Bill C-20 (Historical)

Fair Representation Act

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

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.

The House proceeded to the 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.

Democratic Representation Act

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, the Liberal Party does not support the bill. I will explain why the bill is unconstitutional and impractical.

Let us begin with the first point, that Bill C-312 is unconstitutional.

In permanently fixing the percentage of seats for a province, the NDP is asking Parliament to contradict the principle of proportionate representation of the provinces in the House of Commons. This principle is well entrenched in our Constitution. We should all be proud that our Constitution affirms rep-by-pop. That is a fundamental principle of democracy.

Parliament has some leeway in how it applies the principle of proportionate representation of the provinces when dealing with the effective representation of communities and provinces that are in relative decline. In a 1987 ruling, the B.C. Supreme Court stated, “The principle of representation 'prescribed' by the Constitution does not require perfect mathematical representation...”. A year later the B.C. Court of Appeal said that what must be preserved is “the principle, not a specific formula”. That leeway has its limits. Parliament cannot run afoul of the principle of proportionate representation. That would be unconstitutional.

Section 42(1)(a) of the Constitution Act, 1982 states that to amend this principle we need the agreement of Parliament and the legislative assemblies of at least seven provinces representing at least 50% of the population, the famous 7-50 formula.

Bill C-312 mentions a Supreme Court decision of June 6, 1991, but this ruling applied to the delimitation of ridings, not to the representation of a whole province.

All democratic federations try to accommodate communities while delimiting ridings, but no democratic federation gives extra representation to a whole constitutional jurisdiction on the grounds of its culture or national character. That would be an extraordinary decision requiring a constitutional amendment that Parliament cannot do alone without the consent of its constitutional partners, the provinces. In other words, the NDP and the Bloc are asking Parliament to show disrespect for provincial constitutional jurisdiction.

The NDP and the Bloc are asking Parliament to exceed its jurisdiction regarding the House of Commons reform with Bill C-312.

The Conservatives are asking Parliament to exceed its jurisdiction regarding Senate reform with Bill C-7.

Only the Liberals are consistently respecting the Constitution. We urge all our colleagues in the House to show respect for the basic law of the land, the Constitution of Canada.

This brings me to my second point, that Bill C-312 is impractical. Bill C-312 is not only unconstitutional, it is impractical. It is so impractical that the NDP chose to not release the number of additional seats that would be required in order to fulfill all the rules included in Bill C-312. Those members well know that it would be a very large House indeed.

The first rule is with respect to equitable representation of fast growing provinces. Today, Ontario, British Columbia and Alberta are likely to be the most under-represented jurisdictions in the world of democratic federations. This is unfair for the Canadian citizens living in these provinces. Furthermore, this under-representation is now so substantial that it is likely to be unconstitutional. We need to redress this issue.

The second rule is the Senate clause, “The right of a province to a number of members in the House of Commons not less than the number of senators by which the province is entitled to be represented...”. This section of the Constitution can only be changed through our federation members' unanimous decision.

The third rule is the grandfather clause. Like the government, the NDP does not have the courage and the wisdom to revise this rule enacted by Parliament in 1985, which stops us from reducing the number of MPs representing a province.

The fourth rule is that the proportion of members from the province of Quebec shall remain unchanged from its current representation, which constitutes 24.35%.

Let us try to figure out how these rules would work together. In order to address the fastest growing provinces' under-representation while respecting the grandfather clause and the Senate clause, the government through Bill C-20, proposes to add 30 new seats. That would bring the House to 338 seats. In order to bring Quebec's share to 24.35%, six new seats would need to be added. We would be at 344 seats. Then Ontario, British Columbia and Alberta would be too under-represented again. Once we added seats for them, Quebec would need more seats to stay over the 24.35%, and so on and so forth. Even with the House at 350 seats, we would not reach a fair House with the combination of these rules.

This is for 2011. Let us imagine what it would be like for 2021 or 2031. What kind of ballooning would occur in the House? What would Canadians have to pay for it? If the NDP members claim that we are wrong with our numbers, we challenge them to release their own numbers. I bet they will not do it because they know full well that their numbers are far-fetched.

There is another reason the Liberal caucus cannot support the bill. Both the 308 seat Liberal plan and the 338 seat Conservative plan accept the rules that ensure that any currently overrepresented province does not become under-represented. However, Bill C-312 does not include this rule. Does that mean that for the NDP it would be acceptable that perhaps Manitoba or Nova Scotia would be under-represented? If so, why? Would it be because they are not nations? If this is the case, I want to hear from our colleague from Compton—Stanstead. Can he confirm that he is speaking on behalf of his NDP colleagues from Manitoba and Nova Scotia and that they are okay with the view that their provinces may be under-represented in this House since they are not nations?

Each national party has the obligation to say the same thing in English and in French through our great country. I challenge the NDP to do so on this matter, to start by releasing its numbers.

By the way, if the NDP and the Bloc thought that the motion passed in the House on November 27, 2006, meant that Quebec as a nation within a united Canada should have more weight than other provinces, since those provinces are not nations within a united Canada, why did those two parties not say so when they voted for the motion in the House on November 27, 2006?

