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 18th, 2022 / 5:50 p.m.
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Conservative

Rick Perkins Conservative South Shore—St. Margarets, NS

Madam Speaker, it was a ruling with regard to redistribution that was done in the province of Saskatchewan. It was challenging the way the makeup of that redistribution was done, and whether or not it was truly reflecting representation through population or a demographic approach. It went all the way to the Supreme Court.

The Supreme Court looked back at the history of what we had done since Confederation, and the variations of the constitutional amendments that we made. It then said that, because of the geography in our original intent, in a country as large as Canada at that time and certainly today with a sparse population, we had to bring other issues into play, such as communities that had similar perspectives.

For example, in my riding, Shelburne County, Queens County and Lunenburg County are all known as the South Shore, and have been for about 270 years. There is a history behind the British settlement that is reflected in the values and makes it easier for whoever represents my riding, or the member's riding, for example. Having a community interest allows the member of Parliament to reflect those views a little more easily than if we had diametrically opposed views. The Supreme Court said we have to take—

Preserving Provincial Representation in the House of Commons ActGovernment Orders

May 18th, 2022 / 5:50 p.m.
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Liberal

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Liberal Alexandra Mendes

We have to give other opportunities for questions.

Questions and comments, the hon. member for Courtenay—Alberni.

Preserving Provincial Representation in the House of Commons ActGovernment Orders

May 18th, 2022 / 5:50 p.m.
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NDP

Gord Johns NDP Courtenay—Alberni, BC

Madam Speaker, I really love my colleague's riding and enjoy talking to him about protecting wild salmon and of course the lobster stocks in his riding. However, today we are talking about a very important issue. We know the bill is not perfect. I am glad to hear that my Conservative colleague is going to be supporting the bill, because we certainly wanted to see the bill come forward as part of the supply agreement with the Liberals.

There is still more work that needs to be done. The bill is not perfect. Does my colleague agree that we need to work harder together not only to safeguard the number of seats in Quebec, but also the proportion of seats in Quebec, as well?

Preserving Provincial Representation in the House of Commons ActGovernment Orders

May 18th, 2022 / 5:50 p.m.
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Conservative

Rick Perkins Conservative South Shore—St. Margarets, NS

Madam Speaker, I thank my hon. colleague and note that his parliamentary assistant is from my riding, so I know he has a great attachment to it, even with family.

With regard to protecting proportions, as I went through in my speech, we see that Nova Scotia has dropped from 21 to 11 seats over the course of Confederation. If we had frozen in time Nova Scotia's proportion of seats at that, I think there would be a lot of members here today who would think that was unfair relative to the way the population has grown.

I do not think it is fair to set a percentage for any particular province on the number of seats it should have that would bind us totally in the future, because we see, over 100 years, the way the population shifts. We try to reflect that as best we can. We have as close as possible the quality of vote while still reflecting the fact that we see now, and will see in the next 100 years, more demographic shifts that will change the weight or influence. It would overweight Nova Scotia's seats if we were still at 21 and Quebec, for example, was at 78.

Preserving Provincial Representation in the House of Commons ActGovernment Orders

May 18th, 2022 / 5:55 p.m.
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Bloc

Maxime Blanchette-Joncas Bloc Rimouski-Neigette—Témiscouata—Les Basques, QC

Madam Speaker, I listened carefully to my colleague's speech. I think we can all agree with some of the things he said, including, of course, maintaining the number of seats in Quebec.

However, I would like to draw his attention to the concept of political weight, that is, the percentage of seats among all other seats in Canada. This was ably explained by my colleague from Avignon—La Mitis—Matane—Matapédia.

Several members in the House have obviously recognized the Quebec nation. I know that there have already been similar challenges for Nova Scotia's Acadian community and that new proposals have been made to create new ridings for the Acadian community. Certain groups in the community have obtained recognition of their specific characteristics.

That is what we are asking for in the House today and with the Bloc Québécois proposals. We are asking for recognition and respect for the Quebec nation, as well as assurances that we—

Preserving Provincial Representation in the House of Commons ActGovernment Orders

May 18th, 2022 / 5:55 p.m.
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Liberal

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Liberal Alexandra Mendes

I am sorry to interrupt the hon. member, but I have to give the other member an opportunity to respond.

The hon. member for South Shore—St. Margarets for about 15 seconds.

Preserving Provincial Representation in the House of Commons ActGovernment Orders

May 18th, 2022 / 5:55 p.m.
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Conservative

Rick Perkins Conservative South Shore—St. Margarets, NS

Madam Speaker, I know that Quebec and the Bloc Québécois had an opportunity, with the Charlottetown Accord, to enshrine a set percentage of 25% of the seats to Quebec in the Constitution. That was an option for the country. Quebec voted 58% against the Charlottetown Accord in the referendum, and I believe the Bloc Québécois at the time campaigned against the Charlottetown Accord, which enshrined 25%. I find it a little confusing that the Bloc now is asking for something in this legislation that the members actually opposed in terms of how they voted and what they campaigned on in 1992.

