from around 1915, which guaranteed that no province could have fewer seats in the lower chamber than it had in the upper chamber. Then there is the 1985 grandfather clause, which dictates that no province could have fewer seats than it had at that time. We have a number of rules superimposed upon each other, and those rules, coupled with the fact that some provinces, including mine, are growing very quickly have led to the current disproportion.

It is a significant disproportion. According to the Mowat Centre, 61% of Canadians are currently under-represented in this chamber. Worse, visible minorities in visible minority communities are particularly under-represented. That is because they tend to reside in under-represented densely populated urban areas, largely but not exclusively in the Greater Toronto Area of Ontario.

I was speaking with my colleague from Brampton West after question period. According to the 2006 census, in his riding he has the highest number of constituents in this country.

Based on the 2006 census, the population of Brampton West was 170,422 people, but he advises me that those numbers are five years old and that there are likely more than 200,000 people living in his constituency.

More significantly, 53% of those, according to the member, are visible minorities. This creates some really distinct problems when we try to represent both that number of people and that number of visible minorities.

As I know from representing the good people of Edmonton—St. Albert, the majority of what we refer to as “casework” is immigration work on behalf of individuals attempting to get visas for their relatives or to expedite their path to citizenship. I represent a relatively homogenous riding in Alberta, but casework still takes up probably close to 70% of the files that come to my office from constituents needing my assistance, so I cannot imagine the workload for a member like the member for Brampton West, who represents, according to him, 200,000 people, half of whom are visible minorities.

The bill tends to remedy those deficiencies by working toward representation by population, although admittedly not achieving it in any perfect form.

Under the new formula, the calculation would give Ontario 15 additional seats, British Columbia six additional seats and my province, Alberta, six additional seats. Because of Quebec's unique status within Confederation, Quebec would be provided with three additional seats to allow its representation to be comparable to what it is currently.

This is a great attempt at moving toward representation by population.

I want to share an anecdote, because I have some experience in this matter.

I know the members of the Liberal Party are advocating that provinces such as mine be awarded extra seats but that the size of the House not be increased. We were faced with a very similar problem in Alberta about eight years ago, when I was the MLA for Edmonton-Calder. We had a comparable situation in that the city of Calgary was growing very quickly; the city of Edmonton was growing, but slowly; and rural Alberta was either staying constant or, in some parts, actually getting smaller. As a result, the people of Calgary were under-represented in the provincial legislature, and we had to wrestle with this very same issue.

Ultimately the decision we made was similar to what the Liberals are currently proposing federally: the provincial legislature would stay at 83 seats, but to accommodate that, we would take two seats away from rural Alberta and one away from Edmonton and give those three seats to Calgary. I know the member for Crowfoot remembers that situation.

The outcry, which ought to have been predictable, was loud. The citizens of Edmonton would not and did not accept that one of their members of the Legislative Assembly of Alberta would be taken out of play and that they would have one less representative. They felt disenfranchised.

They spoke loudly, first through letters to the editor. Editorialists wrote that the MLAs for Edmonton were not standing up for Edmonton. They subsequently spoke in the next election about their dissatisfaction. Of course, that was not the only issue, but they were certainly dissatisfied with the loss of a member of the legislature.

I say to my friends opposite who advocate keeping this House at the same size by reducing the number of members from certain provinces that the citizens of those provinces will not accept it. They will argue, and argue correctly, that they have been disenfranchised, that they have lost membership in this House and that they care about representation. They will be upset.

This formula, which expands this House marginally, would allow for more representation for faster-growing provinces such as mine, Ontario and British Columbia, but it would not take away seats from any province. Therefore, it is a good compromise and a step toward representation by population, which is a fundamental concept of our democracy and needs to be preserved.

Fair Representation ActGovernment Orders

December 9th, 2011 / 12:15 p.m.
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NDP

Tarik Brahmi NDP Saint-Jean, QC

Madam Speaker, I would like to speak today about Bill C-20.

Many things have been said about how the regions must be represented fairly. In order to emphasize the inconsistency of Bill C-20, the bill presented today by the government, I would like to focus on a case that has not been discussed very much to this point, and that is the case of Prince Edward Island.

Four of the 308 members of the House currently represent Prince Edward Island, when really the province should have just one representative. If we can abandon the purely mathematical approach that would have us divide the number of inhabitants by an electoral quotient in the specific case of Prince Edward Island, why can we not do the same for Quebec?

If this dead-simple and rather mean mathematical approach that would have us divide the population by an electoral quotient were used, the entire province of Prince Edward Island would have only one member of Parliament. The principle that we have accepted is the result of the Senate floor clause—one of the clauses that allows a province to have a different number of representatives than it would if the number were determined based solely on mathematical calculations—and it must also be applied to other specific cases. Quebec is one of them since Quebeckers are one of the three founding peoples of Canada. If we want to respect the spirit that prevailed when Canada was created, Quebec must be allowed to maintain its political weight in the House.

