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.

Senate Reform ActGovernment Orders

December 8th, 2011 / 11:30 a.m.
See context

Bloc

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

Mr. Speaker, first I would like to say that I am pleased to rise to present the Bloc Québécois's position on Senate reform.

The Prime Minister is definitely single-minded; he is taking another run at it. Under the cover of increasing the Senate's legitimacy, he is proposing two important changes to the Senate: limiting senators' tenure to nine years and allowing them to be elected by the provinces.

Before explaining my party's position, I would like to point out some of the dangers to democracy lurking in this reform bill. First, electing senators is not such an easy business. That is where the reform proposed by the Prime Minister becomes dangerous. According to the bill, the provinces would be responsible for organizing these elections, which means that implementing the bill would depend entirely on the provinces' goodwill. Most provinces are not interested or are downright hostile to this change that is being made without their consent. The Prime Minister has done nothing to win the co-operation of the provinces in this attempt to reform the Senate, and his inflexibility may result, in the end, in the appointment of some senators who are elected and others who are not.

We would end up with a legislative assembly whose democratic legitimacy would vary, unless the Prime Minister decides to leave some seats vacant. No elections in some provinces, elections in others. This would also be detrimental to the representation of certain provinces. There is another problem: the term limits would not apply to senators appointed before 2008, which would create a double standard. Ultimately, if all senators were elected, and in the absence of true reform, the fundamental problem would remain the same.

With the government's proposal, the election of senators would change the balance of power in Parliament and certainly also between the provinces and with Quebec. The Senate has broad powers that it has practically always used with a certain amount of restraint, out of respect for the House of Commons. Once elected, however, it could use its new legitimacy to stand up to MPs. The exception could become the rule, if the membership of the two houses were different.

The Conservatives' bill brushes this danger aside. So the Conservative government is proposing to reform the Senate with Bill C-7 and to reform the House of Commons with Bill C-20, which would weaken Quebec's position within federal political institutions. So it is doublespeak. On the one hand, the government is saying that it wants to prevent political manipulation by appointing senators for partisan reasons. And on the other hand, as we have seen over the past few months and the past few years, the job of senator has increasingly become a political reward given by the Prime Minister largely to his friends. The Senate as an institution is less and less useful to democracy.

The Bloc Québécois is in favour of abolishing the Senate. But let us remember that Quebec's traditional position is that any change to the Senate must be made with the consent of the provinces, especially Quebec. The Canadian Constitution is a federal constitution. There are therefore very good reasons for ensuring that a change in the essential characteristics of the Senate should not be made by Parliament alone, but rather should be subject to a constitutional process involving Quebec and the provinces.

As far back as the late 1970s, the Supreme Court of Canada looked at the power of Parliament to unilaterally change the constitutional provisions dealing with the Senate. In 1980, the court ruled that decisions regarding major changes, like the ones the Conservatives are proposing today, that affect the fundamental features of the Senate cannot be taken unilaterally. Changes to the powers of the Senate—the method of selecting senators, the number of senators to which a province is entitled, or the residency qualifications of senators—can be made only in consultation with Quebec and the provinces. Furthermore, in 2007, Benoît Pelletier, the former Quebec minister of Canadian intergovernmental affairs who is well known in the field, reiterated Quebec's traditional position, and I quote:

The Government of Quebec believes that this institution does not fall exclusively under federal jurisdiction. Given that the Senate is a crucial part of the Canadian federal compromise, it is clear to us that...the Senate can be neither reformed nor abolished without Quebec's consent.

The same day, in the National Assembly of Quebec, a resolution was adopted, a unanimous motion that read as follows:

That the National Assembly of Québec reaffirm to the Federal Government and to the Parliament of Canada that no modification to the Canadian Senate may be carried out without the consent of the Government of Québec and the National Assembly.

With the unanimous support of the National Assembly of Quebec, the Government of Quebec therefore requested the withdrawal and/or suspension of the various bills that had been introduced over time by the Conservative government with a view to Senate reform.

This position by the Government of Quebec is not new. It is an historical position. Following the unilateral patriation of the Constitution in 1982, successive Quebec governments, be they sovereignist or more federalist, all agreed on one basic premise: they did not want to discuss Senate reform before the Meech Lake accord was ratified, as Robert Bourassa said in 1989.

A little later, in 1992, Gil Rémillard said that Quebec's signing of an agreement involving Senate reform would depend on the outcome of negotiations on three important things: the idea of a distinct society, the division of power and limiting the federal spending power.

Finally, on November 7, 2007, the National Assembly of Quebec unanimously adopted the motion I mentioned earlier in my speech.

As for the people of Quebec, a fairly recent poll from March 2010 clearly shows that the majority of Quebeckers do not give any value to the Senate in its current form and that a larger proportion of them are in favour of abolishing it completely.

Here are a few figures to be more specific. Only 8% of respondents from Quebec believe that the Senate plays an important role and that the Senate appointment system works well. In addition, 22% of Quebeckers would prefer to have elected senators, while 43% would like the Senate abolished completely.

Not only is this bill unwanted, but it is undesirable.

For all these reasons, the Bloc Québécois will vote against the bill introduced by the government and, as members know, it would ideally like the Senate abolished.

Senate Reform ActGovernment Orders

December 8th, 2011 / 11:05 a.m.
See context

Liberal

Massimo Pacetti Liberal Saint-Léonard—Saint-Michel, QC

Mr. Speaker, it is my pleasure to rise today in the House to debate and criticize Bill C-7.

The Liberal Party of Canada has always defended democracy and representation. Therefore we do not object to the democratic goal of Senate reform proposed by Bill C-7, but on the other hand we do object to the constitutional problems, conflicts and injustices which this reform would inevitably bring about. This reform would indeed add some democratic legitimacy to the Senate, but that very legitimacy would bring its own share of problems.

A number of new problems would be created, and basically, for what? To try to solve a democratic deficit problem which in fact has very few real consequences. In its current form, the Senate very rarely blocks bills from the House of Commons. Why? Simply because senators are not elected and the public does not see it as having the legitimacy to block the bills produced by democratically elected members of Parliament. Senate reform would give them that democratic legitimacy, and hence senators would be correct to affirm that they have a clear mandate from Canadians and would begin to block certain bills since they would represent the population on the same footing as MPs.

Let us be realistic: to get elected, senators will have to have ideas, make promises and take positions. So they will have a mandate to defend the positions for which they were elected to the Senate. That also brings with it other problems such as political party financing. It would then be necessary to increase taxpayers’ contributions, because the Senate would have to be included. It would not be just for MPs, but a whole new series of laws would be necessary to govern senators during their election campaigns.

