Reform Act, 2014

An Act to amend the Canada Elections Act and the Parliament of Canada Act (candidacy and caucus reforms)

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

Sponsor

Michael Chong  Conservative

Introduced as a private member’s bill.

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

This enactment amends the Canada Elections Act to provide that the chief agent of every party is to report, in writing, to the Chief Electoral Officer the names of the person or persons authorized by the party to endorse prospective candidates.
It also amends the Parliament of Canada Act to establish processes for the expulsion and readmission of a caucus member, the election and removal of a caucus chair, leadership reviews, and the election of an interim leader, and to provide that these processes apply to party caucuses that vote to adopt them.

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

Feb. 25, 2015 Passed That the Bill be now read a third time and do pass.
Sept. 24, 2014 Passed That the Bill be now read a second time and referred to the Standing Committee on Procedure and House Affairs.

Reform Act, 2014Private Members' Business

February 3rd, 2015 / 7 p.m.


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Conservative

Joe Preston Conservative Elgin—Middlesex—London, ON

Mr. Speaker, I am so pleased to stand today and speak on my friend's bill, Bill C-586.

Before I get to my specific comments, I want to thank the member for Wellington—Halton Hills for his hard work. I know that this has not been easy to do, and sometimes it was a case of friend against friend discussing the bill. However, he brought dedication, spirit, and collaboration to the endeavour, which is not always shown in this place. When we do take the time to listen to the views of others, we sometimes get it right, or, as the member has said, it is perhaps not perfect, but we do take steps to get there. The hon. member has shown an extraordinary openness to discuss and, some might say, compromise, but at least he worked together with others here in the House. That certainly helped the bill make it through committee.

I will begin my comments with a brief outline of how we have arrived at this point.

The first iteration of the bill was introduced late 2013. After consultation with colleagues and many discussions among ourselves, and not even with the member sometimes, the member for Wellington—Halton Hills introduced a modified version of the bill in the spring of 2014.

Since April, many in the House have reviewed, considered, and discussed the revised bill. In its original form, the bill would have made substantial changes to the Westminster system of governance, which needed to be carefully considered. I personally spent a lot of time talking to the member for Wellington—Halton Hills and others. We talked about proposed changes, and through the summer I realized that while I might not like the bill entirely, boy there was some good stuff in it, as the member said, and so we had to work to get it here.

My colleague, the member for Wellington—Halton Hills, worked with members on both sides of the House to improve the bill, and in September he announced further changes. It was also announced that political parties would remain in charge of their own nomination rules and have freedom to choose who approves candidates, which is such a large step. I do not think members recognize how large a step that is. This would allow caucuses to determine whether they wanted to opt in or opt out of some of these processes.

I think there may be some initial fears about some of the changes that have been suggested, but as the member has said, we cannot reach for the stars without taking a couple of steps forward, which is exactly how this would happen. We cannot have it all at once, but we will never finish the trip if we do not take the first steps.

I was pleased to see some of the further changes. I listened intently to the debate in the House at second reading, and then the bill came to committee. It is the changes that were made at the procedure and House affairs committee that I will focus the rest of my comments on.

As the chair of the committee, I have been there a long time, and the rules of this place, as the member for Bonavista—Gander—Grand Falls—Windsor said, sometimes get in the way. People do not understand why a rule is there and why a member cannot just stand up and do something about it.

I thank the member for Toronto—Danforth for his great help at committee on this, but as he said, the procedures are what run this place, and if we write the right rules the place will run better, and if we write bad rules it will not. The member for Wellington—Halton Hills has it somewhere nearer to right, I might chance to say. However, as the chair of the committee, I must take a non-partisan role throughout all of the points I have discussed so far. When the bill gets to committee, I must help the committee move it as we can. Personally, I had some great thoughts as to what could be done, but we had to let it get there, and I thank the member for the kind comments about the work the committee did.

I will talk about some of the rules in the bill.

Regarding the role of the party leader to endorse candidates, as I said, it is a huge step forward when we can designate the person who would do that. If we take out of the law the provision that it is the party leader who endorses candidates, will that be a great change? We will see. As each party grows into the system, we will find out.

As I said, section 67(4)(c) of the Canada Elections Act currently requires candidates to have the signed approval of their party leader. That could now change, and we expressed that we hope it will.

A number of commentators have pointed out that the nomination contests represent the most fundamental element of our democratic system; that is, the people back home choose who is going to run to represent them back home. It is important that sometimes the party stays out of the way on that. This bill would help do that.

The original version of Bill C-586 would have amended the Canada Elections Act to dictate a more elaborate process, but we have now got it to where each party can choose its own and, through a democratic procedure, make that happen. I think it is important that we have that freedom.

This led to an important debate in the House about how to uphold the independence of parties and their right to decide how to function as private organizations and, in fact, function differently from other parties. I think the internal workings of parties need to have that type of flexibility.

