Two principles underly the Canadian system of representation. The first is the principle of territorial representation, which is that each elector is represented in the House of Commons on a territorial basis, that is, the electoral district. The second is the principle of 'one elector, one vote', i.e., all voters are equal. This topic area discusses each of these fundamental aspects of the Canadian federal electoral system, namely:
- the principle of representation in the House of Commons, that is, how the seats in the House of Commons are divided among the ten provinces and two territories;
- how the electoral district boundaries are determined and periodically readjusted to reflect shifts in the population.
Representation
One of the crucial questions faced by the Fathers of Confederation in 1867 was how to ensure that all founding provinces were equally represented in the House of Commons of Canada, while at the same time guaranteeing that each region of the country had a fair say in the daily workings of the new federation. They adopted as a basic working principle the idea of 'representation by population,' and determined that each province was to be allotted a number of seats in the House of Commons that directly corresponded to its proportion of the total population in relation to the population of Quebec.
From the start, however, the Fathers of Confederation recognized the geographical, cultural, political and demographic diversity of the new provinces, as well as population size and rural and urban characteristics. As more provinces entered confederation and as some regions grew and developed more than others, the diversity became more pronounced and a certain degree of compromise had to be built into the formula for allocating seats to the provinces. As a result, the basic principle of representation by population began to evolve and the allocation formula for seats has changed several times over the last 120 years to reflect this evolution.
The current allocation formula was adopted in 1985, as part of the Representation Act of 1985. This formula greatly simplified the previous formula described in the amended Section 51 of the Constitution Act of 1867 for calculating representation. The calculation is carried out in the following four steps:
1. Allocating seats to the territories. Starting with the 282 seats that the House of Commons of Canada had in 1985, two seats are allocated to the Northwest Territories and one to the Yukon Territory, leaving 279 seats.
2. Calculating the electoral district average. The total population of the ten provinces is divided by 279 (the number obtained after allocating seats to the territories) to obtain the electoral quota or quotient, which is used to determine the number of seats for each province.
3. Distributing the seats to each province. The theoretical number of seats to be allocated to each province in the House of Commons is calculated by dividing the total population of each province by the quotient obtained in previous step number two. If the result leaves a remainder higher than 0.50, the number of seats is rounded up to the next whole number.
4. Making adjustments. After the theoretical number of seats per province is obtained, adjustments are made in a process referred to as applying the 'senatorial clause' and 'grandfather clause'. The 'senatorial clause,' first adopted in 1915, states that a province cannot have fewer seats in the House of Commons than it does in the Senate. The 'grandfather clause' (Representation Act of 1985) guarantees each province no fewer seats than it had in 1976 or during the 33rd Parliament.
The effect of the last provision is to add on extra seats to the House of Commons. The size of the House of Commons is now 301 seats, rather than 282, due to 'add-on' seats. Only Alberta, British Columbia and Ontario have the requisite number of seats according to their population. All the other provinces have more seats than a strict application of the population equality criterion would allow. (For the individual provincial and territorial results of the federal redistribution formula using the 1991 census, see Canadian redistribution formula using 1991 census figures.)
Readjusting the Electoral District Boundaries
After the number of seats to be assigned to each province is established according to the constitutional formula, the most difficult part of the exercise begins, namely, dividing the country into electoral districts to be represented by elected members of Parliament.
The whole exercise is most properly known as 'readjustment of electoral district boundaries,' but is often referred to as 'redistribution' and sometimes, particularly in other countries, as 'redistricting.' While the Constitution Act of 1867 specifies that a readjustment must take place after each ten-year census, the rules for actually carrying out this enormous task are laid down in the Electoral Boundaries Readjustment Act (EBRA) of 1964.
Prior to passage of the EBRA in 1964, the House of Commons itself was responsible for fixing the boundaries of electoral districts, through a committee appointed especially for that purpose. There were no rules to guide the exercise, and research done on this period reveals a considerable amount of political interference in the readjustment process. This was often referred to as 'gerrymandering,' or the manipulation of riding, or electoral district, boundaries so as to ensure, as far as possible, the re-election of the members of the governing party.
The Establishment of Independent Commissions
In the early 1960s, it was decided to assign the responsibility for readjusting electoral district boundaries to independent commissions, one for each province. Legislation to this effect was passed in 1964. Each commission was to be chaired by a judge designated by the chief justice of the province and there were to be three other members. One of these members was the representation commissioner, a public servant who was to sit on every commission. Initially, the other two members were to be political appointees, one from the governing party and one from the official opposition party. However, objections from the other opposition parties led to the legislation being amended such that the Speaker of the House of Commons was responsible for appointing the two remaining members of each commission.
The post of representation commissioner was abolished in 1979 and most of the duties transferred to the chief electoral officer of Canada. Now each province and the Northwest Territories has a three-member boundaries commission, chaired as before, with two additional members appointed by the Speaker. As the entire Yukon Territory constitutes one electoral district, it does not require an electoral boundaries commission.
The goal of the readjustment process to be completely free of any political association is reinforced by a provision in the Electoral Boundaries Readjustment Act which specifies that no sitting member of the Senate or of a federal, provincial or territorial legislature can be appointed to a commission. In practice, many commission members, aside from the chairmen, are university professors or non-elected officials of legislative assemblies.