Preserving Provincial Representation in the House of Commons ActGovernment Orders

May 18th, 2022 / 5:55 p.m.
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Outremont Québec

Liberal

Rachel Bendayan LiberalParliamentary Secretary to the Minister of Tourism and Associate Minister of Finance

Madam Speaker, I am pleased to rise in the House to debate Bill C‑14, which seeks to amend the Constitution Act of 1867 for a very simple purpose: to ensure that no province will have fewer seats than it had in 2021. As a member from Quebec, I want to be sure Quebec will not lose a single seat, which is what Canada's Chief Electoral Officer, the CEO, proposed initially.

As my colleagues are well aware, on October 15, the CEO released a proposal for a new House of Commons seat allocation. The process involved no decisions or discretionary power on the part of the CEO. The seat allocation formula is found in the Constitution Act of 1867. The CEO simply followed the four-step procedure.

I would like to take this opportunity to explain the procedure in detail and talk about the proposed change in our bill.

Step one is to determine the initial provincial seat allocation. To do so, the CEO looks at population estimates provided by Canada's chief statistician. The numbers that apply in this case are from the July 1, 2021, population estimates. The CEO compares these estimates to the previous estimates from 2011. This comparison tells us the average demographic growth across the country.

Then, the population of each province is divided by the new electoral quotient, which provides the initial provincial seat allocation. Calculations at this stage are based solely on total population and demographic change in the provinces to determine proportional seat allocation. This step results in variations in the number of seats. These entirely mathematical variations have caused a number of problems, which is why the second step protects the provinces' minimum number of seats.

First of all, the senatorial clause, which has been in place since 1915, ensures that provinces do not have fewer seats in the House of Commons than they have in the Senate. Accordingly, provinces that received fewer seats in the initial allocation, such as New Brunswick and Prince Edward Island, were given additional seats. Over time, it was considered necessary to further strengthen these protections.

That is why Parliament introduced the grandfather clause in 1985, which today prevents provinces from having fewer seats than they had in 1985. Much like the senatorial clause, provinces that receive fewer seats than they had in 1985 are given additional seats. Under this grandfather clause from 1985, Quebec is guaranteed 75 seats. While at the first stage Quebec received 71 seats, the grandfather clause gives it four additional seats, for a total of 75.

This is what brings me to rise and address the House today. Our government is proposing a small but very important update to the grandfather clause. Bill C-14 seeks to amend this part of the Constitution Act of 1867 so that the threshold in the grandfather clause is changed to be based on the 2021 distribution instead of the 1985 one. It is a thoughtful and targeted proposal that will guarantee that no province will have fewer seats than it had in 2021. This means that Quebec will not lose a single seat in this or any future redistribution.

The third step in the formula is the representation rule, which applies to a province whose population was overrepresented in the House of Commons at the completion of the previous redistribution process, but which becomes under-represented following the above calculations. This clause ensures that the share of seats allocated to a province in this situation remains equal to or greater than its share of the Canadian population.

It is absolutely vital that the debates in the House reflect the cultural and linguistic diversity of our country in both content and language. I am proud to repeat, whenever I have the opportunity, that Quebec is a nation within a united Canada. We must ensure that this nation that co-founded our federation continues to have a strong voice in the House, here in Ottawa. Whether through the 35 Liberal MPs from Quebec, the 32 Bloc Québécois members, the 10 Quebec Conservatives or our one Quebec NDP colleague, both Quebec and Canada as a whole will benefit from the contributions of our Quebec delegation in the House.

I say to my esteemed colleagues that our government is committed to recognizing and protecting Quebec as a nation. It is vital that our country preserve our Quebec culture and our French language, and that involves protecting Quebec's representation in all our institutions, including, of course, the House of Commons. Our Bill C-14 does exactly that.

For Quebec, this means that it would retain 78 seats instead of 77. For the other provinces, this gives them a new reference point limiting future decreases based on upcoming demographic changes. It results in the following allocation of seats: four seats for Prince Edward Island instead of two; seven seats for Newfoundland and Labrador instead of five; 10 seats for New Brunswick instead of seven; 11 seats for Nova Scotia instead of nine; 14 seats for Saskatchewan instead of 10; 14 seats for Manitoba instead of 12; 37 seats for Alberta; 43 seats for British Columbia; 78 seats for Quebec instead of 71; 122 seats for Ontario; and, finally, one seat each for Yukon, the Northwest Territories and Nunavut, for a total of 343 seats.

