An Act to amend the Parliament of Canada Act (confidence motion)

This bill was last introduced in the 41st Parliament, 2nd Session, which ended in August 2015.

This bill was previously introduced in the 41st Parliament, 1st Session.

Sponsor

Bruce Hyer  Independent

Introduced as a private member’s bill. (These don’t often become law.)

Status

Outside the Order of Precedence (a private member's bill that hasn't yet won the draw that determines which private member's bills can be debated), as of May 28, 2013
(This bill did not become law.)

Summary

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

This enactment amends the Parliament of Canada Act to establish the manner in which the House of Commons expresses no confidence in the government.

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.

Democratic ReformAdjournment Proceedings

April 2nd, 2014 / 6:30 p.m.
See context

Green

Bruce Hyer Green Thunder Bay—Superior North, ON

Mr. Speaker, I stand to address a vital issue here tonight, perhaps the most vital issue before the House in decades. The issue is our parliamentary democracy and how dysfunctional it has become, and the critically important efforts of the member for Wellington—Halton Hills to fix it with his reform act.

I have a long and diverse resumé, but Parliament is one of the most dysfunctional organizations I have ever seen. Many Canadians are not happy with the excessive control that party leaders' offices have over everything from what MPs say to how they are allowed to vote. No greater example exists than the dictatorial control by the current Prime Minister's Office. We have devolved into one of the most rigid top-down party systems in the western world. Political parties here control everything, at the expense of constituents.

The three main parties often muzzle their MPs. One of the reasons I left my former party was that I was punished for voting the way I promised my constituents over four election campaigns, with the full blessing of our leader at that time. I was not violating party policy or anything other than the whim of new leaders and backroom apparatchiks.

Party leaders have become far too powerful, mainly because they can withhold their signature on anyone's nomination papers. They hold this like a poised club over every MP to keep MPs toeing the party line.

It was not this way when Canada was founded. Parties are not even mentioned in the Canadian Constitution. From 1867 to 1970, candidates ran for office on their name and voters had to know who stood for what before marking a ballot. Then Pierre Trudeau changed the Elections Act to give party leaders the final say over nominations and override the wishes of local ridings. We also saw Pierre's son do this recently. Since then, backbenchers have been reduced to “mere trained seals”, in the elder Trudeau's own words.

A key part of the reform act would restore local democracy and effective representation by ending the requirement for nomination papers to bear a leader's signature. Also, the reform act would give MPs a say in who leads their caucus. All these reforms would rebalance power back toward the British model and make Parliament work for Canadians again.

I was seconder of the reform act. It is an important first step, but it is only one of the many reforms needing to be made to Parliament. In 2012, I introduced Motion No. 404 to end party leader signatures on nomination papers. I introduced Motions Nos. 391 and 340, proposing randomized seating in the House and allowing MPs from more than one party to co-sponsor legislation. These changes would make politics in Canada less about win-lose combat and more about compromise and co-operation.

A key needed reform is to fix our dysfunctional voting system. Motion No. 304 would involve Canadians from coast to coast in any changes, to add an element of proportionality to voting.

Finally, my Bill C-512 would clarify the rules around the confidence convention, to make our fixed election date meaningful, allowing the splitting up of huge omnibus budget bills and empowering MPs.

The reform act is one of the most important pieces of legislation in half a century. Will MPs dare, and be allowed, to vote for it?

Parliament of Canada ActRoutine Proceedings

May 28th, 2013 / 10:05 a.m.
See context

Independent

Bruce Hyer Independent Thunder Bay—Superior North, ON

, seconded by the member for Vancouver Quadra, moved for leave to introduce Bill C-512, An Act to amend the Parliament of Canada Act (confidence motion).

He said: Mr. Speaker, in an ongoing attempt to make this House more functional and democratic, I rise to introduce a bill to end the abuse of the convention of confidence in this House.

This bill would curb the excessive power of the Prime Minister to declare any vote a matter of confidence and to play chicken with legislation. It would also mean that budget and money bills are no longer confidence motions by default.

Only a motion that explicitly stated “that this House has no confidence in the government” would trigger a government to fall.

It would allow for a 14-day cooling-off period to re-establish confidence before Parliament would be dissolved. It would also mean the government would actually have to abide by its own fixed election date legislation.

I hope this would lead to greater government accountability, more empowered MPs and more co-operative governance.

(Motions deemed adopted, bill read the first time and printed)