Do we really need disputes between the two chambers? Since 1945, only very rarely has the Senate blocked bills from the House of Commons. With this reform, one can easily imagine an impasse being caused by a Senate most with a majority of members from a certain party as it faces a House of Commons with a majority from another party. In that sort of scenario, blockages would become frequent and do harm to the political dynamics of Canada that make change possible.

Do Canadians really want a political situation in which change is difficult, or do they want quick changes when problems arise? The answer to that question is obvious. With such a reform to the Senate, the political situation in Canada would, at best, become similar to that in the United States. Canadians deserve better. If the Conservatives were serious about this bill, they would propose mechanisms for avoiding blockages in the Senate. Unfortunately, this bill ushers in another problem, which is the current distribution of the Senate.

As I mentioned earlier, an elected Senate would have more power because it would have the legitimacy to be actively involved in debates. This raises a problem of current interest, namely, the distribution of senators across the entire country. For example, today, Alberta and British Columbia have only six senators each, while the province of Prince Edward Island has four and New Brunswick has ten. The demographic situation in Canada has changed a great deal since the time the distribution of Senate seats was established.

If senators had more power, do we really believe that Alberta and British Columbia would accept being seriously under-represented, the way they are now? Changing the allocation of Senate seats would not satisfy all provinces either. So what should we do? Should we take seats away from some provinces or add some more? The Conservatives will probably want to do the same thing they have suggested in Bill C-20, that is, add more senators so that each province feels it has gained something.

Do we really believe those provinces which would lose their relative representation in the Senate would be happy about it?

Let us look at the percentage mentioned in Bill C-20, which suggests adding 30 seats to the current 308. That would mean adding 10 seats in the Senate. However, as there has been no increase in the number of Senate seats since it was established, the Conservatives may want to increase that number from 105 to 500 or so, based on how the country has grown since then. I don't know what they have in mind, but I believe representation will need to change if senators are elected. I do not know whether they will be brave enough to change the allocation of seats in the House of Commons without adding any seats. If not, they will not have the guts to do it in the Senate, either.

Meddling with the Senate will lead to quarrels. Why would the Conservative government want to create more interprovincial conflicts? Although the current situation is unfair to the western provinces, it is not all that problematic since the Senate allows the House of Commons to legislate as it sees fit. As I said earlier, a democratically elected Senate would simply create more barriers. This bill will create interprovincial quarrels and political blockages.

So what would we do to avoid the Senate blocking bills from the House of Commons? We would have to create constitutional mechanisms for resolving disputes. It is highly likely that other elements of this bill will be deemed unconstitutional by the Supreme Court of Canada. For this bill to work, the government would therefore have to reopen the Constitution. We know how difficult a subject the Constitution is. It would be necessary to have the support of at least seven provinces, as has already been said today, representing at least 50% of the population. If we reopen the Constitution, it is highly likely that the provinces will also want something in return for their support.

Take the case of Quebec, for example. I remind you that Quebec has still not signed the 1982 Constitution. Do we seriously think it will be so easy to ask Quebec to close its eyes and sign? As a Quebecker, I would say no.

Would the maritime provinces be in favour of losing their weight in the Senate? I do not think so.

Is the Conservative government prepared to declare today that it will reopen the Constitution if necessary? I very much doubt it.

In short, this bill is probably unconstitutional and, if the government decides to move ahead with it, it will lead to constitutional confrontations.

As my colleagues can see, there are many “ifs” to this bill. It is precisely for that reason that we are opposed to it, for too many problems may arise. If the government were serious about this reform, it would respond to our concerns with amendments and would negotiate with the provinces. At present that is not the case. So there will be quarrels between the provinces, legal challenges and confrontations between the House of Commons and the Senate.

Finally, there is another problem to consider. What do we do if the Prime Minister refuses to recommend an elected senatorial candidate? In fact it is always the Governor General who appoints senators on the recommendation of the prime minister. The Prime Minister never appoints them directly. So a mere bill cannot force the Prime Minister to have a candidate appointed.

In spite of all the problems I have raised, this bill might well make no change apart from the problems I have mentioned. Let us be clear: this government does not even follow the rules when it comes to appointing an Auditor General. Can we believe that it will follow the rules for the Senate?

Like the rest of the Canadian population, we are in favour of democratic representation. But in this case, the reform will only create problems. At the moment the Senate is not democratic, but it lets the elected officials present their bills, and in so doing respects Canadian democracy. Furthermore, we believe that this reform is unconstitutional, and we know for a fact that the Conservative government does not want to reopen the Constitution.

The government must not do half the job: either let it commit to a total reform, including negotiations with the provinces and reopening the Constitution, or let it keep the status quo.

In closing, I want to emphasize the following point. We are not opposed to a democratic reform of the Senate but we are opposed to the way that the Conservatives want to do it.

Senate Reform ActGovernment Orders

December 8th, 2011 / 10:20 a.m.
See context

Liberal

Scott Simms Liberal Bonavista—Gander—Grand Falls—Windsor, NL

Mr. Speaker, I thank the House and the Speaker for allowing me this time, as well as for allowing the debate regarding the House of sober second thought to move ahead.

Over many years, certainly since the inception of this country, this debate has raged on as to its content, how it proceeds, how it is selected and how it goes about its daily business. It has been debated across the country in many forums, sometimes high profile and other times not so high profile. Nonetheless, there have been several repeated attempts to make it better reflect the opinions and the diversity of this country, not just of persons but also the regions that many of us represent. Therefore, I will go through a brief analysis.

I do not think we thank the people who work in the Library of Parliament enough. However, I am thankful to them and, in particular, Sebastian Spano, who did some background information on this. He brought forward some great points. He also brought forward an historical context with respect to the Senate and, in particular, this bill, the thrust of which proposes two things: that we should limit the duration of time that senators can sit, in this case nine years; as well as allow the participation of the provinces in the selection of senators and, more to the point, in the election of senators, which is a practice that has been done circuitously at best when it comes to the situation.

For instance, we remember the particular appointments of the late Stan Waters, as well as Bert Brown, but they were not direct elections per se. This particular bill hopes to bring a direct election within the confines of the Senate, along with term limits.