This means just one seat would be added to the House of Commons, for a total of 343 seats instead of 342. This proposal reflects the provinces' demographic growth, and it also recognizes the importance of Quebec within our federation. I remind members that this federation was founded on the partnership between two peoples, between what were then known as Upper Canada and Lower Canada, between English-speaking Canada and French-speaking Canada. Because of our history, we have a duty to safeguard and protect this fragile balance. This proposal does not change the way seats are allocated, and it is consistent with other protections that have been established in the past. We are proposing a solution to protect the seats now, before the next election, without amending the Constitution. This would avoid endless constitutional debates that would result in Quebec losing a seat in the interim.

We are proposing a well-thought-out measure, and I encourage my colleagues to support it.

Preserving Provincial Representation in the House of Commons ActGovernment Orders

May 18th, 2022 / 6:05 p.m.
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Conservative

Tom Kmiec Conservative Calgary Shepard, AB

Madam Speaker, I would like to comment on the member's speech.

This bill is about amending the Constitution. I think what she meant to say was that this is not an amendment that would require the agreement of seven of the 10 provinces, or 50% plus one of the Canadian population.

Speaking of population, Alberta is under-represented in the House based on its democratic weight and the weight of its seats. The member said that there should be 37 members from Alberta. It is true that based on the redistribution carried out under former prime minister Stephen Harper, we have nine new seats in the House that have been added since 2012. In reality, based on Alberta's demographic weight, it should have 40 seats.

I would like to hear my colleague's thoughts on that. What does she see happening in the future? Would she agree with me that we need to ensure the western provinces are well represented in the House?

Preserving Provincial Representation in the House of Commons ActGovernment Orders

May 18th, 2022 / 6:05 p.m.
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Liberal

Rachel Bendayan Liberal Outremont, QC

Madam Speaker, I greatly appreciate that question. I think that it is absolutely true that we need to continue to protect western representation in the House.

I am also prepared to listen to any proposal my colleague may want to make. I do not know if he proposed an amendment to our Bill C‑14 to that effect, but I would be pleased to discuss that with him.

Preserving Provincial Representation in the House of Commons ActGovernment Orders

May 18th, 2022 / 6:05 p.m.
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Bloc

Alexis Brunelle-Duceppe Bloc Lac-Saint-Jean, QC

Madam Speaker, I thank my colleague from Outremont for her speech. As people know, I think debate in the House is very important. We have different arguments, but at least we are able to debate them.

That reminds me that, when my colleague from Avignon—La Mitis—Matane—Matapédia was delivering her speech, my colleague from Winnipeg North did not listen for one second. To add insult to injury, he then asked a question on a speech that he did not listen to.

The question I want to ask my colleague is quite simple. Does this not prove that Quebec's political weight is not important to the Liberals?

Preserving Provincial Representation in the House of Commons ActGovernment Orders

May 18th, 2022 / 6:05 p.m.
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Liberal

Rachel Bendayan Liberal Outremont, QC

Madam Speaker, unfortunately, I do not agree at all with my colleague on that point. During my 10-minute speech, I talked about how important it is.

Every member of our caucus agrees. Our government introduced this bill because we believe that the political weight is important. As I have said many times, Quebec's representation in the House is paramount. I hope that the Bloc will support our proposal because our bill seeks to ensure that Quebec does not lose any seats in the House. It is important.

Preserving Provincial Representation in the House of Commons ActGovernment Orders

May 18th, 2022 / 6:05 p.m.
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NDP

Heather McPherson NDP Edmonton Strathcona, AB

Madam Speaker, I know my colleague, the member for Outremont, to be a very strong member of the foreign affairs committee, and I have enjoyed working with her on that committee.

My question is in regard to what she would recommend or what steps we could take to deal with the fact that in Canada we are increasingly seeing urbanization, yet we still have a strong need for rural representation. How do we balance the needs of our rural communities to be well represented with the increasing urbanization of our country?

Preserving Provincial Representation in the House of Commons ActGovernment Orders

May 18th, 2022 / 6:05 p.m.
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Liberal

Rachel Bendayan Liberal Outremont, QC

Madam Speaker, I would like to thank my colleague for the incredible work she has done on the foreign affairs committee. I would have to agree it is an issue we need to turn our minds to. I can cross my riding, which is in the heart of Montreal, in about an hour. I understand for many of my rural colleague MPs it could take between seven and eight hours to cross their ridings.

Making sure rural Canada is well represented is absolutely a priority. What we are seeing is a demographic shift. I have seen in Quebec, over the course of the pandemic, that many people living in urban centres have moved to more rural areas. We need to continue to follow the data and see that every Canadian is well represented in the House of Commons.

Preserving Provincial Representation in the House of Commons ActGovernment Orders

May 18th, 2022 / 6:10 p.m.
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Winnipeg North Manitoba

Liberal

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

Madam Speaker, why does the parliamentary secretary believe it is so important we pass this legislation, given that we have these active commissions going on across the country?