Prince Edward Island has a population of 135,000 people, and it has four members of Parliament. Some ridings in provinces like Ontario, British Columbia and Alberta have 125,000 constituents. When we compare these numbers, we see that, on one hand, we have 125,000 constituents being represented by one member and, on the other, we have 135,000 constituents being represented by four members. This is not a purely mathematical calculation. On the contrary, in keeping with the spirit that prevailed when Canada was created, this country's culture includes the principle of fair representation, not just in the mathematical sense but also in terms of economic, geographic and historic realities.

If we accept the Senate floor clause—even though the NDP is far from a strong supporter of a Canadian Senate—we must keep in mind that Canada is a very big country with historic, geographic and social specificities, since it has more than one founding people. We must therefore not apply a purely mathematical approach. To my knowledge, when the Conservative government introduced this bill, it never questioned the over-representation of Prince Edward Island.

There is a well-known saying that what's sauce for the goose is sauce for the gander. Either we are consistent and apply a mathematical formula, in which case Prince Edward Island would have only one member, or we accept the fact that representation will not be purely mathematical, but will have some significance, in which case special dispensation must be applied.

Special dispensation also applies to the territories. We have three territories that each have an MP, although if we used a mathematical formula, those three territories would likely be lumped together and represented by a single MP. So another exception is being made there.

The NDP is saying we should maintain the 24.35% for Quebec. Doing so would indeed depart from the mathematical formula and pure accounting principles, but this special dispensation embodies the unique nature of each part of the Canadian population, the people that make up this great democracy, this great historic and political space that is Canada today. It is because of these special dispensations that some provinces are overrepresented and others are underrepresented right now.

What is the NDP's position? We want more seats for those provinces that are growing rapidly, but we also want more seats for Quebec in order to maintain the 24.35%.

The results on May 2, 2011, gave us a historic opportunity to show Quebeckers that they are welcome in the great Canadian family. This is a historic moment that has probably been underestimated. It is hard to see it because it is happening right now before our eyes. When historians look back at this time, they will understand its significance and its importance. It is a historic moment that has given hope to the most skeptical Quebeckers, those who were the most reticent about the Canadian federation. Today, we must welcome them into the great Canadian family with a non-partisan bill, as the government is proposing, and a bill that sends a clear message to skeptical Quebeckers that we want to welcome them into the great federal family.

I would like to commend the work of the hon. member for Compton—Stanstead. In introducing his Bill C-312, he did in fact take into account the special sensibilities of Quebeckers. Today, as it will in the future, his bill is reaching out to the most skeptical and the most fearful to let them know that they are welcome.

Our bill will make changes to improve the representation of the provinces that are currently under-represented—Ontario, British Columbia and Alberta—but it will also maintain the weight of Quebec and the nation formed by Quebeckers in this House, as stated in the 2006 motion, which, I remind hon. members, was adopted unanimously by this House.

I will stop there because I think the case of Prince Edward Island is a prime example of why there must be exceptions to purely accounting rules. I am available to answer any questions.

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

Fair Representation ActGovernment Orders

December 9th, 2011 / 10:45 a.m.
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Mississauga—Brampton South Ontario

Conservative

Eve Adams ConservativeParliamentary Secretary to the Minister of Veterans Affairs

Mr. Speaker, I am very happy to have the opportunity to speak to Bill C-20, the fair representation act, as it would provide much fairer representation for my home province of Ontario. What the bill addresses is the serious and increasing under-representation of our fastest growing provinces, especially Ontario.

This under-representation is a serious problem that requires an immediate solution. Something must be done. This problem is only going to get worse if we keep the status quo. Happily, we have a solution to fix this problem and a government that is interested in fixing it, not just using the problem to score political points.

Our government is committed to addressing this problem with the fair representation act. Bill C-20 provides a principled update to the formula allocating House of Commons seats that is fair for all provinces. This is an important point. Increasing representation for the faster growing provinces should not be done at the cost of pitting region against region, or Canadian against Canadian. What we have seen from the opposition parties on this issue is quite the opposite. Their proposals, both in their own way, compromise the democratic representation of some Canadians in the name of making political statements.

The NDP, on the one hand, would guarantee a province a fixed percentage of seats in the House regardless of its share of the population. That is not in keeping with our formula that moves all provinces closer to representation by population. The fact is the NDP proposal would introduce a new factor that would cause further under-representation of the faster growing provinces, like Ontario, provinces that we need to treat more fairly. The change proposed by the NDP is not something this House and our Parliament can do on its own.