The bill is divided into two parts. The authors of the bill, in this case the government and the minister in question, have expressed a desire to initiate a process for constitutional reform leading to an elected Senate “in the near future”, which begs the question whether this opens the door to something else. I assume that it does, given that the origins of the party in power always talk about the triple E Senate, equal, elected and effective, which, in my opinion, refers to two things, being equal and elected. Whether it is effective remains to be seen.

The legislative model would allow voters to select candidates wishing to be considered for appointment to the Senate. It does that on two levels. It does that at provincial elections and municipal elections, which is something I will discuss a little later.

It should be noted that the bill would impose no obligation on the provinces or the territories to establish a selection process. However, the nominees model and framework is set out in the schedule, a lot of which the entire framework is set out in the province of Alberta legislation, which is what the schedule is modelled on.

Bill C-20, An Act to provide for consultations with electors on their preferences for appointments to the Senate, was a past attempt to do this. There were past recent attempts in both the Senate and here. We had Bill S-7 and Bill C-20, which were two ways of doing that, both of which died on the order paper in 2008.

I will trace back to when it all started. Basically six major changes were proposed with respect to how the Senate should react through committees, through the House of Commons, as well as through the Senate. First, in 1887, they proposed a Senate in which half would be appointed by the federal government and the other half would be appointed by the provincial governments. Again, we go back to the appointment process. There was no election involved.

The second time this happened was at the end of the 1960s. In the constitutional conference of 1969, the federal government of the day proposed that senators be selected in part by the federal government and in part by the provincial governments, which is the same sort of situation we had in 1887. As well, the provinces could choose the method of selection of senators, whether by nomination by the provincial governments or with the approval of their legislatures. The difference here is that in the past they wanted to infuse provincial input into this by allowing them to appoint but it never set out the way it was to be done, whether by election or appointment. I am assuming they wanted to do it by appointment of the legislatures so they would choose their own, but we can get the idea.

What they wanted to do, for the most part, for the past 144 years, was bring the provinces into a direct consultation process and a process to directly appoint senators to Parliament.

Third, in 1978, the Government of Canada's proposal for a time for action, as the document was called, a renewed Constitution, which would include a house of the federation that would replace the Senate. How interesting is that? It was probably something similar to what the Council of Europe has in Strasbourg.

Basically, the legislators in their home provinces would come to Ottawa and use the Senate, the upper chamber, as a house of the federation, as it was called. Now that proposal did not last very long. It is did not cause a lot of excitement around here and it did not get a lot of media attention. Nonetheless, it was something that was brave and bold for its time.

Bill C-60 was tabled and received first reading in the House of Commons in 1978. In 1979, the Pépin-Robarts task force on Canadian unity recommended the abolition of the Senate and the establishment of the council of the federation. It moved one step further. The council of the federation was to be composed of provincial delegations led by a person of ministerial rank or by the premier of a province. I suggest that members in this House may want to look at that as a proposal, as an alternative, as in the case of the NDP who want to abolish the Senate. There is something there the NDP may want to consider.

In 1984, the Molgat-Cosgrove Special Joint Committee of the Senate and the House of Commons recommended that senators be directly elected. The Royal Commission on the Economic Union and Development Prospects for Canada recommended that senators be elected in elections held simultaneously with elections to the House of Commons. Therein lies the rub. That is where the direct participation of the provinces is needed, depending on the formula, in particular, seven provinces representing 50% of the population.

That brings us to 1987. I have three words, Meech Lake accord. We all remember that. That was one of the more high-profile attempts at reforming the Senate, a constitutional reform that would have had implications for the method of selecting senators.

With the Meech Lake accord, once a vacancy occurred in the Senate, the provincial government of the province in which the vacancy existed could submit a list of nominees for potential appointments to the Senate. It was somewhat circuitous in the way it went about its business. The provinces would provide a list of people for the prime minister through the governor general to select. That is a little different but, nonetheless, I do not think it would have put it into the context of allowing the provinces to be directly involved simply because it was more of an advisory role. That brings me to this bill, but I will get to that in a little bit.

In 1992, the Beaudoin-Dobbie Special Joint Committee of the Senate and the House of Commons on a renewed Canada recommended the direct election of senators under a proportional representational system. Therein again lies the participation of the provinces.

Several provinces have enacted their own legislation to make way for this type of procedure where they would be involved in electing senators to the Senate. We know about Alberta. It enacted a senatorial selection act in 1989 which set out the guidelines by which they could do that.

In 1990, British Columbia enacted a senatorial selection act as well, which mirrors the counterpart in Alberta, and it did lapse by the way, but it has been reported in recent media accounts that British Columbia may revive this type of legislation.

In 2009, Saskatchewan passed the Senate nominee election act, which received royal assent but has not been proclaimed into force yet.

In Manitoba, there is the special committee on Senate reform. Manitoba took a different track. In November 2009, it proposed an election process for selecting Senate nominees to be administered by Elections Canada and to be paid for by the federal government. Manitoba went in a different way, which tied it a little more directly into the federal system, certainly with Elections Canada, and proposed that the federal government would look after it. As my hon. colleague from Manitoba points out, it was put forward by Gary Doer of the former NDP government.

Proposals for reforming Senate tenure, again from 1867 to 1985, I mentioned the Molgat-McGuigan committee and others. There were several guiding principles involved, which brings me to the point I am trying to make here when it comes to Senate reform. This is why this particular bill could find itself in trouble.

A few years back a former premier of Newfoundland and Labrador, Danny Williams, made a representation by saying that this cannot be done without the provinces. I think he was right and here is why.

In a judgment delivered in 1980, the court articulated a number of guiding principles in the British North America Act and the Senate. It said, basically, that in many ways we cannot change the spirit of the legislation because of the effect of direct election to the Senate. It said that what we would end up doing is changing the very thrust of the way the Senate operates. However, in this particular case, the Conservatives will convince themselves that it is not direct, but it is, thanks to clause 3, which states that the Prime Minister must consider this.

Bill C-20—Time Allocation MotionFair Representation ActGovernment Orders

December 7th, 2011 / 4 p.m.
See context

NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Mr. Speaker, once again today, this Conservative government's behaviour is pathetic. What was once supposed to be an exception is becoming the norm. For the ninth time this fall, the government is limiting time for debate in the House. It is a sign of contempt for parliamentarians, democracy, this institution, our debates and Parliament. The Conservatives are systematically preventing parliamentarians from speaking and debating because they do not want to listen.

They claim that it is urgent. What is urgent is helping people in Attawapiskat, the unemployed, people who are losing their jobs and people who are going to food banks on Christmas Eve. Bill C-20 addresses a serious issue that will change this House, but it is not urgent. The government should take time to hold debates and listen to everyone.

