Preserving Provincial Representation in the House of Commons Act

An Act to amend the Constitution Act, 1867 (electoral representation)

Sponsor

Dominic LeBlanc  Liberal

Status

This bill has received Royal Assent and is, or will soon become, law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

This enactment amends section 51 of the Constitution Act, 1867 to provide that, when the number of members of the House of Commons and the representation of the provinces in that House are readjusted on the completion of each decennial census, a province will not have fewer members assigned to it than were assigned during the 43rd Parliament. It also includes transitional measures providing for the application of that amendment to the readjustment of electoral boundaries under the Electoral Boundaries Readjustment Act following the 2021 decennial census.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-14s:

C-14 (2020) Law Economic Statement Implementation Act, 2020
C-14 (2020) Law COVID-19 Emergency Response Act, No. 2
C-14 (2016) Law An Act to amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying)
C-14 (2013) Law Not Criminally Responsible Reform Act

Votes

May 17, 2022 Passed Time allocation for Bill C-14, An Act to amend the Constitution Act, 1867 (electoral representation)

Debate Summary

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This is a computer-generated summary of the speeches below. Usually it’s accurate, but every now and then it’ll contain inaccuracies or total fabrications.

Bill C-14 amends the Constitution Act of 1867 to ensure that no province has fewer seats in the House of Commons than it did in the 43rd Parliament. This updates the "grandfather clause," establishing a new minimum seat allocation based on 2021 levels rather than 1985. The bill aims to protect representation for smaller and slower-growing provinces, particularly Quebec, while allowing for incremental seat increases in faster-growing provinces.

Liberal

  • Protecting provincial representation: The Liberals propose amending the Constitution Act to ensure no province has fewer seats than it did in 2021, establishing a new "grandfather clause". This is to protect smaller, slower-growing provinces while still allowing larger provinces to gain seats due to population growth.
  • Maintaining Quebec's voice: A key motivation for the bill is to prevent Quebec from losing a seat, recognizing the importance of protecting the French language, culture, and identity within Canada. By guaranteeing Quebec 78 seats, the bill aims to maintain its strong voice in the House of Commons.
  • Support for independent process: The bill supports the independent electoral boundaries commissions, which redraw electoral boundaries in each province according to the Electoral Boundaries Readjustment Act. This process is described as predetermined, transparent, and designed to mitigate political advantage.
  • Consideration of House size: While supporting the bill, some members raise concerns about the increasing size of the House of Commons and its impact on parliamentary privilege and the ability of individual MPs to effectively represent their constituents, especially in large rural ridings. There are thoughts on capping the number of seats.

Conservative

  • Supports bill C-14: Conservative members expressed support for Bill C-14, noting it preserves the redistribution formula established by the Fair Representation Act in 2011 under Prime Minister Stephen Harper. This Act added 30 seats to the House of Commons. It updates the baseline from 1985 to 2015 and ensures no province will have fewer seats than in the 43rd Parliament.
  • Effective representation matters: Conservatives believe that effective representation, as defined by the Supreme Court, is paramount. This means considering factors beyond population size, such as geography, communities of interest, and minority representation, to ensure diverse voices are heard and regions are fairly represented.
  • Representation by population: While emphasizing effective representation, Conservatives also advocate for representation by population, aiming to ensure that each Canadian's vote carries equal weight regardless of location. They acknowledge the impracticability of pure representation by population but strive for it to the greatest degree possible.
  • Concerns remain: Some Conservatives expressed concerns about the bill being a band-aid solution and the potential for future under-representation of faster-growing provinces like Alberta, B.C., and Ontario. They would also like to see reforms in other areas, such as the Senate, to provide better regional balance in Canadian government.

NDP

  • Supports guaranteed seats for Quebec: The NDP supports Bill C-14 because it guarantees a minimum of 78 seats for Quebec in the House of Commons, which they see as an important and fundamental principle. This position stems from negotiations with the Liberal government and aligns with the principle of minimum representation for provinces and territories.
  • Need for proportional representation: While supporting the bill, NDP members also advocate for proportional representation to ensure that the composition of the House of Commons accurately reflects the votes cast by Canadians. They point out that proportional representation would result in more NDP members and fewer members from other parties, better aligning with voter preferences.
  • Expand voting rights: The NDP supports lowering the voting age to 16, arguing that young people are already contributing to society and should have a voice in decisions that affect their future. They highlight the bill introduced by the member for Skeena—Bulkley Valley and emphasize the importance of engaging young people in the democratic process.
  • Address democratic deficits: NDP members raised concerns about democratic deficits related to riding size, particularly in rural and northern regions, and the need to ensure fair access to MPs and government services for all citizens. They emphasized the importance of maintaining regional balance and diverse representation in Parliament.

