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 often publishes better independent summaries.

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 the Library of Parliament. You can also read the full text of the bill.

Votes

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

Preserving Provincial Representation in the House of Commons ActGovernment Orders

May 16th, 2022 / 8:30 p.m.
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NDP

Rachel Blaney NDP North Island—Powell River, BC

Madam Speaker, I agree that there are multiple challenges. There are seven ferries in my riding and a lot of areas to cover. It is a great honour for me to do that work. It does mean that I spend a lot of time on the phone or travelling to speak with constituents.

I represent 11 municipalities, over 20 indigenous communities and four regional districts within all of that. It takes up a lot of time, but I have to say that the communities in my riding are extremely effective at bringing issues that matter most to them to my attention.

As we move through this, we have to look at how our democracy works, depending on whether it is for a large rural riding or a smaller urban riding. Both have specific challenges. I think of the member for Nunavut. Although her riding has a small population, it is such a vast area that she has to travel across to spend time with her constituents.

All of us have challenges. It behooves all of us to listen to one another about what those challenges are and make sure that our democracy is reflective of the needs of our constituents. We are all here to serve the people of our ridings. It is important to make sure that their voices are heard. I will continue to do that.

Preserving Provincial Representation in the House of Commons ActGovernment Orders

May 16th, 2022 / 8:30 p.m.
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NDP

Jenny Kwan NDP Vancouver East, BC

Madam Speaker, the cornerstone of our democracy rests in people's ability to vote. We have heard from constituents over and over again. In particular, in my riding of Vancouver East, my constituents have consistently told me that they want to see a democratic system where every vote counts.

Prior to the 2015 election, the Prime Minister promised Canadians that would be the last first-past-the-post election that we would have. Of course, when the Liberals formed government, that was all but forgotten, even though the House had engaged in extensive work with regard to proportional representation.

I would like to ask the member for her thoughts about that. When the Prime Minister reneges on a promise like that, is the Prime Minister telling Canadians that they cannot trust what he promises? What damage does that do to our democratic system?

Preserving Provincial Representation in the House of Commons ActGovernment Orders

May 16th, 2022 / 8:30 p.m.
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NDP

Rachel Blaney NDP North Island—Powell River, BC

Madam Speaker, that is an important question. My response is it does break down those opportunities for connection with leadership. People want promises to be followed through on. It was most disheartening for me because of the amount of work that the committee did. It was a significant report.

I really hope that all Canadians take an opportunity to at least read the recommendations. The report talked about the next steps that need to be taken. The minister of the day treated it as if it was too complex and that it did not do what it said it did, which I completely disagree with. These are important things.

We have to follow through on our commitments. We have to let Canadians have a voice in that process. A promise was made, but the promise was not kept. Even the process of how that was laid out was absolutely flawed. It does breed cynicism, which can make all of our jobs much more difficult.

Preserving Provincial Representation in the House of Commons ActGovernment Orders

May 16th, 2022 / 8:35 p.m.
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Conservative

John Brassard Conservative Barrie—Innisfil, ON

Madam Speaker, I really enjoy working with the hon. member in the time that we have been here, since 2015.

I want to pick up on a point that the hon. member made. I recall when the electoral reform committee was constituted, there was a tremendous amount of work that went into it. The member for Lanark—Frontenac—Kingston was on that committee.

There were recommendations that all of the opposition parties agreed to, not the least of which was to recommend the idea of proportional representation, but again, bring it to Canadians in a referendum.

There can be an argument made as to where we go. I understand that the NDP is in favour of a citizens' assembly, but would she not agree with me and reaffirm that a promise was not kept by the Prime Minister? He did not get his preferred choice of voting, which would have been a ranked system, but more so, the issue of proportional representation, bringing it to Canadians and letting them decide on what type of voting system should be enacted is important.

Preserving Provincial Representation in the House of Commons ActGovernment Orders

May 16th, 2022 / 8:35 p.m.
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NDP

Rachel Blaney NDP North Island—Powell River, BC

Madam Speaker, I have enjoyed my time working with the member on different committees and in different roles. That is something all of us as members of Parliament should spend time talking about, how we work collectively across different party lines on things that matter to our constituents.