As amended by the procedure and House affairs committee, the requirement for the party leader's signature would be replaced with a more open requirement of the signature of a person or persons authorized by the political party to endorse prospective candidates.

Those are just words on a piece of paper, but I find them to be extremely significant in this place. When we can change the rules to make the place work better, change party rules to make parties work better, we have accomplished something.

It would also remove the presumption that only the party leader has the ultimate power to endorse candidates while, at the same time, recognizing the right of parties to tailor their process to meet the unique needs of that party. Large, small, national in scope, or not national in scope, all of these things can now be taken into consideration. We would have that flexibility when we pass this bill that we did not have the moment before.

At committee, we also discussed caucus members and party leaders. The other key aspects of Bill C-586 are the provisions for the removal and the re-admission of caucus members and the removal of party leaders. These were discussions and parts of the bill.

Unlike the role the party leader plays in endorsing prospective candidates, the rules and procedures of party caucuses have never been set out in standard. There is not something we could point to and say, “That is what they are.”

In fact, we are ploughing some new ground here, certainly, in this Parliament, giving those options for a caucus to meet immediately after election and decide what rules it would be run by in the election of caucus leaders and the election of how to admit caucus members or dismiss caucus members.

Again, having spent some time in this place, I know these are extremely large decisions. We may look back on this day and say, “I remember when we allowed ourselves to have the freedom to do exactly that.”

Parties must have the freedom to organize themselves as they see fit. Again, what works for one party may not always work well for the other. However, the bill from the member for Wellington—Halton Hills would allow that freedom between those parties.

I believe there are important changes in the reform act.

I have spent a great deal of time working with a great group of people at the procedure and House affairs committee, moving things forward that are hard to do, but sometimes they are not as rewarding as I find the bill today from the member for Wellington—Halton Hills is, and would be, going forward. We have accomplished something here and I am proud to be able to do it. I am proud, now, to able to stand in the House, remove my non-partisan hat that I have to wear at committee in order to make things happen functionally, and say that I will be standing to support this bill and I hope all other members will.

Reform Act, 2014Private Members' Business

February 3rd, 2015 / 7:10 p.m.


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The Acting Speaker Bruce Stanton

Before we go to resuming debate and the hon. Parliamentary Secretary to the Leader of the Government in the House of Commons, I will let him know that there are about eight and one-half minutes remaining in this first hour allocated for debate on the question, so he will not have the complete 10 minutes. I will just let him know that and he can judge his time accordingly.

The hon. parliamentary secretary.

Reform Act, 2014Private Members' Business

February 3rd, 2015 / 7:10 p.m.


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Regina—Lumsden—Lake Centre Saskatchewan

Conservative

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

Mr. Speaker, I am glad you told me about the time constraints on my presentation, because you know me well and my history in this place. I sometimes find it difficult to clear my throat in less than eight and a half minutes, but I appreciate the heads-up on that.

It is a pleasure for me, honestly, to stand here and speak to Bill C-586, the bill now known as the reform act, brought forward by my colleague from Wellington—Halton Hills.

I must first congratulate my colleague, as I have done before, and I mean this quite sincerely. Any time any person in this place brings forward an initiative to improve the functioning of this place or to try to improve the functioning of our democratic process, that individual should be applauded. I applaud my colleague for bringing forward this legislation, which has sparked more discussion than any other private member's bill I can recall, and I have been here for close to 11 years. That speaks to the impact the contents of the bill will have on average, or at least typical, Canadians.

When the bill was first introduced, prior to the amendments, I received phone calls, letters, and emails from people, not only within my riding but throughout western Canada, encouraging me, in some cases, to support the bill. Some would merely query me as to how I would be reacting and whether I would be voting for or against the bill and asking for my rationale for the vote I would be undertaking.

I cannot recall another private member's bill having that much impact, causing so much discussion, and creating so much attention. On that alone, I sincerely congratulate the member, because if nothing else, he has brought to the attention of a lot of Canadians what private members can do, what members commonly known as backbenchers can do.

There is so much criticism of our democratic process. There is so much criticism these days about how this Chamber operates, and that criticism is usually targeted toward centralization and party leaders, or in some cases, the centre, having too much influence over how members operate and vote and over what they say in this place.

To have a private member's bill that has sparked so much discussion and interest throughout Canada speaks to the fact that individual members who are not in cabinet, who are not in leadership roles in opposition parties, have the ability to enact positive change. More than anything else, that is the benefit this legislation will have, and that will be the legacy of the member for Wellington—Halton Hills. The member has demonstrated quite clearly to members within this place and to members of the general public that the power of one exists, that the power of individual members, whether or not they are in cabinet or in leadership roles, is still absolute. I will not go further than that.