Public Participation
When the rules for readjusting the federal electoral boundaries were laid down in 1964, members of Parliament realized that, for the process to be completely fair, it not only had to be free of any political association but it also had to provide an opportunity for voters to express their views. Consequently, each commission publishes maps in the newspapers and invites the public to hearings, which are held at several different locations chosen to encourage the participation of as many interested people as possible.
Members of Parliament (M.P.'s) are not excluded from this process of public involvement. Indeed, it is recognized that M.P.'s will invariably have strong views on both the names and boundaries of the proposed electoral districts. Therefore, M.P.'s are not only allowed to appear before a commission at the public hearings, but the legislation also provides them with the opportunity to object to the proposals of any of the boundaries commissions. The commissions must consider these objections, but are not obliged to make any changes as a result. In all cases, the final decisions as to where the boundary lines will be fixed rest with the commissions.
Criteria: Where to Draw the Lines
After receiving maps and documentation on the relevant population data from the most recent decennial census from the chief electoral officer of Canada, commissions have one year to make proposals, hold public hearings and finalize their report. Guidelines for this enormous task are found in the Electoral Boundaries Readjustment Act of 1985. A look at the guidelines makes it clear that the readjustment exercise is not simply a mathematical computation but, rather, a delicate balancing act that must take into account human interests as well as geographic characteristics. In the course of their work, the commissions receive technical and administrative assistance from the staff of the chief electoral officer at Elections Canada.
The commissions are charged with dividing the territory assigned to them into a specified number of electoral districts, so that the population of each one will correspond 'as closely as is reasonably possible' to the predetermined average (or 'quotient'). But, in fixing the electoral district boundaries, they must also take into consideration
the community of interest or community of identity in or the historical pattern of an electoral district...and a manageable geographic size for districts in sparsely populated, rural or northern regions....
To accommodate these human and geographic factors, the commissions are allowed to deviate from the average population figure when setting their boundaries. While generally restricted to a tolerance of plus or minus 25 percent from the quotient, a commission may exceed this limit 'in circumstances viewed by the commission as being extraordinary.'
The Process of Readjustment
While the work of the commissions is a crucial part of the readjustment exercise and may take up to one year or more to complete, it is, in fact, only one part of the exercise. The whole process may take two and one half years or more, from the time the chief electoral officer of Canada receives the census data from the chief statistician to the time at which the new boundaries can be used at a general election. The main stages of the federal readjustment process are as follows:
Allocation of Seats. After the decennial census, the chief statistician of Canada gives to the chief electoral officer of Canada population data for each province and the Northwest Territories broken down by electoral districts and enumeration areas. Using these figures and the representation formula discussed above, the chief electoral officer of Canada calculates the number of seats to be allocated to each province and the Northwest Territories and publishes the results in the Canada Gazette.
Establishment of Commissions. The members of the boundaries commissions are selected and appointed by the Speaker of the House of Commons and the appropriate chief justice. Within sixty days from the time that the chief statistician of Canada supplies the population data to the government and to the chief electoral officer of Canada, the eleven electoral boundaries commissions must be established and charged with fixing the boundaries of new electoral districts.
Public Hearings. Newspaper advertisements are published containing maps of the proposed electoral boundaries, as well as the time(s) and location(s) of public hearings, at least sixty days before the first hearing is scheduled. A commission must hold at least one public hearing before completing its report. During the hearings, interested individuals, groups and M.P.'s may appear to express their views on the commission's proposals, after notifying the commission in writing of their intention to do so.
Completion of reports. No later than one year after receiving the population data, each commission must complete its report on the new electoral districts. The chief electoral officer of Canada may grant an extension of up to six months when necessary.
Review of reports in Parliament. Each commission's report is sent through the chief electoral officer of Canada to the Speaker of the House of Commons, who must ensure that it is tabled and referred to a committee designated to deal with electoral matters. Written objections, each signed by at least ten M.P.'s, may be filed with the committee within thirty days of the tabling of a report. The committee has thirty days--longer if the House of Commons is not sitting--to discuss any objections to a report and return it to the Speaker of the House of Commons.
Finalizing of boundaries. The reports are then returned to the commissions, accompanied by the minutes of the House of Commons committee. The commissions then decide whether to modify their reports.
Representation order. The chief electoral officer of Canada drafts a document called a 'representation order' describing and naming the electoral districts established by the commissions and sends the document to the Governor in Council (Cabinet). Within five days of receiving the draft representation order, the Governor in Council must publicly announce the new boundaries in a proclamation which must then be published in the Canada Gazette within another five days from that date. The new boundaries cannot be used at an election until at least one year has passed between the date the representation order was proclaimed and the date that Parliament is dissolved for a general election.
Conclusion
Over the last 120 years, in Canada, the formula for calculating representation in the House of Commons and the process for adjusting electoral district boundaries have changed. The greatest changes have undoubtedly taken place in recent decades. Since the 1940s, we have seen three fundamental changes to the representation formula and one major change in the boundary readjustment process. The readjustments that followed the censuses of 1941, 1961, 1971 and 1981 were all delayed while such changes were made. Following the 1991 census, delays were caused by constitutional deliberations that resulted in the Charlottetown Accord and a review of the Electoral Boundaries Readjustment Act in general.
The redistribution process may continue to evolve in Canada as the population grows and the demands on the electoral system change.