I agree that we need to have a process. I do believe in a citizens' assembly, because it is those kinds of conversations that allow people to grow in their knowledge and wisdom on these issues. I know that a proportional system is very different from the current system of first past the post. I believe that we do need to have an education component to that, so that people can ask those hard questions and work out through the process what might be the best system that serves our country.

I definitely have an opinion on that, but it is so important to have citizens doing that work. It is an important piece to take it out of the political realm. There is something to be said for having the communities make those decisions to come forward with recommendations and have politicians definitely listen to them. I look forward to continuing to work on that with the Conservative Party.

Preserving Provincial Representation in the House of Commons ActGovernment Orders

May 16th, 2022 / 8:35 p.m.
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Conservative

Tom Kmiec Conservative Calgary Shepard, AB

Madam Speaker, I rise on a point of order. Pursuant to Standing Order 62, I move:

That the hon. member for South Shore—St. Margarets be now heard.

Preserving Provincial Representation in the House of Commons ActGovernment Orders

May 16th, 2022 / 8:35 p.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

The question is on the motion.

If a member of a recognized party present in the House wishes to request a recorded division or that the motion be adopted on division, I would invite them to rise and indicate it to the Chair.

Preserving Provincial Representation in the House of Commons ActGovernment Orders

May 16th, 2022 / 8:35 p.m.
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Conservative

Tom Kmiec Conservative Calgary Shepard, AB

On behalf of the official opposition, I ask for a recorded division.

Preserving Provincial Representation in the House of Commons ActGovernment Orders

May 16th, 2022 / 8:35 p.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

Call in the members.

(The House divided on the motion, which was negatived on the following division:)

Vote #94

Preserving Provincial Representation in the House of Commons ActGovernment Orders

May 16th, 2022 / 9:20 p.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

I declare the motion defeated.

The hon. minister is rising on a point of order.

Preserving Provincial Representation in the House of Commons ActGovernment Orders

May 16th, 2022 / 9:20 p.m.
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Edmonton Centre Alberta

Liberal

Randy Boissonnault LiberalMinister of Tourism and Associate Minister of Finance

Madam Speaker, I move:

That the House do now adjourn.

Preserving Provincial Representation in the House of Commons ActGovernment Orders

May 16th, 2022 / 9:20 p.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

Pursuant to order made Monday, May 2, the motion is deemed adopted.

Accordingly, this House stands adjourned until 10 a.m. tomorrow morning, pursuant to Standing Order 24(1).

(The House adjourned at 9:24 p.m.)

The House resumed from May 16 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 18th, 2022 / 5:10 p.m.
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Conservative

Mel Arnold Conservative North Okanagan—Shuswap, BC

Madam Speaker, it is an honour to rise in the House as the representative of the good people of North Okanagan—Shuswap, as always. Finally, after three days of delay, I get to speak to Bill C-14.

Today, I rise to speak to Bill C-14, an act to amend section 51 of the Constitution Act, 1867. The bill before us today proposes measures to ensure that a province will not have fewer members assigned to it than were assigned during the 43rd Parliament. This proposal is not without precedent. There have been times when the House has agreed to adjust its system of redistribution to ensure that provinces do not lose seats in redistribution, and this is the essence of the legislation we are assessing today.

It is not the first time the House has debated this long-standing question: What are the objectives and factors for adjusting or creating federal electoral districts? In 1991, the Supreme Court of Canada examined the question, precipitated by a redistribution process in Saskatchewan for adjusting electoral boundaries. In its conclusions, the Supreme Court stated:

The content of the Charter right to vote is to be determined in a broad and purposive way, having regard to historical and social context. The broader philosophy underlying the historical development of the right to vote must be sought and practical considerations, such as social and physical geography, must be borne in mind.

The court highlighted the ideal of a “free and democratic society” upon which the charter is founded. The Supreme Court also wrote, “The purpose of the right to vote enshrined in s. 3 of the Charter is not equality of voting power per se but the right to ‘effective representation’. The right to vote therefore comprises many factors, of which equity is but one.”