This is a powerful piece of legislation the member has brought forward. It speaks volumes about the ability of individual members and what they can do if they have an idea that would improve the functioning of this place and democracy. I hope more members take this into account when considering private member's bills they may want to bring forward in the future. Kudos to my colleague.

When the bill was originally brought forward by the member, I had some concerns. My primary concern was that in its original form, caucuses would have the ability not only to cause a leadership review to take place but to determine the fate of a leader. I had great difficulty with that. My point then, and still is today, was that if party memberships elect a leader, they should have the ability to get rid of a leader or to at least review and vote on whether they want that leader to continue. That was my primary concern. The amendments brought forward by my colleague are certainly measures I can support now.

I was very taken by my colleague's words when he said that perfection is sometimes the enemy of the good. What he was actually saying is that he has discovered and has worked toward the art of the possible. I think my colleague is quite correct. In its original form, I do not believe the bill would have passed Parliament, but there is so much good in the original bill and this revision that it should pass Parliament.

I will point out a couple of things in the bill that, in my personal view, are excellent. One is the ability of caucuses, if they choose to adopt the suggestions contained in Bill C-586, to vote for the caucus chair. I have long held that belief. I believe that as members we should have the ability to determine whom we wish to see in that chair representing us. I think that is an excellent suggestion, one I will wholeheartedly support and encourage my colleagues to support.

The other point that I think is extremely well-intended and makes for a very, very solid bill is the ability of caucus members to determine if one of their caucus colleagues should either be expelled or re-admitted to caucus. I think every party in this place has had members of their caucuses who have left, sometimes for different reasons.

Looking at my colleagues across the floor in the official opposition, since this Parliament was first elected in 2011, there have been six members of the NDP who have left their caucus, sometimes voluntarily, and perhaps sometimes with a little encouragement, shall we say.

In our party, we have had a number of examples as well, but the point is that many times there are issues that we have within caucus. Those issues in large part remain private, but if they were serious enough to the point where caucus members themselves believed there should at least be a discussion on whether the admissibility of a caucus member should be in question, they should have the right to do so.

I do not believe that it should be the unilateral right of a leader to make those determinations. Certainly, the opinion of party leaders will play a great role in that determination, but ultimately I believe that members of Parliament in all caucuses have the intelligence and the ability to make that determination themselves.

I have been in caucuses where we have seen caucus members leave. I have also been in caucuses where I have personally known that some of those members would like to have been re-admitted, but there was no method for me or other caucus members to have a say in that process. The bill deals with that, and I think that is a very, very positive aspect of it.

I will just say in conclusion that while I agree with my colleague and my friend that the bill may not be perfect, it is a step in the right direction, and I strongly encourage all of my colleagues throughout the House to support the bill because, as my colleague quite correctly pointed out, it is perhaps the first step in an ongoing series of reforms that will improve the functioning of this place. If that is the case, then his legacy will be forever enshrined as one of the great movers of democracy in our country.

Reform Act, 2014Private Members' Business

February 3rd, 2015 / 7:20 p.m.


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The Acting Speaker Bruce Stanton

Should he wish, the hon. parliamentary secretary will have a minute and a half remaining in the time provided when the House next resumes debate on the question.

The time provided for the consideration of this item of private members' business has now expired and the order is dropped to the bottom of the order of precedence on the order paper.

Pursuant to Standing Order 30(7), the House will now proceed to the consideration of Bill C-518 under private members' business.

The House resumed from February 3 consideration of the motion that Bill C-586, An Act to amend the Canada Elections Act and the Parliament of Canada Act (candidacy and caucus reforms), be read the third time and passed.

Reform Act, 2014Private Members' Business

February 18th, 2015 / 5:30 p.m.


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NDP

Kennedy Stewart NDP Burnaby—Douglas, BC

Mr. Speaker, it is a great pleasure to stand today and say that I support something that has originated on the other side of the House.

I would like to congratulate the member for Wellington—Halton Hills for a fantastic job on Bill C-586, which is known as the reform act. I would also like to thank the member for Toronto—Danforth, who sits on this side of the House, for steering our party and for contributing a lot to the debate here as well.

I am proud to say that I jointly seconded this bill and supported it all the way through the process, and will, of course, again support it in its third reading.

The bill addresses how parties nominate candidates, choose their caucus chairs, expel members, undertake leadership reviews, and select interim leaders. It is a very wide-ranging bill that would affect what some people might call “inside baseball”.

The Canadian public has heard a lot about the bill, but I think once they see the rubber hit the road when the bill finally passes, they will see a difference in how this chamber operates and how Canadian democracy operates. For that reason, I think it is an important bill.

The bill has been through many iterations. There has been a lot of talk across parties and within parties about how it would operate, so I commend the member for sticking with it and getting it to this stage in the process.