The Liberals, on the other hand, present a proposal that would be a recipe for provincial anger and conflict. The Liberals propose taking seats away from the smaller, slower growing provinces and giving those seats to the larger, faster growing provinces.

We make no apologies for addressing the significant and increasing under-representation of ordinary Canadians. Our bill does that, just as we promised it would. We also make no apologies for believing that this problem should not be fixed by inflicting seat losses on other provinces.

Just as we are ensuring that no province can move from being overrepresented to under-represented as a result of this formula, we are also ensuring that no province would lose seats through this formula. That is why we made three distinct promises on House of Commons representation in the last election to ensure that any update to the formula would be fair for all Canadians in all provinces. First, we said we would increase the number of seats now and in the future to better reflect population growth in places like British Columbia, my home province of 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.

We would have to move away from those promises in order to implement either of the opposition parties' proposals. We are not going to do that.

Our government received a very strong mandate in the last federal election to deliver on the commitments we made, and we are doing exactly that with the fair representation act. It is important that these three commitments be taken together. When taken together, the update to the formula allocating House of Commons seats would be fair across the country. The practical result of Bill C-20 is that every single Canadian moves closer to representation by population.

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

The practical effect is that Ontario, Quebec, British Columbia and Alberta would be entitled to new seats under the fair representation act. Ontario, with the largest population, would receive 15 new seats. Historically, we have always been under-represented in the House. I believe my residents deserve equal voice in the House. Alberta would receive six new seats rather than only three. British Columbia would receive six new seats rather than only one. Quebec's representation which will equal its population means that it will receive three new seats.

This is the best formula to move all provinces toward representation by population in a principled manner. This fair representation would have a direct effect on my riding in Mississauga and on the greater Toronto area as a whole. Canadians, especially new Canadians and visible minorities, would be much more fairly represented than they are now. Ontario residents are entitled to fair representation, and the populations of our ridings would be much more manageable.

Our second commitment is that the government will address under-representation in a way that respects the representation of smaller provinces. This is a long-standing commitment of our government and our party. Canadians have given us a strong mandate to deliver in this regard.

The fair representation act is fair for all Canadians, not just for some provinces. It is a measured investment that brings every single Canadian closer to representation by population. We have committed to protect the seat counts of the smaller provinces and we will keep that promise.

Finally, our third commitment under the fair representation act also provides that the seat allocation formula would apply a representation rule. If a province becomes under-represented as a result of the application of the updated formula, additional seats would be allocated to that province so that its representation would equal its share of the population. Based on population estimates, Quebec would be the first province to receive new seats in order not to become under-represented by the application of the updated formula.

Quebec has 23% of the provincial population and will have 23% of the provincial seats in the House of Commons. My colleagues have said that before and I will repeat that again. Quebec would be fairly represented under this bill. That said, the representation rule is nationally applicable and applies equally to every single province in the country that enters the scenario.

This representation rule is a principled measure that ensures smaller and low-growth provinces would not become under-represented in the future. They would maintain representation that is in line with their share of the population. That is fair as well.

In conclusion, this bill, the fair representation act, is the best formula to address the under-representation of Canadians living in Ontario, Alberta and British Columbia without causing undue conflict. It is reasonable. It is principled. It is nationally applicable. Most importantly, it is fair to all Canadians. It will achieve better representation for Canadians living in faster growing provinces while maintaining representation for smaller and slower growing provinces. It is eminently more fair for Ontario. It brings every single Canadian closer to representation by population. It delivers on our government's long-standing commitment to move toward fair representation in the House of Commons.

The fair representation act is principled and reasonable legislation that needs to be passed as quickly as possible. I encourage the opposition to work with us on this important piece of legislation for Ontario and for all Canadians.

Fair Representation ActGovernment Orders

December 9th, 2011 / 10:35 a.m.
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NDP

Andrew Cash NDP Davenport, ON

Mr. Speaker, it is an honour to rise and speak to Bill C-20. As we know, representation and the redistribution of seats is a delicate balancing act. It is a vital exercise in nation building and we need to balance many issues. We need to balance the fact that we have huge northern ridings that are having a hard time—

Fair Representation ActGovernment Orders

December 9th, 2011 / 10:20 a.m.
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Conservative

Ted Opitz Conservative Etobicoke Centre, ON

Mr. Speaker, it is with great pleasure to stand in the House to discuss Bill C-20 today, the fair representation act.

Our government received a strong mandate to move toward representation by population in the House of Commons. As the representative for Etobicoke Centre and a proud Ontarian, I am delighted that the Government of Canada is moving in the right direction to ensure that the under-represented provinces, such as my own, receive the representation that they deserve.