In the meantime, we Liberals will, as always, remain consistent. In principle, we will oppose the bill because it is unconstitutional and impractical. We urge all members of Parliament to support the Liberal plan for a fair and balanced House of Commons without adding any seats. Three hundred and eight seats will suffice. Put in the proper context of what is happening in the world today, 308 seats will, in fact, work.

[Gordon O'Connor, Conservative, Minister of State and Chief Government Whip]

Mr. Speaker, it is my pleasure to rise today to participate in the debate on Bill C-312, An Act to amend the Constitution Act, 1867 (democratic representation), introduced by the hon. member for Compton--Stanstead.

House of Commons representation is a subject that I am pleased to discuss, especially since addressing the significant and increasing under-representation of the fastest growing provinces is a long-standing commitment of this government and the Conservative Party of Canada.

In restoring fair representation in the chamber, our government is focused on three objectives. First, increasing the number of seats now and in the future for the faster growing provinces of Alberta, British Columbia and Ontario. Second, protecting the seat counts for the smaller provinces. Third, ensuring that Quebec's representation is proportional to its population.

On October 27, 2011, we delivered on our pledge to Canadians with the introduction of Bill C-20, the fair representation act, which seeks to update the formula allocating seats in the House of Commons in a way that is fair for all provinces. The fair representation act offers a principled approach that delivers on our government's three key representation promises. It is fair for all provinces.

The fair representation act currently before the House of Commons, and even though the bill moves every Canadian closer to representation by population, members on this side of the House are the only members who are standing up for all Canadians by voting in favour of the fair representation act.

Today, however, we are debating private member's Bill C-312, the democratic representation act, which also proposes to amend the formula for allocating seats in the House of Commons. While our government's fair representation act presents a nationally applicable formula that brings all provinces closer to representation by population, Bill C-312 cannot make the same claim. Therefore, I cannot speak in support of this bill.

Bill C-312 seeks to amend the formula in the constitution for allocating seats in the House of Commons. Taking cues from our government's legislation from the last Parliament, Bill C-312 proposes that electoral quotient for the first redistribution be set at 108,000. This reflects the approximate average riding population at the 2008 general election. Since we are now in 2011, almost 2012, those numbers are clearly out of date.

Bill C-312 also proposes to add a new rule to the formula that would provide the province of Quebec with a fixed percentage of seats based on Quebec's representation in the House of Commons when the motion recognizing that the Québécois form a nation within a united Canada was adopted. This means that, under Bill C-312, Quebec's representation would be set at 24.35% of the seats in the House of Commons.

Although I appreciate my hon. colleague's effort, I have concerns that prevent me from supporting Bill C-312. I will explain.

The primary motive of addressing representation in the House of Commons is to deal with the significant and increasing under-representation of high growth provinces. I have concerns that the bill would not adequately address the under-representation of Alberta, British Columbia and Ontario. Due to the requirement to fix the representation of Quebec at 24.35% of seats in the House of Commons, the representation for Alberta, British Columbia and Ontario would only marginally improve.

Additionally, I find that the concept of fixing the representation of a single province in the House of Commons is contrary to our constitutional history and principles. The Fathers of Confederation believed that the provinces should be proportionately represented in the House of Commons, meaning that the basis for allocating the seats for provinces should reflect their share of the population.

As a result of this belief, our Constitution provides for the proportionate representation of the provinces, which has become a fundamental principle of our democracy. At the same time, the importance of ensuring protection for slower growing provinces has been recognized through measures such as seat floors. For example, our Constitution currently provides that no province should have fewer seats in the House of Commons than it does in the Senate. While it may be that only certain provinces currently benefit from these guarantees, the protection is provided to all provinces should the situation arise.

Our position on representation in the House of Commons is clear: Any updates to the formula allocating House of Commons seats should be fair for all provinces and nationally applicable.

After reviewing the proposal set out in Bill C-312, I can firmly say that our government's fair representation act is stronger in all areas. The formula proposed in the fair representation act is a principled, nationally applicable formula that brings every province closer to representation by population, because, on this side of the House, we are governing for all Canadians, not just some provinces.

As a result, the fair representation act provides better relative representation for the faster growing provinces of Alberta, British Columbia and Ontario than Bill C-312.

Our government's proposal also provides a reasonable increase in the number of seats in the House of Commons, compared with Bill C-312. Following the first adjustment on the fair representation act, the total number of seats in the House of Commons would be 338. Under Bill C-312, it may be as high as 351 members. We make no apologies for addressing the significant and increasing under-representation of Ontario, British Columbia and Alberta but we are all conscious of the need to manage the growth of our parliamentary institutions. Growth can be responsibly managed without pitting region against region, Canadian against Canadian, while still moving every province closer to representation by population. The fair representation act would achieve both objectives.

Additionally, our government bill introduces a representation rule. This representation rule would ensure representation by population for slower growth provinces. If a currently over-represented 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 is equal to its share of the population. This rule, which would apply equally to all provinces, means that Quebec would be the first province to benefit from this application. The province would receive an additional three seats in the next re-adjustment. Under the fair representation act, Quebec has 23% of the population and would have 23% of the seats in the House of Commons.