However, I worry a little bit about the fate of the bill in the Senate. We know that it has to go through the readings there, and, as the chair of our committee said, we are coming to the end of the runway in terms of this parliamentary sitting. I am worried about how the Senate is going to deal with the bill, in that it might try to delay it or perhaps propose amendments that would delay the passing of the bill until we come to the next election. Then, of course, we would have to start all over again.

What has prompted this worry and concern is that the Senate is currently playing games with a bill from my seatmate, the member for Esquimalt—Juan de Fuca. That is Bill C-279, regarding transgendered rights. The Senate promised it would not interfere with the bill, as it has passed this place, but interference has happened twice. It happened in this Parliament and in a previous Parliament with a bill from the former member of Parliament for Burnaby—Douglas, Bill Siksay. We are now unsure about whether Bill C-279 will make it through the Senate.

Of course, the Senate can delay the bill until there is an election called, and again that process would have to start all over. I think that is probably my largest concern.

With the Prime Minister's support and with our support on this side, I think that all members have now come to a version of the bill that we can agree with, although I worry that the senators will be a main threshold, and the spotlight should be on them.

This is a bill that talks about how we conduct ourselves here in this House, in the green chamber. It is not about the red chamber. I think those in the red chamber should just pass the bill through as quickly as they can so that this measure can be in place before the next election.

In terms of substance, the bill would remove the statutory requirement that party leaders approve party candidates in general elections. I think this is perhaps the tip of the spear and that we are getting into the whole topic of nominations and how candidates are selected. I will touch on that aspect a bit more later.

The bill would also require parties to vote in a formal way on the rules governing their caucuses and enable us as members to choose how power should be balanced between members and our party leaders. I think that in this area the bill has struck a balance with its flexibility.

There are different requirements in different parties, which have different principles on which they stand. I think there is flexibility required, but not so much flexibility that the bill would be meaningless. I think the bill has struck a balance in terms of how different parties would approach this issue.

I think there will be a level of public scrutiny after the next election when the bill is in place and we have to vote on these rules. They will be widely reported, and Canadians will have a much better idea of how parties function within this House.

I am sure that we New Democrats will decide to elect our caucus chairs. The Liberal Party may not choose to do that, and I think that would cause a lot of interest within the public and again distinguish the parties from one another, so I think that is very important.

The bill would establish formal rules on how we expel or re-admit caucus members. It is something that is done but it is not formalized. It is important that it be formalized so that everyone would know the rules of the game before they get into it. It would reduce the speculation and the uncertainty around these processes. Even though the rules may vary between parties, it is important that there be codified rules.

The bill would establish how we remove party leaders and then how we select interim leaders. As we sadly know, that was the situation we faced with the passing of Jack Layton, as has happened throughout the history of Parliament. Codification of how this would happen is critical. When Jack passed away, the party was in shock and it was not time to be making up the rules of the game. The rules should be known before something happens. When leadership or party leaders resign, it is better to have this in place beforehand. It is a good idea.

These are all good ideas. The flexibility shown in the crafting of this legislation and its movement over nearly two years has been well done. I praise my friend for his diligence in seeing this through.

I would also like to thank my colleague from Toronto—Danforth. He suggested in his speech a number of things that he would like to see in the bill and that he might look for in future bills. This will be an ongoing process, and I agree with my colleague from Toronto—Danforth that there will be constant iterations as we go through how we work here, as it has always been. In particular, my colleague from Toronto—Danforth would like to see some changes perhaps made in the timing of when notices are given or decisions are made, or the form in which they are reported. These are things that we can talk about after we have had the first iteration of this in the next Parliament. We could possibly tweak it after the first iteration.

My motion on electronic petitions is now at committee, where it will go through the same process of debate back and forth on how this should work. Once it is in place and tried, then there will be room for adjustments.

I would like to return to the part of the bill that interests me the most, the nomination of candidates. All parties are in the middle of nominating hundreds of candidates who will compete in the upcoming election. It is hard to open a newspaper without seeing some report on a nomination process, either controversial or not. This legislation touches on this by addressing whether or not the party leader has to sign a candidate's nomination papers, but there is more to be said here.

I am intimately familiar with this process having gone through it myself. My wife, Jeanette Ashe, has just finished her Ph.D. on this topic. She examined 10 years of nomination contest data made available by the British Labour Party. I am happy to be able to call her Dr. Ashe now. The data she collected and the interviews she conducted allowed her to paint a detailed and precise picture of this rather secretive process. I have written about this myself. In the academic world, it is often called the “secret garden” or the “black box” of politics. The public really has very little idea. It is like a sausage machine where meat goes in one end and the sausage comes out the other, if we can refer to ourselves as sausages. However, we do not really know what happens in the middle. This legislation touches on a bit of that. It has been formalized in the Canada Elections Act, but it can change. A party leader or someone else will sign the papers, but what happens within this process is important. It is time that we shed a little light into the secret garden.

