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

April 7th, 2022 / 11:05 a.m.

Conservative

Tom Kmiec Conservative Calgary Shepard, AB

Madam Speaker, I thank the member for his question.

As a francophile from Alberta, my answer to his question would be no, because our country's population is represented proportionally. I remind him that there was a referendum in 1992 and that Canadians voted against this. Furthermore, 58% of Quebeckers voted against the Charlottetown accord, even though it contained this provision to allocate 25% of the seats to the province of Quebec.

We are a bicultural country with two official languages, French and English, and I think that the demographic weight is protected in this legislation.

Preserving Provincial Representation in the House of Commons ActGovernment Orders

April 7th, 2022 / 11:10 a.m.

NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Madam Speaker, I am rather surprised to hear that someone read the speeches members gave 10 years ago to find out what people thought of the legislative review.

I disagree with what my colleague said about how the system is based exclusively on the proportional representation of the population, because our system functions by exception, with those exceptions being the senatorial clause, the territorial clause for the three northern territories, and the grandfather clause for certain provinces.

Why then do we not come up with a clause to recognize the weight of the Quebec nation in Parliament? Why is my colleague dismissing that idea out of hand when his government is the one that passed a motion in the House to recognize Quebec as a nation?

Preserving Provincial Representation in the House of Commons ActGovernment Orders

April 7th, 2022 / 11:10 a.m.

Conservative

Tom Kmiec Conservative Calgary Shepard, AB

Madam Speaker, I would like to thank the government member for his question. I simply want to remind him that I am not the one who said that. Fifty-eight percent of Quebeckers voted against that in the referendum on the Charlottetown accord in 1992.

Preserving Provincial Representation in the House of Commons ActGovernment Orders

April 7th, 2022 / 11:10 a.m.

Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Madam Speaker, I want to thank my hon. colleague from Calgary Shepard for the incredible work he has done. It is not a surprise, as he is somebody who dives right into whatever file he has.

I have a question for him, and I apologize if it was already brought up, as I am doing my House duty from the beautiful riding of Cariboo—Prince George.

Does this bill respect the constitutional right to representation by population? I am in one of the largest ridings, at 84,000 square kilometres, and I am proud to represent this riding. I would like to hear my hon. colleague's comment on that.

Preserving Provincial Representation in the House of Commons ActGovernment Orders

April 7th, 2022 / 11:10 a.m.

Conservative

Tom Kmiec Conservative Calgary Shepard, AB

Madam Speaker, yes, I believe this is entirely constitutional. It preserves the idea of effective representation in our country, and it kind of looks to the past this time. It takes the representation formula of 2011 to its logical conclusion, which is basically an increase of 34 seats and preserving one seat for a single province that is about to lose one. The total number of seats the Harper legacy added to this chamber will be 35 in the end. It is entirely constitutional.

Again, a banking of seats would be done in Bill C-14, with the addition of seats so we can get closer to representation by population, which is a philosophical ideal that we should adhere to. The Supreme Court said “effective representation”, and that would be preserved through the electoral boundaries commission process.

Preserving Provincial Representation in the House of Commons ActGovernment Orders

April 7th, 2022 / 11:10 a.m.

Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, I appreciated the comments made by the member with regard to the differentiation between urban and rural, because there is a significant difference in the type of representation there.

I am wondering if the member can expand on this. Is he trying to say between the lines that it should be a smaller percentage of population in rural areas than in the bigger urban areas? Is that what he is trying to indirectly imply?

Preserving Provincial Representation in the House of Commons ActGovernment Orders

April 7th, 2022 / 11:10 a.m.

Conservative

Tom Kmiec Conservative Calgary Shepard, AB

Madam Speaker, there is already a rule that the boundaries commission uses. It can either increase by 25% or decrease by 25% when it is making the final determination on what the map should look like.

I will raise this interesting point. Many of my rural colleagues have schools in their ridings. I did not have a high school in my riding until just a few years ago, which would be shocking for most people to realize. I now have one high school in my entire riding of 170,000-plus constituents, residents, who live there, but I know that my colleagues in the rural regions sometimes have four, five, six or seven high schools because they happen to represent several municipalities where they have regional feeder schools, basically. Others will have perhaps five, six or seven legion halls. I do not have a single legion hall in my entire riding. I had one that closed down before I even became a member of Parliament.

I also only have one cenotaph in my riding. I have seen the schedules for some members on Remembrance Day, and they have two or three days of Remembrance Day ceremonies to go to as they travel their entire ridings to make sure they attend as many of these cenotaph Remembrance Day memorials as they can. That is one way to talk about effective representation.

Preserving Provincial Representation in the House of Commons ActGovernment Orders

April 7th, 2022 / 11:15 a.m.

Bloc

Denis Trudel Bloc Longueuil—Saint-Hubert, QC

Madam Speaker, from what I gather, my colleague agrees with this motion. That is obvious since Alberta is getting four seats. I guess I would be happy too if Quebec were getting four more seats.

Preserving Provincial Representation in the House of Commons ActGovernment Orders

April 7th, 2022 / 11:15 a.m.

Some hon. members

It is three seats.

Preserving Provincial Representation in the House of Commons ActGovernment Orders

April 7th, 2022 / 11:15 a.m.

Bloc

Denis Trudel Bloc Longueuil—Saint-Hubert, QC

It does not really matter whether it is three or four. It is still more seats.

We are going to remain at 78 seats. Let us be frank. This bill reduces Quebec's political weight. I would appreciate it if my colleague from Victoriaville would let me—

Preserving Provincial Representation in the House of Commons ActGovernment Orders

April 7th, 2022 / 11:15 a.m.

The Assistant Deputy Speaker Carol Hughes

Order. I see that some members who do not have the floor have decided to join in the discussion, but I would ask them to wait their turn.

The hon. member for Longueuil–Saint-Hubert may ask a quick question.

Preserving Provincial Representation in the House of Commons ActGovernment Orders

April 7th, 2022 / 11:15 a.m.

Bloc

Denis Trudel Bloc Longueuil—Saint-Hubert, QC

Madam Speaker, in 2010 the Conservatives introduced a bill that diminished Quebec's political weight. The National Assembly, which at that time included the very Liberal former premier Jean Charest, unanimously adopted the following motion:

That the National Assembly reaffirms that Québec, as a nation, must be able to enjoy special protection for the weight of its representation in the House of Commons;

That the National Assembly asks the elected Members from all political parties [in Ottawa] to abandon the passage of any bill whose effect would be to diminish the weight of the representation of Québec in the House of Commons.

I would like to hear my colleague's thoughts on that.

Preserving Provincial Representation in the House of Commons ActGovernment Orders

April 7th, 2022 / 11:15 a.m.

Conservative

Tom Kmiec Conservative Calgary Shepard, AB

Madam Speaker, I wish I could provide a much longer response, but I do not have enough time.

This was done by Stephen Harper's government in 2011. It added the representation rule that applies to any province that would lose seats in the House. The rule applied only to the province of Quebec.

As a result, Quebec received three additional seats in Parliament after 2011, so I think the demographic and political weight was maintained in 2011.

Preserving Provincial Representation in the House of Commons ActGovernment Orders

April 7th, 2022 / 11:15 a.m.

NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Madam Speaker, before I begin, I would seek the consent of the House to share my time.

Preserving Provincial Representation in the House of Commons ActGovernment Orders

April 7th, 2022 / 11:15 a.m.

The Assistant Deputy Speaker Carol Hughes

Does the hon. member have unanimous consent to split his time?