Why is this government incapable of moving its bills through the House without limiting debate?

Bill C-20—Time Allocation MotionFair Representation ActGovernment Orders

December 7th, 2011 / 3:50 p.m.
See context

York—Simcoe Ontario

Conservative

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

moved:

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.

Report stageFair Representation ActGovernment Orders

December 6th, 2011 / 5:15 p.m.
See context

Conservative

Joe Daniel Conservative Don Valley East, ON

Madam Speaker, I am happy to have this opportunity to speak about Bill C-20, the fair representation act.

The significant and increasing under-representation of Canadians in the fast growing provinces of Alberta, British Columbia and Ontario 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. 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 to 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 even Canadian against Canadian.

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 to all Canadians in all provinces.

First, we would increase the number of seats now and in the future to better reflect the population growth in British Columbia, Ontario and Alberta. Second, we would protect the number of seats for the smaller provinces. Third, we would protect the proportional representation of Quebec according to its population.

Our government received a strong mandate to deliver these commitments. 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 will be fair across the country.

The practical result of Bill C-20 would be that every single Canadian would move closer to representation by population.

First, I will underline 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. It would maintain the number of seats for slower growing provinces and ensure Quebec's representation is equal to its population.

The electoral quotient for 2011 readjustment will be set at 111,166, reflecting the average riding population prior to the last seat readjustment in 2001, increased by the simple average of provincial population growth rates.

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

What is important is that the electoral quotient is not static. Under the status quo formula, the electoral quotient was set and did not move to accommodate population growth. This contributed to the faster growing provinces becoming increasingly and significantly under-represented.

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. These immigrants tend to settle in fast growing ridings such as mine of Don Valley East.

These three factors, high immigration to fast growing regions of the fastest growing provinces, combine to magnify the representation gap of these areas. This situation inadvertently causes Canadians in large urban centres, 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 the principle of representation by population in our country.

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 now and in the future. The practical effect is that Ontario, Quebec, British Columbia and Alberta will be entitled to new seats under the fair representation act.

This is the best formula to move all provinces toward representation by population in a principled manner without creating divisions between regions by increasing representation in high growth areas and by taking it away from Canadians in other parts of the country.

Second, I would note that our government is addressing 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.

Simply shuffling the deck is not as easy as it sounds. Canadians living in smaller provinces currently benefit from two long-standing constitutional provisions guaranteeing their seat counts. Repealing those guarantees, aside from the practical implications, would mean significant seat losses in Saskatchewan, Manitoba, Quebec, Nova Scotia, and Newfoundland and Labrador.

We make no apology for addressing these significant and increasing under-representations of ordinary Canadians, but this should not be done by picking winners and losers or pitting region against region, Canadian against Canadian.

The fair representation act is fair to all Canadians, not just some provinces. In fact, it is a measured investment that brings every Canadian closer to representation by population.

Finally, the fair representation act also provides that the seat allocation formula apply as in the representation rule. If provinces become 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 population and would have 23% of the provincial seats in the House of Commons, though the representation rule is nationally applied and applies to all provinces that enter this scenario.

The representation rule is a principled measure and ensures that smaller and slow growth provinces do not become under-represented in the future, that they will maintain representation that is in line with their share of the population, and this is fair. The serious and increasing under-representation of our faster growing provinces, Ontario among them, is a serious problem that requires an immediate solution.

The Chief Electoral Officer told the procedures and House affairs committee that passing this bill before the new year is the best scenario. That is why 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. We will ensure parity for Canadians and it will avoid needless and costly repetition by an independent boundary commission set up to draw these new boundaries.

In conclusion, this bill, the fair representation act, is the best formula to address the under-representation of Canadians living in Alberta, British Columbia and Ontario without picking winners and losers, pitting Canadians against Canadians or region against region. It is reasonable, principled, nationally applicable and fair to all Canadians. It would achieve better representation for Canadians living in fast-growing provinces while maintaining representation for smaller and slower growing provinces.

It would bring every Canadian closer to representation by population. It delivers on the government's long-standing commitment to move toward fairer representation in the House of Commons. I note that Parliament has the authority to pass this amendment under section 44 of the Constitution Act of 1982. This was the same authority used to pass the current formula in 1995, which was subsequently upheld as constitutional by the British Columbia Court of Appeal.

The fair representation act is principled, reasonable legislation that needs to be passed as quickly as possible. I encourage the opposition to work with us on this important legislation.

Bill C-20—Notice of time allocation motionFair Representation ActGovernment Orders

December 6th, 2011 / 5:15 p.m.
See context

York—Simcoe Ontario

Conservative

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

Madam Speaker, Bill C-20, which is currently being debated, moves every province closer to the principle of representation by population but the fair representation act needs to be passed soon in order for this decade's redistribution, which starts in early February, to use the fair updated formula outlined in the bill.

Therefore, I wanted to provide the following notice: I must advise that agreement has not been reached under the provisions of Standing Orders 78(1) or 78(2), concerning the proceedings at report stage and the third reading of Bill C-20, An Act to amend the Constitution Act, 1867, the Electoral Boundaries Readjustment Act and the Canada Elections Act. Under the provisions of Standing Order 78(3), I give notice that a minister of the crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at those stages.

Fair Representation ActGovernment Orders

December 6th, 2011 / 5 p.m.
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Conservative

Harold Albrecht Conservative Kitchener—Conestoga, ON

Madam Speaker, I rise today to express my support for Bill C-20, the fair representation act. Representation by population is at the heart of our democratic traditions. Our role as parliamentarians in this regard should be and must be to do our best to ensure that the makeup and weighting of the House reflects that of this great country.

We face challenges in this regard. The Constitution and precedents both present barriers to achieving perfect representation by population. Bill C-20 addresses this challenge through that most Canadian tradition: accommodation. Changes in Bill C-20 would allow the representation from our fastest-growing provinces of British Columbia, Alberta and Ontario to better reflect their growing populations.

At the same time, Bill C-20 would ensure that our smaller provinces maintain their number of seats in the House. I cannot imagine the citizens of Manitoba, Saskatchewan or New Brunswick, for example, being eager to have fewer representatives in the House of Commons than they have presently. In fact, Bill C-20 would bring every province in Confederation closer to representation by population. It amazes me that there are some hon. members in the House willing to speak against the fair representation act. Why would they insist that we maintain the current unfair system or, in fact, actually make it worse with some of their proposals?