Right now Elections Canada looks at the financing of the nomination process. There is a cap on how much individuals can spend and financial disclosure is required. With this legislation, we would have a bit more. We will have a bit more discussion on this.

Elections Canada should perhaps look into having more reporting around the nomination process. For example, Elections Canada does not report on the results. It looks at who wins the process but it does not look at who participated in it.

The key for my wife's study was that the British Labour Party did track this and make it available. Perhaps that could also be more formalized. Perhaps Elections Canada could record, not like the primary system in the U.S., which is completely regulated by electoral officials, but to just have transparency, recording perhaps who ran and how many votes were cast in these contests.

If we are fortunate enough to come back in the next Parliament, I look forward to working on that with my colleague across the way.

Reform Act, 2014Private Members' Business

February 18th, 2015 / 5:40 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I would say right from the get-go that the Liberal Party is having a free vote on the member's bill. There is quite a difference in opinions and thoughts, as I am sure the member can anticipate, even within our own caucus. At the very least, he has provoked a good, healthy debate.

I come to the table with some experience in the sense that I have been a parliamentarian for a couple of decades now, and I have also sat on election readiness committees. He just made reference to the nomination process. There has been a lot of interest in how we can improve the system.

If we were to canvass most parliamentarians, we would find that they all have some thoughts they would like to share. The member who spoke before me made reference to the financing of elections, for example.

I am very familiar with nominations. I have had nominations when I have been acclaimed. I have had to run against other individuals. There is something to be said about acclamations, but contested nominations are also of high interest for local communities.

There seems to be a natural evolution toward what I believe is a healthier democratic process. I would cite, for example, leadership, from oppositions to prime ministers. As we all know, at one point, caucuses were responsible for the selection of their own leaders. If a party happened to be the one with the most seats, the leader of that party became the prime minister.

It then moved off in many different forms. It was not that long ago, for example, that the Liberal Party elected leaders through delegates. We had 300 constituencies scattered across Canada. Each constituency would have a number of selected delegates, a large convention would occur, and those elected delegates would then determine who the next leader, in my case, of the Liberal Party of Canada, would be. In our most recent leadership convention, we literally had hundreds of thousands of Canadians engaged directly in that process, from every region of this country. In my short political time, I have witnessed an evolution that ultimately saw the grassroots get engaged in selecting a leader.

Here we talk about how to get rid of a leader. There are mechanisms in political parties, such as leadership reviews. In Manitoba, a small group of four or five NDP members of the legislative assembly chose to go offside of the elected premier, Mr. Selinger. Because of those five NDP MLAs, there is now a leadership convention taking place. Again, delegates and union members will determine who the next leader of the New Democratic Party, and therefore the premier of Manitoba, is going to be.

Different parties are at different stages. From what I have witnessed over my short tenure, there is reason for us to be encouraged. I think of nomination meetings. The leader of the Liberal Party of Canada, upon being elected as the leader of the party, indicated that all nominations are open nominations. We have heard stories or a nomination candidate is upset because he or she did not get a green light or something of that nature.

At the end of the day, I truly believe that all 338 constituency nominations are, in fact, open. We have seen that in terms of just expressions of interest. We have had literally hundreds of people, again from every region of the country, putting in papers, requesting and wanting to get engaged in the Liberal Party, and who want to be candidates.

It is no easy feat having to get the memberships and go through a process that I would argue is very democratic. I am not trying to say that we have the best system in the world. There is always room for improvement.

When I look at the member's bill and some of the things that he is suggesting, for example, the selection or election of caucus chairs, that is something the Liberal caucus currently does. We recognize the important role that our caucus chair plays. I have had the opportunity to participate directly in that. We do sit down as a group of members of Parliament to select who is going to be the chair of our association.

I have seen other areas where we have made significant improvement. Just over a year ago, it was the issue of the Senate, and the leader of the Liberal Party likely did more for Senate reform than anything that has happened in the last 15 or 20 years, by making it truly more independent.

There are many things that we can actually do without having to pass legislation to ensure that we do get some of the reforms that I believe Canadians as a whole want to see.

There are other types of reforms that are necessary for us to have in terms of legislation. We see that in the Elections Act and financing. These are areas that I, personally, have a deep interest in seeing take place. For example, during a campaign period, there is a fixed amount of money that anyone can actually spend pre-election. In the months leading up to an election, what someone could actually spend is endless. That is something that needs to be looked at.

I brought forward a bill which would have ensured more accountability for advertising, where leaders of a political party or executive officers of non-profits or other organizations, third parties, would have to take responsibility for the advertising that takes place, and doing what takes place in the United States and other jurisdictions. It is called “stand by my ad”. For example, an ad would have to be followed by leaders stating that they approve of that particular ad.