Bloc

  • Bill C-14 inadequate: The Bloc Québécois believes Bill C-14, while seemingly a step in the right direction, ultimately fails to protect Quebec's political weight in the House of Commons, despite guaranteeing a minimum of 78 seats. Members argue that by not addressing the proportion of seats, the bill institutionalizes the minoritization of Quebec.
  • Focus on political weight: The Bloc emphasizes that the number of seats and political weight are not the same, and the bill's focus on preserving a set number of seats without addressing the proportion of Quebec's representation is insufficient. Members propose alternatives like the 'nation clause' to guarantee Quebec 25% of the seats in the House, reflecting its status as a nation.
  • Protecting Quebec's language: Members argue that decreasing Quebec's political weight will diminish its ability to defend the French language and culture. The Bloc accuses the Liberal government of hypocrisy, citing instances where federal members protested Quebec's language laws.
  • Historical perspective: The Bloc emphasizes the importance of historical context in understanding Quebec's unique position and the need to actively defend its political power. Members highlight the ongoing struggle to maintain Quebec's distinct identity and prevent assimilation.

Green

  • Supports the bill: The Green Party supports Bill C-14, finding it to be a reasonable piece of legislation with wide support from many parties.
  • Wants an evergreen bill: The party questions why the bill refers specifically to the 43rd Parliament and suggests creating an evergreen version to avoid repeating the process every 10 years after the census review.
  • Wants additional promises fulfilled: The Green party wants to see the promises made in the Liberal-NDP supply and confidence agreement fulfilled by expanding election day to three days, allowing voting at any polling place within a district, and improving mail-in ballot processes.
  • Proportional representation: The party is disappointed that the bill does not address the need for proportional representation, which would ensure that every vote counts and lead to a more diverse, stable, and collaborative government.
  • Support Bill C-210: The Green Party encourages support for Bill C-210, which proposes reducing the voting age to 16 to engage young people in their future and ingrain good voting habits at a younger age.
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Preserving Provincial Representation in the House of Commons ActGovernment Orders

May 16th, 2022 / 7:40 p.m.

The Deputy Speaker Chris d'Entremont

I declare the motion carried.

Preserving Provincial Representation in the House of Commons ActGovernment Orders

May 16th, 2022 / 7:40 p.m.

Conservative

Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON

Mr. Speaker, I rise on a point of order. The member for Haliburton—Kawartha Lakes—Brock was trying to influence my vote while we were voting, and I could not hear whether or not my vote was recorded as in favour of the motion.

Preserving Provincial Representation in the House of Commons ActGovernment Orders

May 16th, 2022 / 7:40 p.m.

The Deputy Speaker Chris d'Entremont

I thank the member for the clarification.

We have a point of order from the member for Leeds—Grenville—Thousand Islands and Rideau Lakes.

Preserving Provincial Representation in the House of Commons ActGovernment Orders

May 16th, 2022 / 7:40 p.m.

Conservative

Michael Barrett Conservative Leeds—Grenville—Thousand Islands and Rideau Lakes, ON

Mr. Speaker, there was a lot of confusion as the vote happened with respect to the two hon. members, and I seek unanimous consent to change my vote from yes to no so that the member for Haliburton—Kawartha Lakes—Brock can be heard.

Preserving Provincial Representation in the House of Commons ActGovernment Orders

May 16th, 2022 / 7:40 p.m.

Some hon. members

Nay.

Preserving Provincial Representation in the House of Commons ActGovernment Orders

May 16th, 2022 / 7:40 p.m.

Conservative

Damien Kurek Conservative Battle River—Crowfoot, AB

Mr. Speaker, let me simply say that the west wants to be heard, the west wants in and I am so pleased that tonight there was a small representative sample of what that means for the good people of Battle River—Crowfoot.

I rise today to speak to this very important issue, Bill C-14, an act to amend the Constitution Act, 1867—

Preserving Provincial Representation in the House of Commons ActGovernment Orders

May 16th, 2022 / 7:40 p.m.

The Deputy Speaker Chris d'Entremont

The hon. Minister of National Revenue on a point of order.

Preserving Provincial Representation in the House of Commons ActGovernment Orders

May 16th, 2022 / 7:40 p.m.

Liberal

Diane Lebouthillier Liberal Gaspésie—Les-Îles-de-la-Madeleine, QC

Mr. Speaker, I am tabling the government's responses to Order Paper Questions Nos. 447 to 455.