Each and every citizen of this great country deserves to have representation that is fair and balanced. The fair representation act would move every province toward representation by population and, in particular, by reflecting three distinct promises our government made to provide fair representation: first, allocating an increased number of seats now and in the future to better reflect population growth in Ontario, British Columbia and Alberta; second, maintaining the number of seats for smaller provinces; and third, maintaining the proportional representation of Quebec according to its population.

We campaigned on these promises and Canadians voted for a strong, stable, national, majority Conservative government, which is here to deliver on the promises we made to Canadians. We gave our word and the Prime Minister and the government will keep the promises that we made to Canadians.

The representation of the provinces in the House of Commons is readjusted every 10 years using the formula established in section 51 of the Constitution Act. The current formula dates to 1985 and was designed to provide modest increases to the size of the House. While the 1985 formula has been successful in limiting the size of the House of Commons, it has created a representation gap for the faster growing provinces, Ontario, British Columbia and Alberta.

The current formula maintains this serious under-representation and, in fact, will worsen as time passes and as the Canadian population continues to increase.

As an example, well over 60% of Canada's population is, and would continue to be, seriously and increasingly under-represented using the current formula. The combined effect of fixing the divisor at 279, in combination with the existence of the seat guarantees in the Constitution, has prevented Ontario, British Columbia and Alberta from receiving a share of seats that is commensurate with their relative share of the overall population. This is not acceptable and, most to the point, it is not fair. Bill C-20 would address this problem.

The formula in Bill C-20 is principled and is a reasonable update designed to bring those provinces closer to representation by population, while at the same time maintaining the seat count of the slower growing provinces and ensuring that Quebec maintains the level of seats that is proportionate to its population. In fact, the fair representation act brings every province closer to representation by population.

The three large faster growing and under-represented provinces would move closer to fair representation and would be fairly treated in the future. That is then fair. In this way, the foundational principle of representation by population would be much better respected and maintained now and in the future.

Population growth within those provinces has been even higher in large urban and suburban areas. Canada's new and visible minority population is increasing largely through immigration and these immigrants tend to settle in fast-growing communities in our fastest growing provinces. The situation inadvertently causes Canadians in large urban centres, new Canadians and visible minorities to be even more under-represented than is the average.

It is clear that this situation undermines the principle of representation by population in our country and the need for Bill C-20 to become law as soon as possible.

The pragmatic course of action, namely the application of the new formula, would be to add an additional 30 seats to the House of Commons for a total of 338. In terms of the provincial breakdown, Ontario would receive 15 new seats. Alberta would receive 6 new seats and British Columbia would receive 6 new seats. Quebec would receive three new seats as a result of the new representation rule, which would ensure that its seat total does not come under the number of seats proportionate to its population.

Finally, the bill provides an adjustment to the formula in order to account for future increases in population counts following future censuses

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

The serious and increasing under-representation of our faster growing provinces, Ontario first among them, is a serious problem that requires an immediate solution. The Chief Electoral Officer told the procedure and House affairs committee that passing this bill before the new year is the best scenario. We are moving quickly to meet the deadlines we face in the new year to best facilitate the process that will bring these changes into place for Canadians.

In addition to the updated formula for allocating seats, Bill C-20 also proposes amendments to the Electoral Boundaries Readjustment Act that aim to streamline the timelines in the current boundary readjustment process. There will be no change to the timelines relating to the parliamentary phase of the electoral boundary process and, most important, Canadians will continue to have the same opportunity to voice their opinions on boundary changes during public hearings held by the commissions, as the parliamentary secretary said earlier.

The updates to the Electoral Boundaries Readjustment Act follow recommendations made in the past by the procedure and House affairs committee, the Chief Electoral Officer and the Lortie Commission of 1991.

Since the fair representation act was introduced, many of my constituents have rightly demanded to know how much the new seats in Parliament will cost. I will be clear in stating that the annual cost per MP are estimated at approximately $642,000, for a total of $19,281,00 for the 30 new MPs. During each election, there will be a cost of approximately $505,800 per new riding.

Yes, there is an additional investment to be made, and at the end of the day our government's first and top priority is the economy. We remain focused on the mandate that Canadians have given us to secure the economic recovery through a low tax plan for jobs and economic growth.

However, maintaining fair representation costs money and I will not be apologetic over these costs and the benefits they provide Canadians, because this is the cost of democracy and ensuring that all Canadians benefit fairly and uniformly. If nothing is done, Canadians living in the fastest growing provinces will only become more and more under-represented under the status quo. Clearly, this is not fair.

Every Canadian's vote, to the greatest extent possible, should carry equal weight. In my own riding of Etobicoke Centre, along with my colleagues in the greater Toronto area, the need for Bill C-20 could not be greater. Having effective representation is a necessary requirement for a healthy democracy and to ensure the voices of Canadians are heard by their elected officials.

