Fixed election dates in Canada
Encyclopedia
In Canada
, some Canadian jurisdictions have passed legislation fixing election dates, so that elections occur on a more regular cycle (usually every four years) and the date of a forthcoming election is publicly known. However, the Governor General of Canada
, on the advise of the Prime Minister of Canada
, the provincial lieutenant governors
, on the advice of the relevant premier
, and the territorial commissioners, on the advice of the relevant premier, do still have the power to call a general election
, as is traditional in Westminster-style
parliamentary government
s, at any point before the fixed date. By-elections, used to fill vacancies in a legislature, are also not affected by fixed election dates.
fixes the maximum life of a federal parliament at five years following the return of the writs of election
. By constitutional convention
, an election must be called by the governor general following the mandatory dissolution of parliament.
On November 6, 2006, the Parliament of Canada
passed Bill C-16, An Act to Amend the Canada Elections Act
. It requires that each general election is to take place on the third Monday in October in the fourth calendar year after the previous poll, starting with October 19, 2009. During the legislative process, the Liberal
-dominated Senate added an amendment listing conditions under which a date could be modified, in order to avoid clashes with religious holidays, municipal elections, and referenda, but the House of Commons
, led by Prime Minister Stephen Harper
's Conservatives
, rejected the amendment and the Senate did not pursue it.
Parliamentary expert and Queen's University
political science
professor
Ned Franks maintained that, despite the new legislation, under the Parliament of Canada Act, the prime minister is still free to request an election at any time and that provincial fixed-term statutes contain the same exception. As the amdendment to the Canada Elections Act clearly states that "Nothing in this section affects the powers of the Governor General, including the power to dissolve Parliament at the Governor General's discretion", the change, in effect, altered only the maximum duration of a parliament by ensuring that it ends no later than October in its fourth calendar year after commencement, while leaving the possibility of an earlier end unaffected. This was illustrated by the dissolution of parliament, at the request of Prime Minister Stephen Harper, on September 7, 2008, which led Democracy Watch
to initiate proceedings in federal court against the Crown-in-Council
. Judge Michel M.J. Shore, however, dismissed the matter, saying the applicants who launched the suit "do not demonstrate a proper understanding of the separation of powers" since "[t]he remedy for the applicant's contention is not for the Federal Court to decide, but rather one of the count of the ballot box".
With the minority government falling twice and elections being held in October 2008
and May 2011, no parliament has yet reached its maximum life. The election of a majority government in the May 2, 2011, general election makes it probable that the date of the next general election will be determined by the fixed-date section of the Canada Elections Act. This would cause the next election to be on October 19, 2015.
Premier Alison Redford
has stated she intends for the government to table a bill proposing fixed elections in the spring of the fourth calendar year. However, unlike the other fixed election date legislation in Canada, the proposed legislation would fix the election to a three month period, between March 1 and May 31. If passed, the first would be in 2012.
was the first jurisdiction in Canada to adopt fixed election dates, in 2001. The Constitution Act called for an election on May 17, 2005, and the second Tuesday in May every four years afterwards.
passed acts in 2008 to hold an election on the first Tuesday in October in the fourth calendar year after election day. The first was be October 2011.
amended The Legislative Assembly and Executive Council Act in 2007, causing an election to be held every four years, on the first Monday in November, the first was November 2011.
, Dalton McGuinty
's Liberal government passed the Election Statute Law Amendment Act, 2005, which requires elections to be held on the first Thursday in October every four years, starting with 2007 (thus, in years that leave a remainder of 3 when divided by 4). However, the law does allow the date to be moved forward to any of the following seven days in the case of religious or culturally significant holidays: the 2007 election was moved from October 4 to October 10 to avoid the Jewish
holiday of Shemini Atzeret
.
amended the Legislative Assembly Act in 2007, causing an election to be held every four years, on the fourth Monday in September, the first was September 2010.
passed legislation in 2004 requiring elections on the second Tuesday of October every four years. The first such election was held in October 2007.
' Progressive Conservatives introduced a bill for fixed election dates, but called an election
before the bill could pass the legislature. Since the PCs had previously defeated a similar Liberal motion in 2006, Robert Ghiz
, then leader of the opposition, said "If they [the Progressive Conservatives] were concerned about accountability and fixed election dates they would have voted a year ago to have a fixed election date set for this election. They chose not to do that." However, the Liberal government did pass an act to amend the election act in 2008, making them every four years on the first Monday in October, the same date as the Northwest Territories.
