Bill C-559: An Act to amend the Canada Elections Act and the Parliament of Canada Act (reforms)

C-559 Second Session, Forty-first Parliament, 62 Elizabeth II, 2013 HOUSE OF COMMONS OF CANADA BILL C-559 An Act to amend the Canada Elections Act and the Parliament of Canada Act (reforms) first reading, December 3, 2013 Mr. Chong 412100 SUMMARY This enactment amends the Canada Elections Act to provide that (a) nomination contests are to be held by a party’s electoral district association; (b) proof of the party’s endorsement of a prospective candidate is to be provided by the nomination officer of the party’s electoral district association; (c) a nomination officer is appointed by a majority vote of the electoral district association; and (d) an application for registration of a political party must include an extract of the party by-laws that sets out the process for leadership review. It also amends the Parliament of Canada Act to provide for the expulsion and readmission of a caucus member and for the election and removal of a caucus chair. Available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca 2nd Session, 41st Parliament, 62 Elizabeth II, 2013 house of commons of canada BILL C-559 An Act to amend the Canada Elections Act and the Parliament of Canada Act (reforms) 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, 2013. 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: “leadership review”« examen de la direction » “leadership review” means a process to endorse or replace the leader of a registered party. “nomination officer”« agent à l’investiture » “nomination officer” means a person who is appointed by the electoral district association of a political party to endorse the prospective candidate for the party in that electoral district in accordance with section 68. (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 the electoral district association of a political party for his or her endorsement as the party’s prospective candidate in an 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’s electoral district association 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 nominating 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’s electoral district association of the party in that electoral district. Appointment of nominating officer (2) The nomination officer referred to in subsection (1) shall be appointed by the members of the electoral district association by a majority vote. 6. (1) Subsection 366(2) of the Act is amended by striking out “and” at the end of paragraph (i), by adding “and” at the end of paragraph (j) and by adding the following after paragraph (j): (k) the extract of the party by-laws that provides that (i) a leadership review may be initiated by the submission of a written notice to the caucus chair signed by at least 15% of the members of the party’s caucus, (ii) a leadership review is to be conducted by secret ballot, with the result to be determined by a majority vote of the caucus members present at a meeting of the caucus, and (iii) if a majority of caucus members present at the meeting referred to in subparagraph (ii) vote to replace the leader of the party, a second vote of the caucus shall be conducted immediately 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. (2) Section 366 of the Act is amended by adding the following after subsection (2): Definition of “caucus” (2.1) For the purposes of paragraph (2)(k), “caucus” has the same meaning as in section 49.1 of the Parliament of Canada Act. 7. (1) Subsection 369(2) of the Act is amended by striking out “or” at the end of paragraph (c), by adding “or” at the end of paragraph (d) and by adding the following after paragraph (d): (e) the party by-laws do not provide for a leadership review as set out in paragraph 366(2)(k). (2) Section 369 of the Act is amended by adding the following after subsection (2): Leadership review (3) A political party that is registered on the day this Act comes into force shall have 12 months to satisfy the Chief Electoral Officer that the party by-laws provide for a leadership review as set out in paragraph 366(2)(k). 8. Subsection 383(2) of the Act is repealed. 9. Subsections 403.2(2) and (3) of the Act are replaced by the following: Exception (2) Subsection (1) does not apply during an election period in the electoral district of the registered association. 10. 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 11. 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 12. The Parliament of Canada Act is amended by adding the following after section 49: Division C.1 Caucuses Interpretation 49.1 The following definition applies in this Division. “caucus”« groupe parlementaire » “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 15% of the members of the caucus requesting that the member’s membership be reviewed at a meeting of the caucus; and (b) the expulsion of the member is approved by a majority vote by secret ballot of the caucus members present at that meeting. 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 15% of the members of the caucus requesting that the member’s readmission to the caucus be considered at a meeting of the caucus, and (ii) the readmission of the member is approved by a majority vote by secret ballot of the caucus members present at that meeting. 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 15% of the caucus members requesting that the occupancy of the chair be reviewed at a meeting of the caucus; and (b) the removal of the chair is approved by a majority vote by secret ballot of the caucus members present at that meeting. 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. Bar against judicial review 49.5 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 49.6 In the event of a conflict or inconsistency between a provision of sections 49.1 to 49.5 and a provision of the constitution or by-laws of a party, the provision of sections 49.1 to 49.5 prevails to the extent of the conflict or inconsistency. COMING INTO FORCE Coming into force 13. 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. Published under authority of the Speaker of the House of Commons