Bill C-14—Notice of Time Allocation MotionPreserving Provincial Representation in the House of Commons ActGovernment Orders

May 16th, 2022 / 7:45 p.m.

Edmonton Centre Alberta

Liberal

Randy Boissonnault LiberalMinister of Tourism and Associate Minister of Finance

Mr. Speaker, an agreement could not be reached under the provisions of Standing Order 78(1) or 78(2) with respect to the second reading stage of Bill C-14, an act to amend the Constitution Act, 1867 (electoral representation).

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 that stage.

The House resumed consideration of the motion that Bill C-14, An Act to amend the Constitution Act, 1867 (electoral representation), be read the second time and referred to a committee.

Preserving Provincial Representation in the House of Commons ActGovernment Orders

May 16th, 2022 / 7:45 p.m.

Conservative

Damien Kurek Conservative Battle River—Crowfoot, AB

Mr. Speaker, I do appreciate this opportunity. As I have made clear to my constituents, I will ensure that their voices are always heard in this place. It is an honour to speak to some of the incredibly important issues pertaining to democracy in our country.

Let me unpack a bit what Bill C-14 is about. When it comes to the process of our constituencies, which is part of the reality of our national democratic system, every 10 years, according to our constitutional framework, a census is taken and a redistribution takes place. This is key. As I share often with my constituents, having a fair, clear, transparent and trusted process is absolutely key to ensure that democracy is protected in Canada. That is at the crux or the foundation of what we are talking about here today.

I will have a fair amount to say about the way Alberta feels, but I want to unpack a few aspects of Bill C-14.

Preserving Provincial Representation in the House of Commons ActGovernment Orders

May 16th, 2022 / 7:45 p.m.

An hon. member

We can give you lots of time.

Preserving Provincial Representation in the House of Commons ActGovernment Orders

May 16th, 2022 / 7:45 p.m.

Conservative

Damien Kurek Conservative Battle River—Crowfoot, AB

Mr. Speaker, I appreciate my colleague from Manitoba for saying that there is lots of time to ensure that I get these things out.

Having a fair, trusted, transparent process is absolutely key, as many of us in this place know and as I share often with constituents. When they ask if they can trust our election system, I say proudly that we can. We need to be diligent to ensure that we do not see an erosion of that trust. That is absolutely key. I can point to various things that the current Liberal government has done over the last number of years that have contributed to an erosion of trust, but we have strength within our democratic system, and it is the distribution of our electoral boundaries that is a key element of that and why Canadians can trust it.

As many of us in this place are aware, the Chief Electoral Officer, in the second half of last year, released a report. As mandated through the Elections Act, he makes a recommendation to Parliament based on the relevant sections of the Constitution Act, 1867, formerly referred to as the British North America Act prior to the repatriation of 1982.

The Chief Electoral Officer is tasked with ensuring that the fundamental principles of representation by population within the House of Commons are respected. As many of us in this place, politicos across the country, observers, those involved in politics and interested Canadians would have noted, the Chief Electoral Officer provided a report based on the most recent census information to ensure that adjustments were made so that this place accurately reflects the population changes that take place within our country.

I come from a province that has had, over its history, significant growth. It has been a little over a century since Alberta became a province, and it was once a largely unpopulated region. Of course, we have our indigenous history and there were settlers and whatnot, but it has grown significantly to the point that Alberta's population is now more than four and a half million. Because Alberta has had a significant growth in population, it is key that representation by population be reflected within its representation in this place.

When the Chief Electoral Officer released the report this past year, it started that process to address “inequities”, which I say specifically, to ensure that the people of Alberta have representation within this place. Specifically, the recommendation was that Alberta should get three additional seats. Two other provinces also experienced population growth that was higher than the national average and were given an additional seat, and the Chief Electoral Officer recommended that Quebec lose one seat.

I understand the feeling of concern that my friends and colleagues, within this party and other parties, have when it comes to our voices not being heard and to reduced representation. I know that members of the Conservative caucus, when an opposition motion was brought forward by the Bloc Québécois, had outlined opposition to Quebec losing a seat. There was, I believe, an almost even split when it comes to how the Conservative caucus felt on that matter.

As a side note, the fact that there are those divides within the Conservative caucus speaks to how democracy is truly represented well within the Conservative Party of Canada. We disagree on things. In fact, as I reflect over my now close to two and a half years since being elected, a lot of issues come up, whether they relate to issues of the day or policy, that Conservatives will not necessarily clearly agree on. We agree on lots of the big-picture stuff; that is why we are Conservatives, but we may disagree on aspects of it, and that is okay. I note that it is concerning to me that other parties within this place seem to be unable to express those differences. They look at that disagreement as a weakness, but I would suggest, certainly given the feedback that I hear from Canadians, that it is in fact a strength.

