House of Commons Procedure and Practice
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4. The House of Commons and Its Members

[101] 
In November 1989, the federal government appointed a five-person Royal Commission on Electoral Reform and Party Financing to inquire into and report on the process for electing Members to the House of Commons and the financing of political parties and candidates’ campaigns. Its report was tabled in the House on February 13, 1992, and contained 267 recommendations, including draft legislation. See Journals, February 13, 1992, p. 1016.
[102] 
In 1992, the Special Committee on Electoral Reform, which had been established to conduct a comprehensive review of the Lortie Commission’s report and to report its recommendations for changes in the Canada Elections Act, presented its report. The report comprised a draft bill which included these changes (see Special Committee on Electoral Reform, Minutes of Proceedings and Evidence, December 11, 1992, Issue No. 7, pp. 3-5, 29). Bill C-114, An Act to amend the Canada Elections Act, received Royal Assent on May 6, 1993 (Journals, p. 2935).
[103] 
See Parliament of Canada Act, R.S.C. 1985, c. P-1, ss. 32-4 as amended by c. 1 (4th supp.), s. 29.
[104] 
Dominion Elections Act, S.C. 1920, c. 46, ss. 18-9. Prior to 1920, the Dominion Elections Act, 1874 (S.C. 1874, c. 9, ss. 64-7) assigned to the Clerk of the Crown in Chancery some of the duties now carried out by the Chief Electoral Officer. The Clerk of the Crown in Chancery was always present at the Table of the House of Commons at the commencement of a new Parliament to hand to the Clerk of the House the roll or return book containing the list of Members elected. He issued writs for elections, made certificates to the House of the return of Members and performed other functions relating to elections. For additional information on the role of the Clerk of the Crown in Chancery, see Bourinot, 4th ed., pp. 188-9.
[105] 
Dominion Elections Act, S.C. 1920, c. 46, s. 19.
[106] 
An Act to amend the Dominion Elections Act, S.C. 1927, c. 53, s. 1. See also Canada Elections Act, R.S.C. 1985, c. E-2, s. 6(2). The Senate plays no role in the appointment.
[107] 
Canada Elections Act, R.S.C. 1985, c. E-2, s. 4(3).
[108]
Oliver Mowat Biggar (1920-27), Jules Castonguay (1927-49), Nelson J. Castonguay (1949-66), Jean-Marc Hamel (1966-90) and Jean-Pierre Kingsley (1990 to present).
[109] 
See, for example, Debates, April 12, 1927, pp. 2313-5; April 14, 1927, p. 2499; October 4, 1949, pp. 489-91; June 6, 1966, pp. 6049-51; February 16, 1990, pp. 8453-6.
[110] 
Journals, April 14, 1927, p. 560; October 4, 1949, p. 61.
[111] 
Journals, June 6, 1966, p. 615.
[112] 
Journals, February 16, 1990, p. 1234.
[113] 
Canada Elections Act, R.S.C. 1985, c. E-2, s. 6(1).
[114] 
Canada Elections Act, R.S.C. 1985, c. E-2, s. 4(2). His or her salary is equivalent to that of a judge of the Federal Court and cannot be raised or reduced without legislation (Canada Elections Act, R.S.C. 1985, c. E-2, s. 5(1)).
[115] 
Canada Elections Act, R.S.C. 1985, c. E-2, ss. 8, 71 as amended by S.C. 1996, c. 35, s. 22.
[116] 
Canada Elections Act, R.S.C. 1985, c. E-2, s. 255. The Commissioner is appointed by the Chief Electoral Officer.
[117] 
Canada Elections Act, R.S.C. 1985, c. E-2, s. 304.
[118] 
Canada Elections Act, R.S.C. 1985, c. E-2, s. 12(3).
[119] 
Canada Elections Act, R.S.C. 1985, c. E-2, s. 192(1) as amended by S.C. 1993, c. 19, s. 100.
[120] 
Canada Elections Act, R.S.C. 1985, c. E-2, s. 195(1) as amended by S.C. 1993, c. 19, s. 101(1) and (2).
[121] 
Canada Elections Act, R.S.C. 1985, c. E-2, s. 195(3). See, for example, Journals, January 19, 1994, p. 28; September 24, 1997, p. 19.
[122] 
Standing Orders 32(5) and 108(3)(a)(vi).
[123] 
See, for example, Journals, April 24, 1995, p. 1350; September 16, 1996, p. 619; November 20, 1998, p. 1281; May 31, 1999, p. 1968.
[124] 
Canada Elections Act, R.S.C. 1985, c. E-2, s. 193(a) as amended by S.C. 1996, c. 35, s. 49.
[125] 
Canada Elections Act, R.S.C. 1985, c. E-2, s. 193(b).
[126] 
Canada Elections Act, R.S.C. 1985, c. E-2, s. 171(3)-(5) as amended by S.C. 1993, c. 19, ss. 96(2), 98.
[127] 
Standing Order 108(3)(a)(vi). See, for example, Standing Committee on Procedure and House Affairs, Minutes of Proceedings, December 14, 1995, Issue No. 54, p. 18.