' Elections and Plebescite Act, 2007 requires elections on the first Monday in October every four years, starting with 2007. A strong motivation for this law was the practical difficulties of holding an election during the Arctic
winter
.
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, some Canadian jurisdictions have passed legislation fixing election dates, so that elections occur on a more regular cycle (usually every four years) and the date of a forthcoming election is publicly known. However, the Governor General of Canada
Governor General of Canada
The Governor General of Canada is the federal viceregal representative of the Canadian monarch, Queen Elizabeth II...
, on the advise of the Prime Minister of Canada
Prime Minister of Canada
The Prime Minister of Canada is the primary minister of the Crown, chairman of the Cabinet, and thus head of government for Canada, charged with advising the Canadian monarch or viceroy on the exercise of the executive powers vested in them by the constitution...
, the provincial lieutenant governors
Lieutenant Governor (Canada)
In Canada, a lieutenant governor is the viceregal representative in a provincial jurisdiction of the Canadian monarch and head of state, Queen Elizabeth II, who resides predominantly in her oldest realm, the United Kingdom...
, on the advice of the relevant premier
Premier
Premier is a title for the head of government in some countries and states.-Examples by country:In many nations, "premier" is used interchangeably with "prime minister"...
, and the territorial commissioners, on the advice of the relevant premier, do still have the power to call a general election
General election
In a parliamentary political system, a general election is an election in which all or most members of a given political body are chosen. The term is usually used to refer to elections held for a nation's primary legislative body, as distinguished from by-elections and local elections.The term...
, as is traditional in Westminster-style
Westminster System
The Westminster system is a democratic parliamentary system of government modelled after the politics of the United Kingdom. This term comes from the Palace of Westminster, the seat of the Parliament of the United Kingdom....
parliamentary government
Government
Government refers to the legislators, administrators, and arbitrators in the administrative bureaucracy who control a state at a given time, and to the system of government by which they are organized...
s, at any point before the fixed date. By-elections, used to fill vacancies in a legislature, are also not affected by fixed election dates.
Canada
The Constitution Act 1867Constitution Act, 1867
The Constitution Act, 1867 , is a major part of Canada's Constitution. The Act created a federal dominion and defines much of the operation of the Government of Canada, including its federal structure, the House of Commons, the Senate, the justice system, and the taxation system...
fixes the maximum life of a federal parliament at five years following the return of the writs of election
Writ of election
A writ of election is a writ issued by the government ordering the holding of a special election for a political office.In the United Kingdom and in Canada, this is the only way of holding an election for the House of Commons...
. By constitutional convention
Constitutional convention (political custom)
A constitutional convention is an informal and uncodified procedural agreement that is followed by the institutions of a state. In some states, notably those Commonwealth of Nations states that follow the Westminster system and whose political systems derive from British constitutional law, most...
, an election must be called by the governor general following the mandatory dissolution of parliament.
On November 6, 2006, the Parliament of Canada
Parliament of Canada
The Parliament of Canada is the federal legislative branch of Canada, seated at Parliament Hill in the national capital, Ottawa. Formally, the body consists of the Canadian monarch—represented by her governor general—the Senate, and the House of Commons, each element having its own officers and...
passed Bill C-16, An Act to Amend the Canada Elections Act
Canada Elections Act
Canada Elections Act is an Act of the Parliament of Canada respecting the election of members of parliament to the Canadian House of Commons, repealing other Acts relating to elections and making consequential amendments to other Acts....
. It requires that each general election is to take place on the third Monday in October in the fourth calendar year after the previous poll, starting with October 19, 2009. During the legislative process, the Liberal
Liberal Party of Canada
The Liberal Party of Canada , colloquially known as the Grits, is the oldest federally registered party in Canada. In the conventional political spectrum, the party sits between the centre and the centre-left. Historically the Liberal Party has positioned itself to the left of the Conservative...
-dominated Senate added an amendment listing conditions under which a date could be modified, in order to avoid clashes with religious holidays, municipal elections, and referenda, but the House of Commons
Canadian House of Commons
The House of Commons of Canada is a component of the Parliament of Canada, along with the Sovereign and the Senate. The House of Commons is a democratically elected body, consisting of 308 members known as Members of Parliament...
, led by Prime Minister Stephen Harper
Stephen Harper
Stephen Joseph Harper is the 22nd and current Prime Minister of Canada and leader of the Conservative Party. Harper became prime minister when his party formed a minority government after the 2006 federal election...
