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Bill C-586

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2nd Session, 41st Parliament,

62-63 Elizabeth II, 2013-2014

house of commons of canada

BILL C-586

An Act to amend the Canada Elections Act and the Parliament of Canada Act (candidacy and caucus reforms)

Preamble

Whereas Members of Parliament are elected by their constituents to represent them in the Parliament of Canada;

Whereas the leadership of political parties must maintain the confidence of their caucuses;

And whereas, in Canada, the executive branch of government is accountable to the legislative branch in accordance with the concept of responsible government, which is the foundation of the Westminster system of parliamentary democracy;

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

Short title

1. This Act may be cited as the Reform Act, 2014.

2000, c. 9

CANADA ELECTIONS ACT

2. (1) Subsection 2(1) of the Canada Elections Act is amended by adding the following in alphabetical order:

“nomination officer”
« agent à l’investiture »

“nomination officer” means a person elected pursuant to subsection 68.1(2).

(2) The definition “nomination contest” in subsection 2(1) of the Act is replaced by the following:

“nomination contest”
« course à l’investiture »

“nomination contest” means a competition for the selection of a person to be proposed to the nomination officer of a political party for an electoral district for his or her endorsement as the party’s prospective candidate in that electoral district.

3. The Act is amended by adding the following after the heading “Nomination of Candidates” before section 66:

Nomination contests

65.1 Nomination contests shall be held by the registered association for the electoral district to which the nomination relates at a time and date fixed by the association and in accordance with the rules established by the association.

4. Paragraph 67(4)(c) of the Act is replaced by the following:

(c) if applicable, an instrument in writing, signed by the nomination officer of the political party for the electoral district that states that the prospective candidate is endorsed by the party.

5. The Act is amended by adding the following after section 68:

Endorsement by nomination officer

68.1 (1) A prospective candidate for a political party in an electoral district must be endorsed by the nomination officer of the party for that electoral district.

Election of nomination officers

(2) Nomination officers shall be elected as follows:

(a) one nomination officer for each province, by secret ballot of a majority of the chief executive officers of the electoral district associations of the political party in that province; and

(b) one nomination officer for Yukon, the Northwest Territories and Nunavut, by secret ballot of a majority of the chief executive officers of the electoral district associations of the political party in all the territories.

Term

(3) The nomination officer shall be elected for a term of not more than four years, which term may be renewable for one or more subsequent terms of not more than four years.

Removal of nomination officer

(4) A nomination officer may only be removed if

(a) one of the three officers referred to in paragraph 368(b) has received a written notice signed by at least 20% of the chief executive officers of the electoral district associations of the political party in that province or the territories, as the case may be, requesting the removal of that nomination officer; and

(b) the removal of the nomination officer is approved by secret ballot of a majority of the chief executive officers of the electoral district associations of the political party in that province or the territories, as the case may be.

Replacement of nomination officer

(5) In the case of the death, incapacity, resignation or removal of the nomination officer of a province or the territories, a replacement nomination officer shall be elected as soon as possible and in accordance with subsection (2).

6. Subsection 383(2) of the Act is repealed.

7. The portion of subsection 478.02(1) of the Act before paragraph (a) is replaced by the following:

Notice of nomination contest

478.02 (1) When a nomination contest is held, the registered association shall, within 60 days after the selection date, file with the Chief Electoral Officer a report setting out

8. The Act is amended by adding the following after section 553:

Constitution and By-laws of Registered Parties

Conflict with constitution and by-laws

553.1 In the event of a conflict or inconsistency between a provision of this Act and a provision of the constitution or by-laws of a registered party, the provision of this Act prevails to the extent of the conflict or inconsistency.

R.S., c. P-1

PARLIAMENT OF CANADA ACT

9. The Parliament of Canada Act is amended by adding the following after section 49:

Division C.1

Caucuses

Definition of “caucus”

49.1 In this Division, “caucus” means a group composed solely of members of the House of Commons who are members of the same recognized party.

