PROC Committee Report

In 1964, Parliament passed the Electoral Boundaries Readjustment Act (EBRA) in order to ensure a regular readjustment of electoral boundaries within a framework providing the strongest guarantees of independence from political interference. To achieve this goal, the Act provides for the revision of electoral boundaries for each of the provinces by ten non-partisan commissions that are independent from the government. Since its inception, the EBRA process has had a significant impact on ensuring effective representation for Canadians and has come to be regarded as one of the pillars of our democratic system.

While the EBRA process has continued to be successful in meeting many of its fundamental objectives, the Act has not been updated significantly since its original adoption. As the years have gone by, the key players in the system have had an opportunity to evaluate the process, and this has resulted in a considerable body of recommendations for improvement. In this regard, suggestions have come forward from Members of Parliament, boundary commissioners, and the Chief Electoral Officer, in addition to the recommendations contained in the Seventh Report. The process was also examined in detail by the Royal Commission on Electoral Reform and Party Financing, and an unsuccessful attempt to amend the Act was made in 1995 through Bill C-69.

The Government agrees with the Committee that there is a need for improvement to the redistribution process and that the legislation should be updated in time for the next decennial census in 2011. This would ensure that the next redistribution takes place under new rules. In recognition of the complex nature of the redistribution process, however, and the often-competing visions for reform that have come forward, the government will need to take the time necessary to consult with the key players, including former boundary commissioners, Elections Canada, Members of Parliament, stakeholders (e.g., linguistic and cultural communities), and members of the public, and to take into consideration any recommendations that the Chief Electoral Officer will bring forward in his report on the EBRA process, which is expected in the coming months.

The Committee’s Report has provided a clearer picture of many of the challenges facing the EBRA process, and has raised several important issues that need to be studied in further detail before legislation could be developed. For example, as the Committee noted in its Report, a greater understanding of the meaning of community of interest is critical to the development of a consistent approach to boundary readjustment across all provinces, but it is a difficult concept to define. The interpretation of community is a sensitive issue that attracts different views and approaches, and consultation would be required to develop consensus on an appropriate definition.

Further consultations and study will allow the Government to comment in detail on the specific recommendations of the Seventh Report. In that regard, there are a number of broad themes that have considerable merit and warrant further exploration. These include standardization of materials and reports for boundary commissions, clearer definitions of key concepts, increased opportunities for public participation, greater transparency and accountability, and a more streamlined process.

There are also other issues that the Report raises but does not make specific recommendations on, but which would need to be examined carefully, including the possibility of more frequent redistributions.

In sum, the Committee’s Report makes an important contribution to the reform process in these and other areas, and will provide essential guidance in moving forward. The Government is grateful for the Committee’s assistance and expertise.

In assessing possible amendments to the Act, including those proposed in the Seventh Report, the government will want to ensure that the fundamental principles underlying the EBRA continue to be respected. In particular, it is essential that any proposed amendments do not infringe on the independent nature of the redistribution process or contravene the principle of effective representation as reflected in the Charter of Rights and Freedoms. Some of the recommendations in the Seventh Report could be of concern in this regard, and will require careful study. These are the principles that will guide the Government as it considers ways to strengthen the electoral redistribution process.