It also enables parliamentarians to effectively serve the people who sent us to the chamber on their behalf. Without Bill C-20, this would become increasingly difficult to achieve.

As I mentioned earlier, urban Canadians are under-represented. This has serious consequences. In Etobicoke Centre, for example, my office deals with an enormous number of immigration case files, social security issues, employment insurance, passport requests and many other government services. By increasing the number of seats in urban areas, Canadians will be better served.

Like all members of Parliament, I have a modest budget and staff to fulfill these responsibilities. Although Bill C-20 comes with a fiduciary commitment, this is money well spent and well regulated. By increasing the number of seats in Ontario, our government is ensuring that Canadian voices are heard and that they are served by their elected officials, as well.

The updated seat allocation formula contained in the fair representation act moves every province toward representation by population. It is a fair, reasonable and principled solution that addresses the unacceptable under-representation of some provinces and fulfills our government's long-standing commitment to move toward fair representation. This bill would ensure that the vote of each Canadian, to the greatest extent possible, has equal weight. It keeps our three commitments to Canadians and delivers fairness.

Fair Representation ActGovernment Orders

December 9th, 2011 / 10:15 a.m.
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Conservative

Tom Lukiwski Conservative Regina—Lumsden—Lake Centre, SK

Mr. Speaker, we are dealing with Bill C-20 today, so I would like to focus my remarks on the bill under discussion. Although I recognize there are other issues of importance to the member opposite and his constituents, we are debating Bill C-20.

I would only point to the matter of urgency. The Chief Electoral Officer has indicated we must get this bill passed quickly because the process of boundaries commissions looking at realigning boundaries will occur regardless of Bill C-20.

Some members of the opposition have suggested that we should wait a bit to investigate, discuss and debate the bill longer. They say that if a year from now, we determine that we want to pass Bill C-20, that will still give the boundaries commissions time to do their work. That is not the case. It would be a duplication of effort because boundaries commissions will start their work in February, whether it is under the status quo or under the new Bill C-20. If we had a situation where Bill C-20 were delayed by a year, the boundaries commissions in each province would have done a year's worth of work. They would then have to go back to square one under the provisions of Bill C-20.

We need to get the bill passed and passed quickly.

Fair Representation ActGovernment Orders

December 9th, 2011 / 10:15 a.m.
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Conservative

Tom Lukiwski Conservative Regina—Lumsden—Lake Centre, SK

Mr. Speaker, I am sure my hon. colleague feels better now that he has had his daily rant.

Let me point out a couple of quick facts. First, we have a couple of constitutional provisions that we must observe: the Senate floor and the grandfather clause.

Second, the Liberal solution is to start picking winners and losers. That is unacceptable to us. I would suggest if the member opposite had done his homework, as I have done, and consulted with premiers of various provinces, he would find this would be unacceptable to the premiers as well.

What we are doing is ensuring that there will be fair representation. No province is to be unduly affected by reducing the number of representatives it has; it is a fact that our population is increasing yearly.

This will be a solution that not only gains the support of the Canadian public but gains the support of all provinces. Under the Liberal plan of taking seats away from provinces, I can guarantee that would start a loud and vocal opposition and would unduly affect government relations between the provinces and the federal government. That is something we do not want.

Our Bill C-20 addresses the matter fairly and accurately.

Fair Representation ActGovernment Orders

December 9th, 2011 / 10:05 a.m.
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Regina—Lumsden—Lake Centre Saskatchewan

Conservative

Tom Lukiwski ConservativeParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, it is a pleasure for me to stand in this place and talk about Bill C-20, our government's bill to move towards fairer representation by population in the House of Commons.

When Bill C-20 is passed, hopefully in a few days, it will be a fulfillment of a long-term commitment by our party to try and ensure that we get fairer representation by population in this place. I say “fairer” because I do not think we could ever achieve perfection in terms of population and representation that would be proportional to all provinces and fair to all provinces. In fact, some estimates suggest that if we were to look at exactly fair and accurate representation by population, we would need over 900 members in this place. Clearly that is not acceptable. It is not acceptable to our government and it would not be acceptable to the Canadian public.

However, we have recognized the fact that some of the faster growing provinces, specifically Ontario, British Columbia and Alberta, have been significantly under-represented in this place for many years. That is because the status quo formula that deals with population increases of provinces is flawed. In fact, if we stayed with the status quo, we would see significant under-representation, in those three provinces in particular, from now and into the future. The bill would address that.

We have amended the formula so that now and in the future there would be more accurate estimates of population. The formula would give this government, or the government of the day, the opportunity to increase seats in those provinces that have faster growing populations. That is just a fundamental aspect of democracy. We recognize the fact that a vote in one region of the country should weigh no more than a vote in another region of the country. Unfortunately, currently, that is not the case.