[128] 
See, for example, Standing Committee on Procedure and House Affairs, Minutes of Proceedings, October 3, 1995, Issue No. 52, pp. 30-1.
[129] 
See, for example, Standing Committee on Procedure and House Affairs, Minutes of Proceedings and Evidence, March 24, 1994, Issue No. 6, pp. 7-8; June 7, 1994, Issue No. 15, pp. 5-6.
[130] 
See, for example, Standing Committee on Procedure and House Affairs, Minutes of Proceedings and Evidence, May 9, 1995, Issue No. 50, pp. 4-5; Minutes, April 28, 1998, Meeting No. 22.
[131] 
See, for example, Standing Committee on Procedure and House Affairs, Minutes, November 20, 1997, Meeting No. 6; February 26, 1998, Meeting No. 14.
[132] 
See Jackson and Jackson, p. 435. This system even allowed a candidate who lost in one riding to run again in another riding. See A History of the Vote in Canada, p. 43.
[133] 
See A History of the Vote in Canada, p. 43. See also Appendix 11, “General Election Results Since 1867”.
[134] 
An Act respecting the Elections of Members of the House of Commons, S.C. 1874, c. 9.
[135] 
Canada Elections Act, R.S.C. 1985, c. E-2, s. 79(3). See also An Act to amend the Dominion Elections Act, S.C. 1929, c. 40, s. 15.
[136] 
Canada Elections Act, R.S.C. 1985, c. E-2, s. 105(5) as amended by S.C. 1996, c. 35, s. 44.1. However, a problem arose in Saskatchewan during the 36th general election when the polls were required to stay open later than elsewhere because the province remains on standard time in the summer. See A History of the Vote in Canada, p. 98.
[137] 
See, for example, Journals, Second Session, Thirty-Fifth Parliament (February 1996-April 1997), p. 1561. For information on the discretionary powers of the Governor General, see Chapter 1, “Parliamentary Institutions”.
[138] 
Canada Elections Act, R.S.C. 1985, c. E-2, s. 12(2) as amended by S.C. 1993, c. 19, s. 3. See, for example, Journals, First Session, Thirty-Fifth Parliament (January 1994-February 1996), p. v.
[139] 
Canada Elections Act, R.S.C. 1985, c. E-2, s. 12(3) as amended by S.C. 1993, c. 19, s. 3.
[140] 
Canada Elections Act, R.S.C. 1985, c. E-2, s. 12(4) as amended by S.C. 1996, c. 35, s. 2. Until 1982, the Canada Elections Act did not provide for a minimum campaign period, although campaigns averaged about 60 days. Since 1982, the minimum length of election campaigns has gone from 50 days (Canada Elections Act, S.C. 1980-81-82, c. 96, s. 2) to 47 days (Canada Elections Act, R.S.C. 1985, c. E-2, s. 12(4) as amended by S.C. 1993, c. 19, s. 3) to 36 days. See also Final Report of the Royal Commission of Electoral Reform and Party Financing, Vol. 2, 1991, p. 79. Prior to the passage of the 1996 amendments, the enumeration or collection of names of voters was done after an election was called. Since mid-campaign enumeration is no longer required because of the establishment of a permanent register of electors, it was feasible to shorten the election campaign period to 36 days.
[141] 
Canada Elections Act, R.S.C. 1985, c. E-2, ss. 12(5), 73(1)(c).
[142] 
Canada Elections Act, R.S.C. 1985, c. E-2, ss. 79(5), 85 as amended by S.C. 1996, c. 35, s. 41.
[143] 
Canada Elections Act, R.S.C. 1985, c. E-2, s. 81(1)(j) as amended by S.C. 1993, c. 19, s. 38(4). Fifty percent of the deposit will be returned if the candidate’s election expenses and unused official receipts are submitted within the required time. The other 50% is returned if the candidate receives at least 15% of the valid votes cast in his or her electoral district (Canada Elections Act, R.S.C. 1985, c. E-2, s. 84(2)-(3) as amended by S.C. 1993, c. 19, s. 41).
[144] 
Canada Elections Act, R.S.C. 1985, c. E-2, s. 88 as amended by S.C. 1993, c. 19, s. 42.
[145] 
Canada Elections Act, R.S.C. 1985, c. E-2, s. 92.
[146] 
Canada Elections Act, R.S.C. 1985, c. E-2, s. 73(1)(b) as amended by S.C. 1996, c. 35, s. 40.
[147] 
Canada Elections Act, R.S.C. 1985, c. E-2, s. 73(1)(c) as amended by S.C. 1993, c. 19, s. 32(1) and S.C. 1996, c. 35, s. 40.
[148] 
Canada Elections Act, R.S.C. 1985, c. E-2, s. 189. If the date set for the official addition of the votes is the day immediately following the polling day, then the earliest the writs could be returned would be seven days following the general election. When the returning officer is, for some reason, not in receipt of all the necessary information, the count may be postponed for a period not exceeding two weeks (s. 172).
[149] 
Canada Elections Act, R.S.C. 1985, c. E-2, ss. 189-90.
[150] 
Canada Elections Act, R.S.C. 1985, c. E-2, s. 171(1) as amended by S.C. 1993, c. 19, s. 96(1).

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