The debate on that motion took place, and the Conservatives, endeavouring to show leadership on the national stage, moved a motion to address concerns. The Leader of the Opposition voted in favour of the Bloc motion because of the dynamics associated with the province of Manitoba, which she represents, and the concern that if a precedent were set, rural areas or smaller provinces may at some point lose representation.

I understand how that can be a concern. I live in a very fast-growing and populous province, and I am proud of that, but I do live in a rural region. The largest community in my constituency has about 18,000 people. Then it is down to 10,000, a couple with around 5,000 and then more than 60 self-governing municipalities ranging in size from 132 people up to 18,000.

Since the agricultural revolution, there has been a trend toward urbanization. The concern I hear often is about the divide that exists when it comes to ensuring that rural Canada, rural Alberta and the region I specifically represent still have a voice and the ability to be heard so that our democracy is responsive to the realities that exist in a jurisdiction where there may be some stagnation of growth.

As we are now faced with Bill C-14, I note that the Conservative compromise is basically what the Liberals have moved forward in Bill C-14. I further note that this speaks to the maturity, ability and competence represented within Canada's official opposition.

Bill C-14, very simply, would amend the floor for the minimum number of seats that a province would have within our electoral system. It was set in the 1988 census, if my memory holds true, and is current up until this point. Until the bill is passed, this is the current floor, and in most provinces that looks a little different, including Quebec. The bill would basically change the floor from the current status quo.

Conservatives proposed that compromise because it got to the heart of the matter in ensuring that there would not be that feeling of disenfranchisement in jurisdictions that may not be as fast-growing, while also respecting the fact that representation by population is a key and foundational part of Canada's democratic infrastructure.

I would be remiss if I did not engage in the very relevant conversation of democratic reform within this place. When I look at our nation's history, I see the fathers of Confederation, those who laid the foundation and framework for what our country is today, very clearly and in the first lines of what is now known as the Constitution Act, 1867, but was then known as the British North America Act. When Canada became a nation, on July 1, 1867, the constitutional framework very clearly said it would be a government similar in construct to that of the British government, with the Westminster system of Parliament.

Now, it went on to acknowledge something that is very important, and that is the regional realities within Canada. In 1867, there were four provinces in the federation, which had a very different regional reality than we face today, as our country has grown significantly. However, that regional reality does exist.

My submission here today, and certainly what I hear often from constituents, is the fact that we have inequity in our democratic infrastructure, which includes the House of Commons, the House of the common people, which is similar in construct to that of the United Kingdom. Its representation is by population. The key balance to that is ensuring that there is a regional counterweight, so to speak. Unfortunately, that has not evolved as our country has grown.

My submission today is that, as we talk about the need for democratic reform and this specific amendment to the Constitution to address some of the feelings of alienation, which Alberta certainly knows well, we have to be willing to have the conversation to address the inequity that exists in the other place, Canada's Senate. It is based on and is similar in construct and procedure to the House of Lords in the United Kingdom, but its members are appointed through a somewhat different mechanism, with that regional representation.

In Canada's early days, there was more of that regional balance. However, it has not kept up. Alberta has six senators when the province of Ontario and the province of Quebec both have 24. I bring that up because that does not truly represent regional balance.

Alberta, specifically, is under-represented in this place, when one does the math on the number of people. Even after these changes are implemented, and there is the addition of three seats, after whenever Parliament considers and presumably implements the changes associated with the electoral boundaries commissions across Canada, Alberta will remain somewhat under-represented, although it would take a step in the right direction with three additional seats for our province.

I know the Liberals are quick to dismiss this, which I hear about so often. I know I had a take-note debate when one of the parliamentary secretaries, who happened to represent a riding from the greater Toronto area, was unfortunately dismissive of the concerns related to why Senate reform is so very important. If there was that fair regional balance, it would be very easy for those regions of our country that are less populated, and that have unique regional dynamics, to have that clear representation in a place that has, in most capacities, other than the ability to introduce bills of spending, the exact same authority as the House of Commons. That piece is missing.

As I have mentioned, I hear from constituents who are feeling that concept of western alienation in Alberta. It is a real thing. Any of the Liberal-NDP members or otherwise who dismiss that, do so at their own peril, because Albertans have expressed to me, and not just to me but to many other colleagues from Alberta and across the country, that they understand it as a very real concern, so to be willing to have that conversation is absolutely fundamental.