I will give a couple of examples to illustrate what I am saying here.

In my home riding of Regina—Lumsden—Lake Centre, I represent approximately 80,000 constituents. Yet, here in Ontario, there are certain ridings where the member of Parliament represents well over 170,000 constituents. Members can see that one could successfully argue that my vote in the House of Commons weighs more than the vote of a member of Parliament in Ontario who represents over twice as many people.

The formula we have brought forward addresses that inequity. We have amended the formula to increase the number of seats in those faster growing provinces. As such, members of Parliament would have an opportunity to truly reflect the wishes of their constituents. At the same time, we assure this House and the Canadian people that we will not unduly punish those provinces with smaller, slower growing populations.

The formula we have developed considers an average population size by riding, which is approximately 111,000. The formula would see an additional 30 seats introduced to the House of Commons: 15 in Ontario, 6 in British Columbia, 6 in Alberta and 3 in Quebec. This would bring our total in the House of Commons to 338. More importantly, it would ensure that in the three fastest growing provinces by population, Ontario, Alberta and British Columbia, the number of members would more accurately reflect the population, and that population is how we ultimately determine how many members of Parliament serve in this place.

I do not want to dwell too much on the formula. I think that has been debated long and hard over the past weeks. However, I do want to point out that if we do not address this inequity, we will have a situation where the boundaries commissions will start to do their work in February of next year, and start aligning boundaries based on the old population estimates.

We have to pass this legislation now. We have to pass it in this place and get it into the Senate. It has to pass in the Senate before the end of the year because the boundaries commissions need to start their work early next year. The Chief Electoral Officer of Canada has advised us that if we do not get this legislation passed before the end of this year, it could jeopardize the efforts of his office to get new boundaries and new members of Parliament in place before the next election, scheduled for 2015.

There is a sense of urgency here. That is why I am imploring all members of this place to join with us and make sure we get speedy passage of Bill C-20 before we rise for Christmas.

When the boundaries commissions start their work in February of next year, hopefully they will be working with new population estimates provided by Statistics Canada. These estimates would allow them to better determine not only how many more seats may be required in each province, but also where those boundaries would be. This is an important piece of work. We know that there would probably be instances in the three provinces with the faster growing populations where current members of Parliament might end up in a new riding with new boundaries but not even reside in that new riding. This is where we would need interventions from the general public, members of Parliament and all stakeholders. We would need to try and ensure that not only is there fair representation but also that those problems that might occur through boundary redistribution are dealt with.

Each province will have a new boundaries commission assigned, a three member board to deal with the process of establishing new boundaries. I suggest to all members that they actively involve themselves in this process. They will want to ensure that, when boundaries are to be changed in their province, they have an opportunity to speak to the boundaries commission. They would want to ensure that they are not unduly affected by significant boundary realignment. Not that it would be deliberate, but the mere function of adding seats, for example, 15 more seats in Ontario's case, would change boundaries significantly.

In the case of Ontario, where one member of Parliament may be serving over 170,000 constituents, there is a very real possibility that riding would then become two ridings. Depending on where the member of Parliament resides in that riding, he or she could find himself or herself as a sitting member of Parliament, but not in the riding that he or she once had. Therefore, all members should pay particular attention to the process.

I want to point out one other unassailable fact. In Canada, we pride ourselves for being one of the most progressive democracies in the world. We pride ourselves for ensuring that all of our citizens are well represented by their members, whether at the federal, provincial or municipal level. If we do not pass Bill C-20 and deal with the fact that our population is growing rapidly, we will have a situation where our citizens are under-represented and do not have an effective voice in the House of Commons. This is something that we will not allow to happen. That is why Bill C-20 has been brought forward for consideration by the House.

Finally, while Bill C-20 may not be a perfect solution, it is a far better solution than the status quo population by representation legislation. We are trying to ensure that not only do we address the inequities today, but also that we address the inequities as we move forward.

Ten years from now, when we go through the next boundary realignment, the formula that we have introduced in Bill C-20 will ensure that those provinces that have faster growing populations will get the representation they deserve.

The House resumed from December 6 consideration of Bill C-20, An Act to amend the Constitution Act, 1867, the Electoral Boundaries Readjustment Act and the Canada Elections Act, as reported (without amendment) from the committee, and of the motions in Group No. 1.

Business of the HouseOral Questions

December 8th, 2011 / 3:30 p.m.
See context

York—Simcoe Ontario

Conservative

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

Mr. Speaker, one of the most important things we are looking forward to in the next week or so is the passage of the major priority pieces of legislation we have been advancing this fall, for which we have been seeking to set timetables to ensure they could pass to be in effect for next year. They are our budget implementation act to ensure that important tax measures are in place like a tax credit for job creation and accelerated capital cost allowance to create jobs; our bill to ensure fair representation, to have that in place in time for the redistribution that is going to unfold next year; and in addition to that another bill which again is a time priority, the crime bill, and I do not think we are going to be able to make that objective.