Expulsion of caucus member

49.2 A member of a caucus may only be expelled from it if

(a) the caucus chair has received a written notice signed by at least 20% of the members of the caucus requesting that the member’s membership be reviewed; and

(b) the expulsion of the member is approved by secret ballot by a majority of all caucus members.

Readmission of member

49.3 A member of the House of Commons who has been expelled from the caucus of a party may only be readmitted to the caucus

(a) if the member is re-elected to the House of Commons as a candidate for that party; or

(b) if

(i) the caucus chair has received a written notice signed by at least 20% of the members of the caucus requesting the member’s readmission to the caucus, and

(ii) the readmission of the member is approved by a majority vote by secret ballot of the members of that caucus who are present at a meeting of the caucus.

Election of chair

49.4 (1) After every general election or following the death, incapacity, resignation or removal of the chair of a caucus in accordance with subsection (2), a chair shall be elected by a majority vote by secret ballot of the members of that caucus who are present at a meeting of the caucus.

Removal of caucus chair

(2) The chair of the caucus of a party may only be removed if

(a) the chair has received a written notice signed by at least 20% of the caucus members requesting that the occupancy of the chair be reviewed; and

(b) the removal of the chair is approved by secret ballot by a majority of all caucus members.

Senior caucus member

(3) Any vote that is taken under subsection (1) or (2) shall be presided over by the caucus member with the greatest number of years of service in the House of Commons.

Definition of “leadership review”

49.5 (1) In this section, “leadership review” means a process to endorse or replace the leader of a party.

Leadership review

(2) If a written notice to call a leadership review signed by at least 20% of the members of a party’s caucus is submitted to the chair of the caucus, the chair shall order a secret ballot vote be taken among the members of the caucus to conduct a leadership review.

Notice made public

(3) The chair of the caucus shall make public the content of the written notice immediately upon receipt.

Interim leader

(4) If a majority of the caucus members vote to replace the leader of the party, the chair of the caucus shall immediately order that a second vote be taken by secret ballot to appoint a person to serve as the interim leader of the party until a new leader has been duly elected by the party.

Replacement of leader

49.6 In the case of the death, incapacity or resignation of the leader of a party, an interim leader shall be elected as soon as possible and in accordance with subsection 49.5(4).

Bar against judicial review

49.7 Any determination of a matter relating to the internal operations of a party by the caucus, a committee of the caucus or the caucus chair is final and not subject to judicial review.

Conflict with constitution and by-laws

49.8 In the event of a conflict or inconsistency between a provision of sections 49.1 to 49.7 and a provision of the constitution or by-laws of a party, the provision of sections 49.1 to 49.7 prevails to the extent of the conflict or inconsistency.

COMING INTO FORCE

Coming into force

10. This Act comes into force seven days after the day on which the next general election following the day on which this Act receives royal assent is held.

COORDINATING AMENDMENTS

Bill C-23

11. (1) Subsections (2) and (3) apply if Bill C-23, introduced in the 2nd session of the 41st Parliament and entitled An Act to amend the Canada Elections Act and other Acts and to make consequential amendments to certain Acts (in this section referred to as the “other Act”), receives royal assent.

(2) On the first day on which both section 4 of this Act and section 28 of the other Act are in force, paragraph 67(4)(c) of the Canada Elections Act is replaced by the following:

(c) if applicable, an instrument in writing, signed by the nomination officer of the political party for the electoral district that states that the prospective candidate is endorsed by the party.

(3) On the first day on which both section 5 of this Act and section 86 of the other Act are in force, paragraph 68.1(4)(a) of the Canada Elections Act is replaced by the following:

(a) one of the three officers referred to in paragraph 387(b) has received a written notice signed by at least 20% of the chief executive officers of the electoral district associations of the political party in that province or the territories, as the case may be, requesting the removal of that nomination officer; and

(4) On the first day on which both section 6 of this Act and section 86 of the other Act are in force, subsection 406(2) of the Canada Elections Act is repealed.

Published under authority of the Speaker of the House of Commons