As a member from Ontario, I am obviously concerned that citizens whom I am so privileged to represent receive fair representation in the House. I am privileged to represent more than 129,000 Canadians in the great riding of Kitchener—Conestoga and I consider it a privilege to exercise my responsibilities as a member of Parliament. It is an honour to be their voice in this chamber, where discussions take place on some very important issues. Decisions are made every week when we vote on matters that will not only impact the current citizens of my riding but their children, grandchildren and great grandchildren.

When I vote on these important issues, my vote in the House is worth no more and no less than that of the hon. member for Malpeque. In spite of my NDP colleague's assertion, Conservatives do love Prince Edward Island. In fact, we on this side have a great member of Parliament from that province. In fact, she is the Minister of National Revenue. However, when the House considers items of business, whether it be putting an end to the monopoly of the Wheat Board, restoring balance to our justice system, or ending the ineffective long gun registry, my vote in the House is worth no more and no less than the member for Malpeque. That is how it should be. No hon. member's vote should be placed above another's. However, this does raise questions.

In the last election, on May 2 of this year, almost 29,000 Canadians chose to entrust me with their vote. I participate in the important business in the House, thanks to the trust of almost 29,000 individual voters. That is more than the total ballots cast for all candidates in the riding of Malpeque during the same election. Does it follow, therefore, that the citizens of Kitchener—Conestoga are worth less than those of Malpeque? I hope not.

I recognize that Bill C-20 will not address this inequity entirely. Ontario will still remain under-represented, while other provinces will continue to be overrepresented. Again, I come back to that word “accommodation”. Because of our principled and reasonable accommodation, real progress is being made toward fair representation. Bill C-20 would not make the mistakes inherent in the proposals emerging from our opposition parties. The fair representation act would move Canada closer to representation by population instead of making the imbalance worse, as proposed by the official opposition. The fair representation act would not pit one province against another or pick winners and losers, as proposed by the third party in the House.

I will also note that while this government has worked through three Parliaments to make Canada's representation more fair, the opposition's proposals came as surprises not only to members of the House but to Canadians who supported them in the last election. By contrast, neither the New Democrats nor the third party made even a token attempt to address this challenge in their platforms, despite the fact that they were well aware of it. We cannot dream up systems of fair democratic representation on the fly. These matters are far too important to try to develop a plan on the back of an envelope.

Bill C-20 delivers on our government's long-standing commitment to move the House towards fair representation. We campaigned on these promises. Canadians voted for a strong, stable, national, Conservative majority government. We received a strong mandate. With this bill, we would move the House of Commons toward fair representation for all Canadians. We are delivering on our commitments.

The fair representation act would add 30 seats to the House of Commons, for a total of 338 seats. Ontario would receive 15, Alberta and British Columbia would each receive six, and Quebec would receive three new seats. More importantly, the bill provides an adjustment to the formula in order to account for future increases in population following future censuses. In other words, the makeup of this House would more accurately reflect where Canadians live, thanks to Bill C-20. Population changes would no longer badly distort our representation.

I too serve on the procedure and House affairs committee that studied this legislation. I was there when the Chief Electoral Officer explained the needless cost taxpayers would bear if the bill is not quickly implemented. The Electoral Boundaries Commission needs to start its work in February of 2012. That is in just two months. If it is to do its job properly and not needlessly duplicate a lot of work, it needs the final seat allocation formula in place by February. On February 8, the process begins when the chief statistician sends the census return to the Chief Electoral Officer.

We promised to reintroduce legislation to restore fair representation in the House of Commons. We promised to allocate an increased number of seats now and in the future to better reflect population growth in Ontario, British Columbia and Alberta. We promised to maintain the number of seats for the smaller provinces. Finally, we promised to maintain the proportional representation of Quebec according to its population. With Bill C-20, we would honour those commitments.

With the status quo, over 60% of Canada's population is, and would continue to be, seriously and increasingly under-represented. This bill, the fair representation act, brings every single province closer to representation by population.

I really do hope that all members of the House will support this bill. It addresses many of the inequities that exist and restores the principle of fair representation for all Canadians.

Fair Representation ActGovernment Orders

December 6th, 2011 / 4:50 p.m.
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NDP

Alexandrine Latendresse NDP Louis-Saint-Laurent, QC

Madam Speaker, today, the government is putting back on the table one of the most contentious issues in Canadian history, namely the representation of communities of interests in our democratic institutions.

Since this morning, we keep hearing “Quebec”, “Quebec”, “Quebec”. The government introduced a bill to achieve better representation for some provinces that are deemed to be underrepresented. Then what happens? We immediately hear talk from all sides about “Quebec”, “the Quebec nation” and “Quebec's political weight”. Members rise and say some kind words about us.

But that is not all. Those are not the only words that are constantly being repeated today. Prince Edward Island—which everyone usually loves—has probably never before been the subject of such interest in this House. It is almost being demonized because of its four seats. There is almost a temptation to deprive the province of those seats. The message is “Prince Edward Island is bad because it is overrepresented and is destroying our dream of fair representation”. It would be so simple and convenient if we could reduce Canada's population to a simple equation. But, “heck, Prince Edward Island has four seats”. I am sorry, dear friends, dear Islanders, we really love you, so do not take it personally.

On a more candid note, we should take a moment to reflect on the comical aspect of our debate. In our day-to-day lives, we do not commonly say that Prince Edward Island's seats are protected by the senatorial clause. It is a good thing we understand each other, because an outsider listening to us would be completely lost. On a more serious note, this bill primarily seeks to change the number of members for Alberta, British Columbia and Ontario. However, these provinces have barely been mentioned since the beginning of the debate. There is also very little being said about the fact that the overpopulation problem in some ridings is largely due to the electoral boundaries within the provinces.

What is most important to us is to recognize the specificity of certain elements of our country. We can certainly try to ensure that each vote in Canada has more or less the same value, but if we look at such basic features as the geographical and cultural structure of our country, it becomes clear that that would be utopian.

This problem is illustrated by a number of factors. Each territory has one seat in the House of Commons. Their contribution to the Canadian federation is undeniable, despite the fact that their population is significantly lower than the average for Canadian ridings. Does this mean that the territories should be deprived of their lone seat in this House? Of course not.

Just as a resident of the Northwest Territories is different from a Yukon resident, a Yukon resident is different from a British Columbia resident. In my opinion, we are doing justice to the richness of Canada's diversity by making this concession and compromise. We want to reflect this difference in a spirit of respectful nation building. These compromises are connected to a long history, and to view the reallocation of seats in the House of Commons as a mere cold calculation is to deny that rich history.