However, we are looking to get those in place and, having done that, we look forward to, in the next 10 days or so, the very first of those bills we have been working on all fall to actually becoming law. That will be a very exciting time for us when we finally achieve Royal Assent, having spent that time.

I should advise members that next week will be free trade and jobs week. We will begin Monday morning with second reading of Bill C-24, the Canada–Panama free trade act. This free trade agreement was signed on May 14, 2010. It is now time for Parliament to put it into effect, so that Canadians can benefit from the jobs and economic growth it will deliver.

It being free trade and jobs week, we will begin second reading debate on Wednesday of another bill to implement a job-creating free trade agreement. In this case, we will discuss Bill C-23, the Canada-Jordan Free Trade Act, which will implement Canada's first free trade agreement with an Arab country.

This will be the last week before the House adjourns for the holidays. And it is with the Christmas spirit in mind that we hope to have the co-operation of all members in making great progress on a number of important bills with a focus on job creation and economic growth.

On Monday, if we are able to pass Bill C-24, the Canada–Panama free trade bill, we would call Bill C-11, the copyright modernization act. Bill C-11 is another bill that would lead to more jobs in Canada, and our world-leading digital and cultural sectors. Earlier this week, the Liberal motion to block further debate on this important bill was defeated in this House. That means we can get back to second reading debate and I would hope that after being debated for over one sitting week, the opposition will finally allow this bill to get to committee.

If we continue to make the progress I am hoping for, we will then call Bill C-14, the Improving Trade Within Canada Act, for further second reading debate. This is a fairly straightforward bill that will benefit the economy by implementing amendments to the Agreement on Internal Trade agreed by the provinces. I expect all parties will allow it to move swiftly to committee.

In addition to passing these job creating bills, on Monday, ideally, we would then call C-26, the citizen's arrest and self-defence act for further debate.

For the balance of free trade and jobs week, we will continue to debate any of those bills which have not yet been referred to committee. We would also look to begin second reading debate on Bill C-28, the financial literacy leader act. This bill will create a new position in the government dedicated to encouraging financial literacy for Canadians.

As for the balance of this week, which is democratic reform week, Bill C-20, the fair representation act, will be debated tomorrow at report stage, further to the motion adopted yesterday. Third reading in the House on this bill will be Tuesday. This will be followed by a vote Tuesday night, a vote that will give all members in this place an opportunity to vote on the important democratic principle of representation by population.

Senate Reform ActGovernment Orders

December 8th, 2011 / 1:40 p.m.
See context

Liberal

Justin Trudeau Liberal Papineau, QC

Madam Speaker, a couple of days ago in the House we debated the merits of Bill C-20, which was all about rearranging the distribution within the House. The NDP very clearly said Quebec needed to be better represented with even arbitrary limits and that it could not go beneath 24% so that it would be properly recognized.

The one place that Quebec is properly recognized historically is in the Senate, where 24 senators are guaranteed to be from Quebec. It is the place in our parliamentary system where regional interests get to speak most loudly. Quebeckers, whether politicians or public opinion, have repeatedly said that they want to keep the Senate, maybe improve it a bit but keep it, not abolish it.

The fact that the member is speaking about abolition of the Senate, when over half of his caucus is from Quebec, is something I would like him to address. Does he still have the agreement of half of his caucus that abolishing something that is important for Quebeckers is a good thing?

Senate Reform ActGovernment Orders

December 8th, 2011 / 12:45 p.m.
See context

NDP

Matthew Dubé NDP Chambly—Borduas, QC

Madam Speaker, like my colleagues who rose before me, I am very proud to speak to this bill, which interests me greatly. We care about our democracy, which is what is at stake here today, as my colleague from Winnipeg Centre so eloquently pointed out.

A lot is being said about the purpose of the Senate, and what it seeks to achieve. I was a political science student, so I will take this opportunity to provide an overview of the governing bodies of other nations, particularly the United States. Their experience, as it compares to ours, serves as a justification as to why the Senate must be abolished.

One of the things that the Founding Fathers said about the Senate in the United States was that it was important to have a division in government to protect against the tyranny of the majority. Like us, they have a system where the person with the majority of votes is elected. And yet, we know all too well from our experience here in Canada that there is a percentage of the population that votes for other parties. This is the case in the current Parliament, where 60% of Canadians voted for parties other than the governing party. The principle is, therefore, that with a Senate, the executive—the President, in the case of the United States—and the Supreme Court, it becomes possible to protect against what is known as the tyranny of the majority.