There are many different types of reforms where I would like to see legislation required. With respect to this particular piece of legislation, the member brought it forward and it went to PROC. There was a substantial change made to the original proposal. It talked about each party voting after an election on whether to adopt some of the specific provisions.

That was a substantial concession that the member had actually taken into consideration, in essence allowing for the individual caucuses to determine whether or not they would like to proceed on some of the initiatives that the member actually put into this private member's bill.

When I look at the bill overall, there is a great deal of merit to it. I am not 100% sure, in terms of having been someone who supported the bill to go to committee, wanting to see what would take place at committee. I was hoping to see a couple of different things and maybe a little more debate occurring.

All in all, with this particular amendment, the member has made it that much easier for members on all sides to support his bill. I suspect the bill will ultimately pass. I do applaud him for taking what I believe is not an easy path, trying to reform the institution or system in a proactive fashion. I do give him credit for having the courage and the tenacity to continue to push some very important issues that I am sure Canadians will agree with.

Reform Act, 2014Private Members' Business

February 18th, 2015 / 5:50 p.m.


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Oak Ridges—Markham Ontario

Conservative

Paul Calandra ConservativeParliamentary Secretary to the Prime Minister and for Intergovernmental Affairs

Mr. Speaker, I am pleased to participate in the debate today on Bill C-586, Reform Act, 2014.

I, too, would like to echo the comments of previous speakers by acknowledging the member for Wellington—Halton Hills for the hard work, dedication and spirit of collaboration he has brought to this process on the bill. The spirit of collaboration is a major reason why we have reached this point today.

There have been a number of changes to the bill from its first iteration, Bill C-559, as amended, and is much different than the original version that was introduced.

I believe the changes that were made are extremely important because they recognize that parties must have the freedom to organize themselves as they see fit. What works well for one party may not work well for another. A one-size-fits-all approach does not work, which is why I fully support the bill as amended by the Standing Committee on Procedure and House Affairs.

With my time, I will focus on some international examples that are relevant to the content of the reform act, 2014.

It is clear that in developing this legislation the member for Wellington—Halton Hills looked at current practices in Canada and examples in other countries with a Westminster form of government.

On the review of party leadership issue, the hon. member referenced the existence of rules in other countries to empower caucuses. If we examine the international examples, it is quite remarkable to note the number of different rules that exist in different countries and among different parties. In fact, there are about as many different approaches to issues such as leadership review as there are political parties.

For example, in the United Kingdom, all of the major parties have different rules for leadership removal. For the United Kingdom Conservative Party, a vote by 15% of Tory MPs can trigger a leadership review and a leader can be dismissed upon a majority of those voting by secret ballot.

For the Labour Party, a leadership contest can be triggered if a challenger collects nominations from 20% of Labour MPs. The party leader is replaced if the challenger receives a majority of votes using an alternative vote system in an electoral college consisting of Labour MPs, members of the European Parliament, party members and members of affiliate organizations.

The Liberal Democrats take yet a different approach. A leadership contest can be triggered by a majority vote of Liberal Democratic MPs or if 75 local party organizations write to the party president calling for a leadership contest.

Political parties in Australia and New Zealand also have rules that set out thresholds for the review of party leaders. However, as is the case with the United Kingdom, the rules are different from party to party.

The rules of the Australian Labour Party, for example, require the support of 75% of caucus members to initiate a leadership review of a governing leader or 60% to initiate a review of a leader in opposition. These thresholds were increased in 2013 from the previous threshold of 30% because the party believed the threshold was too low and contributed to leadership instability.

To give an example from New Zealand, the rules of the New Zealand Labour Party provide that a leadership election is triggered upon a vote of 50% plus one of caucus members. The party also has an automatic leadership review by caucus after three months of a general election, where the votes of 60% of caucus members are required to endorse the leader.

The experiences in Australia and New Zealand, like the U.K., show that a one-size-fits-all solution does not work. It is important that parties have the flexibility to determine the rules that govern them.

Bill C-586, as amended by the Procedure and House Affairs Standing Committee, respects that important principle.

Mr. Speaker, I believe there are important lessons that can be taken from the international examples. First, there is the simple fact that while rules do exist in other Westminster systems, they differ quite a lot from party to party. The example of all parties in the U.K. shows us just how varied approaches can be to the same issue in the same country.

In some cases, the votes on leadership reviews are taken only amongst MPs, while in other cases parties involve the wider party membership in these decisions. There are also considerable differences in how those votes are conducted.

It is also important to note that the rules that govern the parties have changed over time and I suspect they will continue to evolve in the future. This is best exemplified by the dramatic differences in the threshold for party leader review made by the Australian Labour Party in 2013.