This is a Nordic country, but the NDP is fighting with integrity, passion and warmth for a united Canada. To succeed in that, we have to take off our little rose-coloured glasses that see this great country as a homogeneous whole, identical throughout. That is too simplistic a vision. We are told over and over that this bill is equitable, that it is fair. But I would like to come back to an interesting point made by my colleague, the very eloquent member for Hamilton Centre, when he asked the Conservative government what this fairness is. He is correct, there are several ways of looking at it. That is the fundamental difference between the government’s Bill C-20 and the New Democratic Party’s Bill C-312.

What does this discussion tell us above all? First, the idea of representation is an ideal that can never be completely attained. Any attempt to approach it is bound to end in compromise. But Canada loves compromises. Compromise is the basis of all of our political realities. If Jacques Cartier had been able to foresee the path that the history of this country would take, perhaps instead of the word “Kanata” he would have chosen the Mohawk word for compromise: Ahsén :nen niió :re iahà :thne tsi ia 'teiorihwaientà : 'on.

Second, under-representation of the provinces is itself bound to end in compromise. In theory, in a united Canada, we should not need to divide up the electoral map interminably. According to what we have heard since this morning in the House, there is only one instance of under-representation in this Parliament: the under-representation of the Quebec nation, because for it, this is a matter of survival. All the noblest efforts notwithstanding, the Quebec nation does not feel completely comfortable. It is prepared for an argument whenever there is a proposal to shake up the status quo. One need not be a Quebecker to understand that.

I am not asking anyone here for declarations of unconditional love for Quebec and its culture. What I would like to add immediately is that I consider it to be somewhat irresponsible to perpetuate Quebec’s discomfort by introducing insensitive bills. But we must forgive the government. The Meech Lake and Charlottetown accords go back much further than the creation of the Conservative Party. Forgive them, they know not. They are wed to the ideal of fair representation. Good intentions are constitutional, I imagine. The conclusion I draw from these various points is this: fair representation and the justifications for it are fluid concepts.

We can talk about them interminably, or until Prince Edward Island has five seats, because whatever the government says, what it is doing is this: it is adopting a unique logical position and defending it. I say unique because the logic is inherent to a closed system. The starting proposition is completely made up. We are floating in the gases of a great cosmic nebula here. All of the positions are good in theory. But within this nebula there is one constant: the core of a star that exploded in the night of our history and burns in the firmament of our country: the Quebec nation. It is the solid core buried in the nebula. Without Quebec, there would not even be a discussion. Everything would be clear. Once again, we are approaching the limits of compromise.

The NDP is simply proposing that Quebec’s political weight within the Canadian confederation be preserved. That is what Quebec wants. The National Assembly has called for that unanimously.

Please understand that I am not saying that giving Alberta, Ontario, and British Columbia more seats is unwarranted. Not at all. If these provinces feel under-represented, we would encourage them to fight for what is their due. The NDP acknowledges that they are right and that the current situation must be addressed. What I am trying to say here is that these three provinces do not form distinct nations like Quebec and that the urgency of their situation is of a purely administrative nature. For Quebec, our very existence is at stake. I think that this difference needs to be acknowledged.

This Parliament has made fine and noble efforts to accommodate the Quebec nation in the past. Quebec gave the NDP a strong and clear mandate to represent it in the House. That is what we are doing. Quebec wants to maintain its political weight, which is reasonable.

A civilization that compromises is in a difficult position. Being able to serve the interests of the second-biggest country in the world while trying to accommodate everyone to the greatest extent possible is hard. That is the way things have been since 1867. This Conservative government will not be an exception to the rule, and it knows it.

For the time being, “compromise” is a word that this government does not seem to be able to utter. Without compromise, this country is but a chimera. If compromise is not sought, this country will no longer exist. Every Canadian knows this.

The NDP wishes to support this government in its decision to restore greater fairness in representation. That is the government’s initiative, and we have listened to it. I am fortunate enough to sit on the Standing Committee on Procedure and House Affairs, where we have heard various witnesses explain the pros and cons of the new formula, the figures on population that are to be used, and the time allocated to the various stages of the readjustment of electoral boundaries. As a result, we are calling for Quebec’s political weight to be maintained.

We are being asked for figures, figures, and more figures. How many seats would Quebec obtain under the scenario proposed by the NDP? Everything depends on the circumstances.

Why blame the party that is calling for temperance and harmony and not the party that always gives grudgingly? Take that, and you take that, and you over there take that. Moving on. We are talking about balanced representation in the House and not pieces of a pie. If we ended up somehow altering the perception of legitimacy associated with the House by acting too hastily, it would be a very serious matter. And yet, that is what the Conservative government's measures are more or less doing. The reform has a number of defects. There is a lot of noise being made, seats are being handed out willy-nilly, a fortune is being paid to make up lists of possible candidates for the Senate, and there is a lot of waving about of hands, but at the end of the day, not much is being achieved. Nothing is being done to address the deep-rooted and fundamental problems with our democratic institutions. If Quebec is robbed of even a scrap of political weight now, it will be a case of give them an inch and they will take a mile. This is not paranoia. One single department represents one of the founding peoples of Canada. If we want fair representation, we could start with that.

In closing, these initiatives in the area of democratic reform only improve our democracy in an almost accidental way. They leave the country in turmoil. They further alienate voters. And they add to Canadians' feeling of powerlessness when it comes to their democracy.

Our political party embraces this country's diversity and does not try to smooth it out. That is why I am going to support the bill introduced by my colleague from Compton—Stanstead and not the government's bill.

Fair Representation ActGovernment Orders

December 6th, 2011 / 4:30 p.m.
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Conservative

Blake Richards Conservative Wild Rose, AB

Madam Speaker, I am pleased to speak to this bill, the fair representation act.

Representation by population was the guiding principle in determining the allocation of seats in the House of Commons at the time of Confederation, but over time the representation formula used to readjust seats based on population changes has actually served to penalize some of Canada's fastest growing regions.

We have especially noted the disparity in my home province of Alberta, where an average federal riding contains some 27,000 more constituents than ridings in most other provinces. In my riding of Wild Rose, I am proud to represent people who live in 28 different communities, a municipal district, three counties, an improvement district in Banff National Park, and two first nations reserves. Those people are all spread out across a big and beautiful 28,000 square kilometre constituency.