's Conservatives
Conservative Party of Canada
The Conservative Party of Canada , is a political party in Canada which was formed by the merger of the Canadian Alliance and the Progressive Conservative Party of Canada in 2003. It is positioned on the right of the Canadian political spectrum...
, rejected the amendment and the Senate did not pursue it.
Parliamentary expert and Queen's University
Queen's University
Queen's University, , is a public research university located in Kingston, Ontario, Canada. Founded on 16 October 1841, the university pre-dates the founding of Canada by 26 years. Queen's holds more more than of land throughout Ontario as well as Herstmonceux Castle in East Sussex, England...
political science
Political science
Political Science is a social science discipline concerned with the study of the state, government and politics. Aristotle defined it as the study of the state. It deals extensively with the theory and practice of politics, and the analysis of political systems and political behavior...
professor
Professor
A professor is a scholarly teacher; the precise meaning of the term varies by country. Literally, professor derives from Latin as a "person who professes" being usually an expert in arts or sciences; a teacher of high rank...
Ned Franks maintained that, despite the new legislation, under the Parliament of Canada Act, the prime minister is still free to request an election at any time and that provincial fixed-term statutes contain the same exception. As the amdendment to the Canada Elections Act clearly states that "Nothing in this section affects the powers of the Governor General, including the power to dissolve Parliament at the Governor General's discretion", the change, in effect, altered only the maximum duration of a parliament by ensuring that it ends no later than October in its fourth calendar year after commencement, while leaving the possibility of an earlier end unaffected. This was illustrated by the dissolution of parliament, at the request of Prime Minister Stephen Harper, on September 7, 2008, which led Democracy Watch
Democracy Watch (Canada)
Democracy Watch, established in 1993, is a Canadian organization that advocates on democratic reform, government accountability and corporate responsibility issues...
to initiate proceedings in federal court against the Crown-in-Council
Queen-in-Council
The Queen-in-Council is, in each of the Commonwealth realms, the technical term of constitutional law that refers to the exercise of executive authority, denoting the monarch acting by and with the advice and consent of his or her privy council or executive council The Queen-in-Council (during...
. Judge Michel M.J. Shore, however, dismissed the matter, saying the applicants who launched the suit "do not demonstrate a proper understanding of the separation of powers" since "[t]he remedy for the applicant's contention is not for the Federal Court to decide, but rather one of the count of the ballot box".
With the minority government falling twice and elections being held in October 2008
Canadian federal election, 2008
The 2008 Canadian federal election was held on Tuesday, October 14, 2008 to elect members to the Canadian House of Commons of the 40th Canadian Parliament after the previous parliament had been dissolved by the Governor General on September 7, 2008...
and May 2011, no parliament has yet reached its maximum life. The election of a majority government in the May 2, 2011, general election makes it probable that the date of the next general election will be determined by the fixed-date section of the Canada Elections Act. This would cause the next election to be on October 19, 2015.
Alberta
AlbertaAlberta
Alberta is a province of Canada. It had an estimated population of 3.7 million in 2010 making it the most populous of Canada's three prairie provinces...
Premier Alison Redford
Alison Redford
Alison Merrilla Redford Q.C., MLA, is a Canadian politician, and the 14th and current Premier of Alberta, Canada. Upon winning the leadership of the Progressive Conservative Association of Alberta, in October 2011, she became the first female premier in Alberta...
has stated she intends for the government to table a bill proposing fixed elections in the spring of the fourth calendar year. However, unlike the other fixed election date legislation in Canada, the proposed legislation would fix the election to a three month period, between March 1 and May 31. If passed, the first would be in 2012.
British Columbia
British ColumbiaBritish Columbia
British Columbia is the westernmost of Canada's provinces and is known for its natural beauty, as reflected in its Latin motto, Splendor sine occasu . Its name was chosen by Queen Victoria in 1858...
was the first jurisdiction in Canada to adopt fixed election dates, in 2001. The Constitution Act called for an election on May 17, 2005, and the second Tuesday in May every four years afterwards.
Manitoba
ManitobaManitoba
Manitoba is a Canadian prairie province with an area of . The province has over 110,000 lakes and has a largely continental climate because of its flat topography. Agriculture, mostly concentrated in the fertile southern and western parts of the province, is vital to the province's economy; other...
passed acts in 2008 to hold an election on the first Tuesday in October in the fourth calendar year after election day. The first was be October 2011.
