Fixed election dates in Canada

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Historically, the Canadian prime minister has the power to request a general election at will, as is traditional in Westminster-style parliamentary governments. However, some Canadian jurisdictions have passed legislation requiring fixed election dates, so elections occur on a regular cycle (usually every four years) and the date of all forthcoming elections is publicly known. The exception is that an election may still be triggered by the government being defeated by a motion of no confidence. Therefore, in a minority government, the Opposition collectively has the power to call an election, while the governing party does not. By-elections, used to fill vacancies in a legislature, are not affected by fixed election dates.

Contents 1 Federal government 2 British Columbia 3 Ontario 4 Newfoundland and Labrador 5 Prince Edward Island 6 Northwest Territories 7 Fixed date elections in Canada 8 See also 9 Notes

[edit] Federal government

In 2006, the minority government of Stephen Harper's Conservatives introduced Bill C-16, An Act to Amend the Canada Elections Act. It requires elections on the third Monday in October every four years, starting with October 19, 2009^[1][2].

The Liberal-majority Senate added an amendment listing conditions under which a date could be modified, including religious holidays, municipal elections, and referenda, but the government rejected the amendment, and the Senate did not pursue it.^[2].

Parliamentary expert and Queen's University political science professor Ned Franks maintains 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 provincial fixed-term statutes contain the same exception.^[3]

[edit] British Columbia

British Columbia was the first jurisdiction in Canada to adopt fixed election dates, 2001. The Constitution Act calls for an election on May 17, 2005, and the second Tuesday in May every four years afterwards.^[4]

[edit] Ontario

In Ontario, 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.^[5] 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 3 to October 10 to avoid the Jewish holiday of Shemini Atzeret.^[6]

[edit] Newfoundland and Labrador

Newfoundland and Labrador passed legislation in 2004 requiring elections on the second Tuesday of October every four years.^[1]

[edit] Prince Edward Island

In 2007, Pat Binns' 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."^[7]

[edit] Northwest Territories

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.^[8]

[edit] Fixed date elections in Canada

• British Columbia general election, 2005
• Ontario general election, 2007
• Northwest Territories general election, 2007
• Newfoundland and Labrador general election, 2007

[edit] See also

• Comparison of Canadian and United States governments

[edit] Notes