It is important that political parties have the freedom to make their decisions about what type of approach they would like to pursue. Bill C-586, as amended, would do this.

I would like to take a moment to turn to our government's strong, democratic reform record. We walk the walk when it comes to empowering members of Parliament to bring forward ideas and issues important to them and to their constituents. For instance, the Globe and Mail analyzed 162,000 votes over almost two years which showed that members on this side of the House were far more likely to vote independently from their party than were opposition MPs. As well, more backbench MPs have passed bills into law through this majority Conservative Parliament than in over 100 years, the time for which such records are available.

The bill of the member for Wellington—Halton Hills has precipitated important discussion and debate on matters that affect us all. I have listened carefully to the views of my colleagues on both sides of the House regarding the changes that have been made to the reform act, 2014. In my opinion, the changes that were made have improved the bill and take into account concerns that have been raised.

For this reason, I urge all my colleagues to support the bill.

The House resumed consideration of the motion that Bill C-586, An Act to amend the Canada Elections Act and the Parliament of Canada Act (candidacy and caucus reforms), be read the third time and passed.

Reform Act, 2014Private Members' Business

February 18th, 2015 / 6 p.m.


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Conservative

Larry Miller Conservative Bruce—Grey—Owen Sound, ON

Mr. Speaker, it is indeed a pleasure to rise today to speak to Bill C-586, a bill that my good friend and colleague, the member for Wellington—Halton Hills, has brought forward.

I would like to thank him for his fortitude in putting together the bill. If we are honest with each other, no one likes change, and change in this place is always hard to attain. So I thank him for staying with it. Our hon. colleague across the way, the member for Burnaby—Douglas, mentioned this as well. I think a lot of people in this place, knowing how the process works and how time-consuming it can be, find it discouraging at times. Therefore, I thank the member for staying with it.

I would also like to thank the Minister for Democratic Reform, the member for Nepean—Carleton. He was instrumental in working with the member for Wellington—Halton Hills in making changes to or tweaking the bill in a way that made it acceptable to the House. From the comments I have heard here, I think it is a very strong bill and that it will get very strong support. That is a good thing.

I will speak to some of the amendments to the bill, because I think they are key. However, before I do that we should go back in history and get to why we are where we are today and why we need some changes.

We cannot all be ministers. We cannot all be leaders of parties, but we are all members of Parliament. Whether I am a backbencher MP, the prime minister, or the leader of the opposition, my vote is the same. It is the same as yours, Mr. Speaker, when you are in your chair. We all have that vote. Our people send us here for that. Therefore, we have to protect it.

In about 1969 or 1970, former Prime Minister Trudeau made a statement that, if I had been a member that day, I am sure I would have been offended by. He basically said that backbenchers were nobodies. I think that was wrong then and is still wrong today. Anything we can do to empower all of us in this place is very important. That is what taxpayers around the country want.

Quite often in the House, because most people only see what happens at question period, they believe that we are always at odds with each other. In this debate and on some other bills we have had, of course there are differences of opinions and philosophies and that type of thing. We need to thank the member for being flexible enough to work with other parties to get something that was acceptable to everyone in Bill C-586. To hear that around this place is very nice and good to see.

The amendments I will speak to were adopted by the Standing Committee on Procedure and House Affairs. I want to explain how these modify the bill.

The member removed the requirement from the bill and Canada Elections Act that party leaders sign a candidate's nomination papers. That has never been an issue in the party that I belong to. Someone has to make sure that all the i's are dotted and the t's crossed. I cannot say that about all parties. Sometimes there is interference in nominations. At the end of the day, what will be improved by this bill is grassroots democracy, as people from the ridings will have more of a say in this. The changes under the bill would confer that power to nomination officers. Those changes would give that authority to a person or persons authorized by the party. Again, that change was made at the procedure and House affairs committee.

This amendment would remove overly prescriptive and outdated provisions and would provide political parties with greater flexibility. Parties, for the first time, would be able to determine their own processes for candidate sign-off, and that is a good thing. They can choose who to vest this power in rather than having it prescribed by law. That is a very key and positive change.

In addition, the committee adopted an amendment that would require the chief agent of each political party to submit a written report to the Chief Electoral Officer of Elections Canada containing the names of the persons designated by the party to endorse prospective candidates. The report would be submitted no later than 25 days before the polling date. This would ensure that Elections Canada and returning officers would be informed of who was authorized by the party to endorse prospective candidates, et cetera.

A consequential amendment was also adopted that would require a party to submit, within 10 days of the writ being issued for a general election, a statement with the names of the persons authorized to endorse prospective candidates in the election to the CEO of Elections Canada. These amendments to the Canada Elections Act are in keeping with the spirit of the reform proposed by the member for Wellington—Halton Hills.