When compared to Bill C-312, the fair representation act would provide better relative representation for faster -growing provinces, would ensure protection for slower growing provinces and would guarantee that Quebec's representation is proportional to its population, all while managing the growth of the House of Commons. Simply put, the formula put forward in the fair representation act is better than the proposal we are considering today.

[Tim Uppal, Conservative, Minister of State (Democratic Reform)]

Mr. Speaker, the fact is that Bill C-20 , the fair representation act, laid out very clearly how many seats each province would receive and how those seats would be distributed. After hearing the member's speech, it is not very clear how many seats the provinces would receive.

The member focused on Quebec, but I still do not have any numbers. What are the numbers? Why is he not talking about how many seats each province would receive? Why is he not being clear about the numbers?

Procedure and House Affairs

[Joe Preston, Conservative, Elgin—Middlesex—London, ON]

Mr. Speaker, I have the honour to present, in both official languages, the 11th report of the Standing Committee on Procedure and House Affairs in relation to Bill C-20, An Act to amend the Constitution Act, 1867, the Electoral Boundaries Readjustment Act and the Canada Elections Act. The committee studied the bill and decided to report the bill back to the House without amendment.

[The Chair, Conservative, Joe Preston]

It's on division.

We don't need to order a reprint of the bill because we haven't amended it.

That is our work on Bill C-20.

[David Christopherson, NDP, Hamilton Centre, ON]

Okay. We're making headway.

Thank you, Chair.

I move that Bill C-20 in clause 8 be amended by replacing line 20 on page 6 with the following: “at least 75 days before the day on which the”.

That ends the amendment. May I speak?

[Marc Garneau, Liberal, Westmount—Ville-Marie, QC]

If I may, the Constitution says that the concept of proportional representation is the driving factor behind this, and we have achieved that to the same extent as Bill C-20.

[Marc Garneau, Liberal, Westmount—Ville-Marie, QC]

Am I to assume that if you keep the number at the same level you are going against the principle, when we achieve the same results as with Bill C-20? If you look at the numbers themselves, I mean, how could this be contrary?

[The Chair, Conservative, Joe Preston]

I guess the simplest answer is that the principle of Bill C-20 is to adjust the membership of the House and this amendment seeks to keep it the same. That would be quite contrary to the principle.

[The Chair, Conservative, Joe Preston]

Bill C-20 amends the Constitution Act of 1867. It amends the rules for adjusting the number of members in the House of Commons. This amendment proposes to amend those rules so as to keep the numbers of members at the current level.

The House of Commons Procedure and Practice, second edition, states on page 766:

An amendment to a bill that was referred to a committee after second reading is out of order if it is beyond the scope and principle of the bill.

In the opinion of the chair, maintaining the current numbers of members of the House of Commons is contrary to the principle of Bill C-20, so it is therefore inadmissible.

[Marc Garneau, Liberal, Westmount—Ville-Marie, QC]

You don't have to respond to it, Mr. Chair. I would like to make the point that the same proportion is achieved through this formula, keeping the total number of seats at 308, as with Bill C-20, which increases the number of seats by thirty.

[The Chair, Conservative, Joe Preston]

Well, Mr. Garneau, you are probably not going to like that Bill C-20 amends the Constitution Act 1867 to amend the rules for readjusting the number of members in the House of Commons. This amendment proposes to amend these rules so as to keep the number of members as its current level.

As the House of Commons Procedure and Practice, second edition, states on page 766:

An amendment to a bill that was referred to a committee after second reading is out of order if it is beyond the scope and principle of the bill.

In the opinion of the chair, an amendment to maintain the current numbers of the members in the House of Commons is contrary to the principle of Bill C-20 and therefore is inadmissible.

[Marc Garneau, Liberal, Westmount—Ville-Marie, QC]

Yes. Mr. Chair.

We realize that in the readjustment of the seat distribution, when we keep the number at 308 there are provinces that have increased—Ontario, Alberta, and British Columbia, obviously—and others that have not increased proportionally to those provinces. This is a way of providing a gradual change. In other words, we don't lower provinces that have decreased their population proportion disproportionately; we do it gradually. At the same time, we only gradually bring up those provinces that have increased their population. In fact, if you compare our numbers in terms of proportion, they're the same as those being proposed in Bill C-20.

[The Chair, Conservative, Joe Preston]

Certainly. Bill C-20 amends the Constitution Act—that's what it's for—by modifying the rules for calculating the provincial representation in the House. The amendment attempts to exempt the Province of Quebec from these proposed rules.

As the House of Commons Procedure and Practice, second edition, states on page 766:

An amendment to a bill that was referred to a committee after second reading is out of order if it is beyond the scope and principle of the bill.

In the opinion of the chair, the introduction of an exemption for the rules for Quebec is a new concept that is beyond the scope of Bill C-20 and is therefore inadmissible.

Will you be voting in favour of this?