As of the 2006 census, our riding was home to more than 116,000 people, but with the explosive growth that we have seen since then, the estimate that we have currently of my riding's population is somewhere in the neighbourhood of about 135,000. If we compare that to some ridings in other parts of the country, we see where the differences are.

For example, looking at the province of P.E.I., it has about the same population of 135,000 as my constituency does, yet there are four members of Parliament to represent them. Voters in Wild Rose have one MP to represent nearly the same number of people that those in P.E.I. have four MPs to represent. I would like to believe that I am as valuable as four MPs, but I will probably have to settle with knowing that I represent the same number of people as the four other MPs.

In all seriousness, in this current state of affairs, one vote in P.E.I. in terms of representation is essentially worth nearly four votes in Alberta. By any measure, that is certainly not fair. However, a constitutionally guaranteed floor of representation for some provinces makes it virtually impossible for the House of Commons to balance its seats in order to reflect strict representation by population. If we were to try, the House would swell to over 900 members. We would be voting from up in the public galleries and spilling out into the foyers, and maybe we could swing a few people from the chandeliers somewhere. That would obviously make for a very cumbersome and expensive Parliament that I suspect very few Canadians would find reasonable or affordable.

Luckily, this hallowed chamber can easily accommodate the 30 new members who will soon take their seats here. On that topic, I will give some interesting trivia. A 1996 study found that the chamber could actually accommodate up to 374 members, if we were to include seating under the side galleries. We are still good for space, and I would like to settle everyone's anxiety in that regard.

Rather than unrealistically expanding the seats in the House as strict representation by population would require, our government is working within the framework of the constitutional realities to deliver on our election commitment to Canadians to move the House of Commons closer to fair representation.

This legislation reflects our government's three distinct promises to provide fair representation by: allocating an increased number of seats, both now and in the future, to better reflect population growth in Ontario, British Columbia and Alberta; maintaining the number of seats for smaller provinces; and maintaining the proportion of representation of Quebec exactly according to its population.

The current representation of the provinces in the House of Commons is readjusted every 10 years using a formula established in section 51 of the Constitution Act, 1867. The current formula dates to 1985 and was redesigned to provide modest increases to the size of the House. While the 1985 formula has been successful in limiting the growth of the House of Commons, it has also created a representation gap for the faster growing provinces of Ontario, British Columbia and Alberta. The fair representation act proposes to address that gap.

Currently, 279 is set as the divisor in determining the average population count per federal seat. As a result, provinces with fast growing populations, like my province of Alberta, are prevented from receiving a fair share of seats because the actual number of members in the House of Commons is now 308. Over 60% of Canada's population is, and would continue to be, seriously under-represented if we were to keep this formula.

The twin problems of fixing the divisor at 279, in combination with existing seat guarantees in the Constitution, have prevented the three fast-growing provinces from receiving a share of seats that is line with their relative share of the population.

However, Bill C-20 addresses that by using Statistics Canada population estimates to determine how many seats each province would receive. Statistics Canada's population estimates are already considered the best data for determining total provincial populations. In fact, those estimates are 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. They are an established way to project populations and to address their needs.

The bill also would adjust the formula to account for future increases in population counts following future censuses. This approach would provide accuracy and certainty on provincial seat numbers.

Therefore, under the terms of Bill C-20, Ontario would receive 15 new seats, rather than only three new seats under the status quo; Alberta would receive six new seats, rather than only three under the current formula; and British Columbia would receive six new seats, rather than only one under the old formula.

I cannot overstate the fact that Canadians living in Ontario, British Columbia and Alberta have become increasingly under-represented in the House of Commons. That is not fair and it is unacceptable in an assembly of equals. A Canadian living in Alberta has as much to say about the future direction that he or she wants his or her country to take as a Canadian living in P.E.I., or any other province, and should have an equal say in our Parliament.

That is why our government is taking this principled approach that would strike a balance between restoring fairer representation for faster growing provinces, while protecting the seat counts of slower growth provinces, as well.

For Alberta, my province, this would mean a stronger voice for a province that is among the fastest growing regions in all of Canada.

We must do this quickly. It seems like just yesterday that Canadians voted to give our Conservative government a strong, stable majority mandate on the basis of our election platform, which, of course, included this commitment to move toward fairer representation in the House of Commons. However, it was not just yesterday. It was actually more than seven months ago. Time has passed quickly and it has a tendency to continue to fly. Another election is not so far away as we might think.

As we must give Elections Canada time to properly establish the new constituencies that would come into being under the bill, with the next representation update already due and to begin in early 2012 following the release of this year's census results, we need to be ready with this legislation passed and the work of the provincial seat counts and boundary redistributions complete in order to have these new seats established and ready to be contested by the time the next election rolls around.

With regard to redistribution, it is important to note that Bill C-20 would also amend the Electoral Boundaries Readjustment Act to streamline the timelines in the current boundary readjustment process. However, there would be no changes to the timelines for the parliamentary phase of the electoral boundary process and Canadians, of course, would have the same opportunity to voice their opinions on boundary changes during public hearings held by the commissions.

Because those important consultations are in place, it is vital that we move quickly to meet the various deadlines that we would face beginning in the new year to most effectively bring these changes into place for Canadians.

We, on this side of the House, invite and encourage our colleagues across the way to join us in making every Canadian's vote, to the greatest extent possible, of course, carry equal weight in the House of Commons. I say this because, with respect, the alternative proposals of the opposition parties fall short in addressing the problem of under-representation.

The Liberals have a proposal that would freeze the House at the current 308 seats, but it would do so by pitting regions of Canada against one another. They would simply shuffle the deck by taking away seats from some provinces to give to others. Given constitutional provisions guaranteeing seats, that proposal is simply not realistic.

The NDP proposal is also problematic. That party wants to guarantee a fixed percentage of seats, now and in the future, to one province, regardless of that province's population. It is proposing special treatment to one province that would not be available to any other. That would undermine the principle of proportional representation upon which Canada was founded and which I referenced earlier. It would lead to far higher seat growth than what Bill C-20 proposes and it would penalize provinces that are already seriously under-represented. That would only serve to kick the problem of under-representation further down the road a ways, and that is certainly not leadership.

Only our Conservative government is taking a balanced approach to this admittedly thorny problem of representation. I would urge all members opposite to support the bill and to work with our government to implement it.