There are a couple of amendments to the Parliament of Canada Act. I want to talk about those provisions and how they would change. The original proposals in the reform act sparked quite a lot of interest and debate in the House. One of the concerns raised was whether it was appropriate to legislatively regulate the governance of party caucuses, and it was a good discussion to have. In September of last year, the sponsor of the bill announced an amendment that would have each caucus decide whether it would be subject to the caucus rules outlined in the bill instead of the rules being imposed on it.

These amendments were made by the procedure and House affairs committee at the committee stage of the bill. They require that at the first meeting after a general election that each party caucus hold a separate vote to determine whether it wants to adopt the rules outlined in the bill regarding four things: the expulsion and readmission of a member; the election of a caucus chair; leadership reviews; and the election of an interim leader, should that be necessary. This would mean that four separate votes, one for each of these processes, would take place. One caucus may decide to adopt all of these processes while another may decide to adopt none of them or only the rules relating to leadership. What is important is that it is the decision of the caucus, and that is very valuable.

There are some other minor amendments and changes, but to wrap up, I want to pass on my support. The day that the member for Wellington—Halton Hills announced he would table this bill, I was at the press conference, and I have supported him from day one. I am very proud of that, and I will continue to support him. I urge all members in the House to stand in the House next Wednesday and support this.

Reform Act, 2014Private Members' Business

February 18th, 2015 / 6:10 p.m.


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Conservative

Michael Chong Conservative Wellington—Halton Hills, ON

Mr. Speaker, first of all, I want to thank my colleague from Bruce—Grey—Owen Sound for his support for the bill. I would also like to thank my colleagues in the caucus, including the members for Leeds—Grenville and Edmonton—Leduc, and numerous other members, including the Minister of State for Democratic Reform, for working with me on making amendments to the bill. I would like to thank the dozens of my colleagues in the caucus who both seconded the bill and supported it throughout the entire process.

Members opposite, the members for Toronto—Danforth and Burnaby—Douglas, provided very constructive advice on how to improve the bill. The member for Saanich—Gulf Islands, right from the day I tabled the bill in the House, was very supportive of it. The member for Saint-Laurent—Cartierville also provided some very good advice.

Most particularly, I would like to thank those colleagues of mine who did not support the original bill when it first came out. I want to thank them for their patience and for the advice they gave me. I listened to their concerns. The committee heard their views, and we have incorporated those concerns in this bill. I want to thank them for their patience and advice over the last year. As the member for Bruce—Grey—Owen Sound said, change is never easy. Sometimes change is difficult. I want to thank them truly for that patience.

I just want to make two quick points in closing. The first point is that I believe strongly that our society's greatest invention is Parliament. More specifically, I believe that our society's greatest invention is this elected House of Commons. Even more specifically, it is this elected House of Commons and its democratic checks and balances on power.

If we were to look around the world today at the societies that have the greatest prosperity, the greatest justice, the greatest social outcomes, and the most stability, they are all liberal democracies with democratic checks and balances on power. That is no accident. It is these very checks and balances on power, democratic in nature, that have produced the kind of wealth, stability, and prosperity we have come to enjoy as citizens in the modern west.

That is why I believe in the principles of this bill so strongly. We need to strengthen these democratic checks and balances on power. If we can do so, we will ensure that the prosperity, stability, and outcomes we have inherited from generations past will be passed on to the generations to come in this great country.

The second point I want to make is that time is short. We are mere months away from the adjournment of this Parliament and the eventual dissolution of this Parliament and the general election. If the bill is successfully adopted at third reading next week, we have a mere four months for the Senate to consider this bill and to adopt it into law.

My message to the Senate is that this bill must be adopted into law. This is a bill that concerns the democratic reform of this elected House of Commons. It is a bill about this House of Commons and how its members govern themselves and organize themselves. This bill is about how this House of Commons elects its own members. For that very reason, I believe that the Senate should expeditiously and swiftly pass this bill.

Constitutionally, we are chambers that are masters of our own destiny. The Senate should respect those constitutional divisions of powers, quickly pass this bill, and strengthen the democratic checks and balances that we have in this place so that we can pass along to future generations a Parliament that is strengthened and prepared to deal with the challenges of the 21st century.

Reform Act, 2014Private Members' Business

February 18th, 2015 / 6:10 p.m.


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The Deputy Speaker Joe Comartin

The question is on the motion. Is it the pleasure of the House to adopt the motion?

Reform Act, 2014Private Members' Business

February 18th, 2015 / 6:10 p.m.


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Some hon. members

Agreed.

No.

Reform Act, 2014Private Members' Business

February 18th, 2015 / 6:10 p.m.


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The Deputy Speaker Joe Comartin

All those in favour of the motion will please say yea.

Reform Act, 2014Private Members' Business

February 18th, 2015 / 6:10 p.m.


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Some hon. members

Yea.