Bill C-312

1st Session, 41st Parliament,

60 Elizabeth II, 2011

house of commons of canada

BILL C-312

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

Whereas the composition of the House of Commons must reflect the principle of proportionate representation of the provinces and the democratic representation of the Canadian people;

Whereas the principle of proportionate representation of the provinces must balance the fair and equitable representation of faster-growing provinces and the effective representation of smaller and slower-growing provinces;

Whereas the populations of faster-growing provinces are currently under-represented in the House of Commons and members of the House of Commons for those provinces therefore represent, on average, significantly more populous electoral districts than members for other provinces;

Whereas the national average population of electoral districts at the 40th general election was approximately 108,000 persons;

Whereas the Constitution Act, 1985 (Representation) was enacted by Parliament by virtue of its exclusive authority, in section 44 of the Constitution Act, 1982, to amend the Constitution of Canada in relation to the House of Commons so long as the principle of proportionate representation of the provinces is not disturbed;

Whereas the Supreme Court of Canada held, on June 6, 1991, in The Attorney General for Saskatchewan v. Roger Carter, that factors like geography, community history, community interests and minority representation may need to be taken into account to ensure that legislative assemblies effectively represent the diversity of the Canadian social mosaic;

Whereas the House of Commons, on Novem- ber 27, 2006, adopted a motion recognizing that the Québécois form a nation within a united Canada;

Whereas it is imperative to recognize that the only province whose population is considered a nation is the Province of Quebec and that it thus represents a “community of interests” that must have “effective representation”;

And whereas the proportion of members from the Province of Quebec in the House of Commons must therefore remain unchanged from the representation that it had when the motion was adopted on November 27, 2006;

Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

1. This Act may be cited as the Democratic Representation Act.

2. Subsection 51(1) of the Constitution Act, 1867 is replaced by the following:

51. (1) The number of members of the House of Commons and the representation of the provinces therein shall, on the completion of each decennial census, be readjusted by such authority, in such manner, and from such time as the Parliament of Canada provides from time to time, subject and according to the following rules:

1.       There shall be assigned to each of the provinces a number of members equal to the number obtained by dividing the population of the province by the electoral divisor and rounding up any fractional remainder to one.

2.       If the number of members assigned to a province by the application of rule 1 and section 51A is less than the total number assigned to that province on the coming into force of the Constitution Act, 1985 (Representation), there shall be added to the number of members so assigned such number of members as will result in the province having the same number of members as were assigned on that date.

3. A reference to the Constitution Acts, 1867 to 1982 is deemed to include a reference to this Act.