Fair Representation ActGovernment Orders

December 6th, 2011 / 4:25 p.m.
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Conservative

Mark Strahl Conservative Chilliwack—Fraser Canyon, BC

Madam Speaker, I come from British Columbia, as does the hon. member. When I was on the campaign trail the people of British Columbia were concerned about the fact that we are under-represented in this chamber. They certainly will support Bill C-20 and the balanced approach that we take.

The hon. member said a minute ago that perhaps she agreed with the Liberals' proposal, and perhaps we did not need more members of Parliament. However, we have not heard today what the NDP actually has proposed. It has said that it does not like the government's plan and does not really like the Liberals' plan.

What is the NDP's number? What does the NDP want to have as the number of members of Parliament? Is the member prepared to say today that she will be voting against the six additional seats for British Columbia?

Fair Representation ActGovernment Orders

December 6th, 2011 / 4:05 p.m.
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Conservative

Laurie Hawn Conservative Edmonton Centre, AB

Madam Speaker, I am very happy to have this opportunity to speak to Bill C-20, the fair representation act.

Bill C-20 delivers on our government's long-standing commitment to move the House of Commons toward fair representation. We have campaigned on those promises and Canadians voted for us to deliver on that commitment to them.

In addition to jobs and the economy, our government's top priorities, our party committed in the last general election that we would address the representation gap experienced by Canadians in the fast growing provinces of Ontario, British Columbia and Alberta.

We made three distinct promises on House of Commons representation. First, that we would increase the number of seats now and in the future to better reflect population growth in British Columbia, Ontario and Alberta. Second, that we would protect the number of seats for smaller provinces. Third, that we would protect the proportional representation of Quebec according to its population.

Our government received a strong mandate to deliver on these commitments and we are doing exactly that with the fair representation act. Bill C-20 would move every Canadian closer to representation by population.

To start, it is important to revisit the primary motive in bringing this legislation forward. Canadians living in Alberta, British Columbia and Ontario are significantly and increasingly under-represented in relation to their share of Canada's population.

The representation of the provinces in the House of Commons is readjusted every 10 years using a formula established in section 51 of the Constitution Act of 1867. The current formula dates to 1985 and was designed with the purpose of tempering growth in the House.

While the 1985 formula has been successful in limiting the size of the House of Commons, it has created a gap in representation for the faster growing provinces as the representation of those provinces has moved farther and farther away from what their population would warrant.

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 formula divisor at 279, as the current formula does, and the existence of constitutional seat guarantees has left Canadians living in the fastest growing provinces significantly and increasingly under-represented.

As Canada's population grows, their representation will continue to fall relative to their share of the population. Clearly, this is not fair and, clearly, something needs to be done.

The formula in Bill C-20 is principled and is a reasonable update designed to bring those provinces that experience high population growth closer to representation by population.

Strict representation by population would be impossible in the House of Commons without a massive increase in the number of seats. Exact representation by population based on some of the current constitutional guarantees, for example, would require over 900 members in the House of Commons with our existing constitutional guarantees and, clearly, that is not possible.

Bill C-20 is the best formula for bringing fairer representation to the House in a principled manner while maintaining a manageable number of seats in the House and while respecting the long-standing constitutional guarantees protecting the representation of smaller provinces.

In fact, the fair representation act brings every province closer to representation by population. If we look broadly, the practical results of applying the new formula will be to add 30 seats to the House of Commons for a total of 338. The national average riding size will fall from 112,692 to 102,600.

In terms of the provincial breakdown: Ontario would receive 15 seats, Alberta would receive 6 seats and British Columbia would also receive 6 new seats. Quebec would receive three new seats as a result of being the first beneficiary of the representation rule which would ensure that its seat total does not become less than what is proportionate to its population.

Significantly, unlike the formula on the books today, the Bill C-20 formula accounts for population growth and trends. It is flexible and would be able to more accurately reflect population trends over time. Under the status quo formula, the electoral portion was set and did not move to accommodate population growth. This contributed to the faster growing provinces becoming increasing and significantly under-represented.

By introducing a seat allocation formula that is more responsive to population growth and trends, the fair representation act would move the House closer to representation by population both now and in the future, and that is good news for all Canadians.

A further update to the formula is to base the allocation of seats among the provinces on Statistics Canada's population estimates. There is a reason for that. The population estimates provide a more accurate picture of Canada's total population. The chief statistician endorsed this change, and said so when he appeared at the procedure and House affairs committee on November 17. When asked directly whether the population estimates were a more accurate assessment of the population than the census or any other numbers available, he said, “Yes, that is absolutely our view”.

As a member from Alberta, I want to take a moment to underline the significant step toward representation by population that Albertans will take with the bill.

As it stands, the average size of a riding in Alberta is 134,977 people, which is much higher than the national average riding size of 112,692. Is it fair that the democratic voice of Albertans is significantly diminished merely because of the province in which they live? We do not believe that is fair.

Every Canadian's vote, to the greatest extent possible, should carry equal weight. The population growth within those fast-growing provinces has been even higher in larger urban and suburban areas, such as my riding of Edmonton Centre.

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.

These three factors, high immigration to fast-growing regions of the fastest-growing provinces, combine to magnify the representation gap for those areas. This situation inadvertently causes Canadians in large urban centres, new Canadians and visible minorities to be even more under-represented than the average. It is clear that this situation undermines the principle of representation by population in our country.

Alberta would get six new seats in the House of Commons. However, without this legislation, Alberta would only receive half as much representation in the upcoming redistribution. With Bill C-20, Alberta would have a share of representation that would be more in line with its share of population.

The average riding size in Alberta would drop to a manageable 111,157 after the next redistribution. For Alberta, the fair representation act means that as the province's population grows over time, Albertans would continue to have a strong voice in Parliament, and this is only fair.

To conclude, the fair representation act is the best formula to address the under-representation of Canadians living in Alberta, British Columbia and Ontario, without pitting Canadian against Canadian and region against region. It is reasonable, it is principled and it is fair for all Canadians. It would achieve better representation for Canadians living in fast-growing provinces, while maintaining representation for smaller and slower-growing provinces. It brings every Canadian closer to representation by population. It delivers on our government's long-standing commitment to move towards fairer representation in the House of Commons.

The fair representation act is principled. It is reasonable legislation that needs to be passed as quickly as possible. I encourage the opposition to work with us in this regard.

Fair Representation ActGovernment Orders

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

Matthew Kellway NDP Beaches—East York, ON

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Fair Representation ActGovernment Orders

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

Conservative

Kyle Seeback Conservative Brampton West, ON

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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.