Basing voting power or parity on mathematical calculations of populations is important, but these are not the only factors for the House to consider.

On June 1, 1872, 150 years ago, the House was debating factors for proposed adjustments to representation in the House of Commons, and Prime Minister John A. Macdonald told the House, “while the principle of population was considered to a very great extent, other considerations were also held to have weight; so that different interests, classes and localities should be fairly represented, that the principle of numbers should not be the only one.”

In the 1991 Saskatchewan case, the Supreme Court further explained reasons why parity of voting power, though of prime importance, is not the only factor to consider in ensuring effective representation. In 1991, the Supreme Court wrote:

Notwithstanding the fact that the value of a citizen's vote should not be unduly diluted, it is a practical fact that effective representation often cannot be achieved without taking into account countervailing factors.

First, absolute parity is impossible. It is impossible to draw boundary lines which guarantee exactly the same number of voters in each district. Voters die, voters move. Even with the aid of frequent censuses, voter parity is impossible.

Secondly, such relative parity as may be possible of achievement may prove undesirable because it has the effect of detracting from the primary goal of effective representation.

As we examine this bill's legislative proposals for our system of redistribution and determining representation provided to each province, I would like to reflect on effective representation. What did the Supreme Court mean when it wrote, “The purpose of the right to vote enshrined in s. 3 of the Charter is not equality of voting power per se but the right to ‘effective representation’”?

The court provided some answers to this question in 1991, when it stated:

Factors like geography, community history, community interests and minority representation may need to be taken into account to ensure that our legislative assemblies effectively represent the diversity of our social mosaic. These are but examples of considerations which may justify departure from absolute voter parity in the pursuit of more effective representation; the list is not closed.

When I reflect on this statement from the court, I see the court highlighting the importance of social fabric and the threads of culture, history, geography and identities interwoven in social fabrics of specific communities, regions and constituencies. I agree that these factors must be considered as constituencies are created or redistributed and as the boundaries of electoral districts are redrawn. Whether we are talking about political boundaries or boundaries such as those the government is drawing on our oceans in a desperate effort to deliver campaign promises, we must reflect on what the purpose is of drawing lines and what the realities are of the societies or waters that we draw lines through.

While the Supreme Court stated in 1991 that the determination of political representation and adjustment of electoral boundaries should support the pursuit of “effective representation”, I believe there are some important points to be made today, in 2022, regarding effective representation.

Canadians depend on us, their elected representatives, to function in the House as their voices, their advocates and their representatives. Effective representation, I believe, is dependent on each of us being open to the Canadians we represent so that we can understand and advocate for their ever-evolving needs and priorities. That is what each of us as individual members can do to support effective representation and the Canadians who depend on us to do so.

However, and I hope members on all sides agree with me on this point, our ability to deliver effective representation to Canadians is severely hampered when Parliament is shuttered and the House of Commons sits silent in adjournment.

Last year, in 2021, the House sat for just 95 days. In 2020, the House sat for 86 days. Yes, in 2020, the House's operation was hampered by the arrival of the pandemic. Yes, in 2021, the Prime Minister chose to trigger an unnecessary election and then delayed the return of Parliament for nine weeks. At a time of unprecedented crisis, the Prime Minister chose to shutter one platform that we all need to deliver effective representation to Canadians.

It is clear why the House was reduced in its function as a forum for effective representation in 2020 and 2021. However, the same cannot be said for 2019, when the House sat for a mere 75 days, even fewer days than in 2020 and 2021. To put things in a historical perspective, from 1945 to 1975, the House sat an average of 138 days each year. From 1975 to 2015, the House sat for an average of 123 days each year.

As we assess the legislation before us today, I hope all members can reflect on the objective that I hope we all share: the goal of providing effective representation for all Canadians. Let us also reflect on the essential role the House plays in facilitating effective representation by providing representatives the forum in which to represent.

It is not enough to champion effective representation only in today's debate; we must pursue it every day. While the House was shuttered, I used my time to connect with constituents and hear their concerns in order to be more effective when Parliament resumed sitting. Let us never sit idly by while the Prime Minister shutters the House, which we need for doing our jobs.