In the United States, they determined that the best way of using the Senate in this instance was to provide regional protection. We are well aware of our history here in Canada and the same principle applies. Essentially, the Senate was created to protect the distinctive features of the regions. Of course, certain provinces are huge, such as Ontario—not necessarily in terms of land mass, but population—contrary to territories or provinces such as Prince Edward Island, which may be smaller, but which, like any other province or territory, are entitled to be democratically protected, in the sense that the opinions of their people are expressed through elected representatives—in an ideal world of course.

The same thing is apparent here. It was true of the United States, where the states, which vary enormously as far as size is concerned—in terms of both population and land mass—each had two senators. And yet the United States learned something far quicker than we did. Unless I am mistaken, it was in the 1950s that the U.S. decided that in order to benefit from this equitable regional representation, and to fulfill the mandate of the Senate, senators had to be elected. The U.S. moved forward by overhauling the constitution, which led to an elected Senate. That was 60 years ago and, of course, we are terrible laggards in this area.

The difference, however, with Canada is that in the United States it was the governors of the states who appointed senators and not the President. The comparison can therefore be drawn with Canada, where the Prime Minister appoints senators, which is very different. How do you achieve regional representation when the Prime Minister of the federal government chooses the senators? It is quite difficult and, in some ways, is a conflict of interest.

So we see that this is the first lesson that has not been learned, and this is something that is still going on today in spite of the intentions of this Prime Minister, who stated that he would never appoint senators. And yet we have people who were defeated in elections who have been appointed to the Senate. This is a huge problem. They are talking about electing senators; they say it will be democratic, that they will respect democracy. It is one thing not to elect senators, but what is worse is to appoint someone whom the public refused to elect. Appointing someone who was not elected is a problem, but it is a more serious problem when the people have said no to those representatives. They have flatly refused to be represented by those individuals, and yet they are appointed nonetheless, and they expect that those individuals will provide the same representation as a person who was elected. That is essentially very illogical logic.

I recall a Liberal member who was just saying that we had a very simplistic position.

I take that as a compliment, because what we are saying is very simple: abolish the Senate. There is nothing complicated about that. There is no point in embarking on debates about very complex bills with huge flaws, like the main flaw that allows the Prime Minister to choose not to appoint elected senators, which is completely contrary to what is supposed to be the nub of this bill. Our position is very simple, and I agree that it is a simplistic proposal, but in the positive sense of the word. It is a solution that will enable us to solve all these problems of patronage and lack of representation, particularly as they relate to the various regions, once and for all.

I also want to talk about a few points that have already been raised by my colleagues, but I want to say more about Bill C-311 in particular, which my colleague from Winnipeg Centre and other colleagues have addressed, and which deals with climate change. We introduced an opposition motion concerning climate change earlier this week. It refers to the withdrawal from Kyoto and this government's lack of vision in that regard. In fact, this House, by a vote of all parties, had passed a bill that was going to strengthen our principles and our fundamental values in that regard, so we could take concrete action on climate change. But that bill was killed by the Senate. The very problematic thing here is that we are not just talking about a bill passed by the House of Commons, a chamber composed of elected representatives, we are also talking about a bill that many ordinary people worked hard to get passed.

I was an activist at the time myself and I worked hard to communicate with members of Parliament about the importance of that bill, and I was by no means alone. People from all across the country worked to make members of Parliament understand the inherent merits of that bill. The organization was very successful because the House passed the bill. The Senate, unfortunately, disregarding the will of the people entirely and with no justification, killed the bill. That is one of the basic problems that Bill C-7, which we have before us today, is not going to solve. The problem will be solved by abolishing the Senate. It is not complicated.

I am going to make an important connection with a debate we had earlier this week on democratic representation. The connection is important because we are talking about democracy again. I am referring to Bill C-20, which deals with redistributing the seats in this House. We know that the Liberal Party's concern was about the costs that would be incurred. But I spoke on the bill and I raised the same point today. Let us talk about reducing costs and about how to pay for that bill so that we can have more democratically elected representation. I repeat once more: it is not complicated. Let us abolish the Senate; we will save millions of dollars that we can use to pay not only for better representation for all provinces, Quebec included, but representation that will take its place in this elected House.

Since I am running out of time, I will conclude my remarks by saying that the Senate was conceived as a way to represent and protect the unique regional features of our country. I can state, specifically as a representative of Quebec, a province that is very aware of the importance of protecting those unique features, such as our language and culture, that I have seen no evidence, especially in recent years, that the Senate is doing its job of protecting that uniqueness. That is one more reason for abolishing it, and one more reason for us, as true elected members of this House, to protect the unique features of our various regions with our actions and our legislation.