Saskatchewan
SaskatchewanSaskatchewan
Saskatchewan is a prairie province in Canada, which has an area of . Saskatchewan is bordered on the west by Alberta, on the north by the Northwest Territories, on the east by Manitoba, and on the south by the U.S. states of Montana and North Dakota....
amended The Legislative Assembly and Executive Council Act in 2007, causing an election to be held every four years, on the first Monday in November, the first was November 2011.
Ontario
In OntarioOntario
Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....
, Dalton McGuinty
Dalton McGuinty
Dalton James Patrick McGuinty, Jr., MPP is a Canadian lawyer, politician and, since October 23, 2003, the 24th and current Premier of the Canadian province of Ontario....
's Liberal government passed the Election Statute Law Amendment Act, 2005, which requires elections to be held on the first Thursday in October every four years, starting with 2007 (thus, in years that leave a remainder of 3 when divided by 4). However, the law does allow the date to be moved forward to any of the following seven days in the case of religious or culturally significant holidays: the 2007 election was moved from October 4 to October 10 to avoid the Jewish
Judaism
Judaism ) is the "religion, philosophy, and way of life" of the Jewish people...
holiday of Shemini Atzeret
Shemini Atzeret
Shemini Atzeret is a Jewish holiday. It is celebrated on the 22nd day of the Hebrew month of Tishrei. In the Diaspora, an additional day is celebrated, the second day being separately referred to as Simchat Torah...
.
New Brunswick
New BrunswickNew Brunswick
New Brunswick is one of Canada's three Maritime provinces and is the only province in the federation that is constitutionally bilingual . The provincial capital is Fredericton and Saint John is the most populous city. Greater Moncton is the largest Census Metropolitan Area...
amended the Legislative Assembly Act in 2007, causing an election to be held every four years, on the fourth Monday in September, the first was September 2010.
Newfoundland and Labrador
Newfoundland and LabradorNewfoundland and Labrador
Newfoundland and Labrador is the easternmost province of Canada. Situated in the country's Atlantic region, it incorporates the island of Newfoundland and mainland Labrador with a combined area of . As of April 2011, the province's estimated population is 508,400...
passed legislation in 2004 requiring elections on the second Tuesday of October every four years. The first such election was held in October 2007.
Prince Edward Island
In 2007, Pat BinnsPat Binns
Patrick George Binns , is a Canadian diplomat who was named Ambassador to Ireland on August 30, 2007.Binns has a long history of public service, most notably being the 30th Premier of Prince Edward Island, holding office from 1996 to 2007, during which time he was the leader of the Prince Edward...
' Progressive Conservatives introduced a bill for fixed election dates, but called an election
Prince Edward Island general election, 2007
The 63rd Prince Edward Island general election was held on May 28, 2007. It elected members of the Legislative Assembly of the Province of Prince Edward Island, Canada...
before the bill could pass the legislature. Since the PCs had previously defeated a similar Liberal motion in 2006, Robert Ghiz
Robert Ghiz
Robert Watson Joseph Ghiz, MLA is a Canadian politician who has been the 31st Premier of Prince Edward Island since 2007...
, then leader of the opposition, said "If they [the Progressive Conservatives] were concerned about accountability and fixed election dates they would have voted a year ago to have a fixed election date set for this election. They chose not to do that." However, the Liberal government did pass an act to amend the election act in 2008, making them every four years on the first Monday in October, the same date as the Northwest Territories.
Northwest Territories
The Northwest TerritoriesNorthwest Territories
The Northwest Territories is a federal territory of Canada.Located in northern Canada, the territory borders Canada's two other territories, Yukon to the west and Nunavut to the east, and three provinces: British Columbia to the southwest, and Alberta and Saskatchewan to the south...
' Elections and Plebescite Act, 2007 requires elections on the first Monday in October every four years, starting with 2007. A strong motivation for this law was the practical difficulties of holding an election during the Arctic
Arctic
The Arctic is a region located at the northern-most part of the Earth. The Arctic consists of the Arctic Ocean and parts of Canada, Russia, Greenland, the United States, Norway, Sweden, Finland, and Iceland. The Arctic region consists of a vast, ice-covered ocean, surrounded by treeless permafrost...
winter
Winter
Winter is the coldest season of the year in temperate climates, between autumn and spring. At the winter solstice, the days are shortest and the nights are longest, with days lengthening as the season progresses after the solstice.-Meteorology:...
.