I would further note that there are some incredible people who serve and have served in Canada's Senate, and I am proud to sit in a caucus with a number of them. However, I hear quite often that, as the Prime Minister has promised to fix the process, Albertans have said very clearly that they do not want to participate. I say that because Alberta elects its senators, which has been dismissed by members of the government. I bring that up in this debate because it is part of the process of ensuring that democracy is responsive. I fully respect that not every province may want an elected Senate, but I would think that the very minimum level of respect that should be offered to a jurisdiction such as the province of Alberta would be for the leader of the country to respect the fact that we have chosen to do things a little differently.

In the case of Alberta, in coordination with either a provincial or municipal election, we elect senators in waiting. There are currently three of them, and they were elected just this past October. They ran in campaigns and made their case to the people of Alberta, who got to choose. That is key. Democracy worked.

Unfortunately, the Prime Minister and the government have refused to acknowledge both the validity of those elections and their importance. They will say they fixed the process. They blame Stephen Harper and suggest that somehow Albertans simply need to be educated on these matters. There is a very clear precedent, set not just by Stephen Harper, but by a number of prime ministers, that shows this process actually works. It is the minimum level of respect that should be offered to the province of Alberta.

I would simply note this: When I have asked questions about this in question period, the members opposite have suggested that somehow the Prime Minister's process is superior. I will not go into an explanation at length as to why I would suggest that is patently false, but what I would share with members today is that the best system, the best formula, is always democracy and the people making the choices. I will also note for the record, as I am sure many Canadians are watching, that at least two of the senators in waiting have filed their paperwork through the Prime Minister's transparent process, and I say “transparent” sarcastically. It is key that respect be offered to the province of Alberta.

As we debate and have the conversation around Bill C-14 and the specific reasons why the debate is important, which I hope I have been able to outline adequately for the House, we need to be willing to ensure that our democratic infrastructure in this country is preserved. This is certainly a unique position, having the confidence of members of this place to be heard. I appreciate that affirmation as, since I was first elected, I have assured the people of Battle River—Crowfoot that I would be heard in this place.

I would note that it was the Prime Minister, the leader of the Liberal Party, the leader of the NDP and the coalition partnership, who chose to vote against me being heard. I think my views on the Liberals and the NDP are quite well known. I would suggest that speaks to how I am affirmed in my need, my desire and the confidence of the people of Battle River—Crowfoot to continue being heard in this place in whatever way possible to ensure that the interests of east central Alberta are heard within the House of Commons.

Preserving Provincial Representation in the House of Commons ActGovernment Orders

May 16th, 2022 / 8:05 p.m.

Bloc

Martin Champoux Bloc Drummond, QC

Madam Speaker, I congratulate my colleague from Battle River—Crowfoot on his speech. I am not disappointed at having voted in favour of the motion so that he could be heard.

Let me draw a parallel between Bill C‑14, which we are debating this evening, and Bill C‑246, which I recently introduced in the House of Commons. There is a link, a parallel between the two bills. Bill C‑14 obviously stems from the Bloc Québécois bill that I introduced regarding Quebec's political weight within Canada.

My colleague voted against the March 2 motion moved by the Bloc, which said more or less the same thing as our bill. The goal is to recognize that Quebec is a nation and that, as a nation, it must be given the tools to be able to properly represent itself for as long as it chooses to be part of this Parliament.

Does my colleague agree that Quebec is a nation and that, notwithstanding the inequities, injustices or inequalities there may be between the provinces, Quebec should have the tools to protect its unique identity?

Preserving Provincial Representation in the House of Commons ActGovernment Orders

May 16th, 2022 / 8:05 p.m.

Conservative

Damien Kurek Conservative Battle River—Crowfoot, AB

Madam Speaker, I appreciate the member from the Bloc and his confidence in the vote that was had.

We disagree on the future of our country. I have been asked many times by Albertans whether I support Alberta remaining a part of this country, and I often share that I do. I believe that one can be a proud Albertan and a proud Canadian, but the fact that those questions are being asked speaks to the failures of a Liberal government that has left Canada more divided than ever.

Notwithstanding the disagreements I have with the Bloc, I do understand and appreciate the need for regional autonomy. The provinces would have the tools they need to do what is best for the regions they represent, to ensure that there is fair representation, to ensure that there is that regional balance, and to ensure, and this is important, that Ottawa gets out of the way of provinces. The streets and office towers in our national capital city should not be dictating the very specific intricacies of how our provinces are run, and I would suggest that this significant overreach is a huge part of why there is huge frustration in both of our provinces.