Bill C-16 · 39th Parliament · Stephen Harper
An Act to amend the Canada Elections Act
Government bill. Became law.
- IntroducedMay 30, 2006
- Debated in principleSept. 19, 2006
- Studied by a committeeDone
- Passed its first chamberNov. 6, 2006
- Passed the second chamberMarch 27, 2007
- Became lawMay 3, 2007
Leading supporters
Ranked by the part each played: who is responsible for the bill, who carried it, and who spoke for it most.
- Stephen HarperPrime Minister
- Consiglio Di NinoSenate · Sponsor in the Senate
- Paul DewarStates the NDP is happy to support the bill as part of an ethics package.
- Stephen Owenexplicitly backs the bill as presented
- Tom Lukiwskicalls the bill very good and positive for democratic reform
- Rob NicholsonPresents the bill at third reading and highlights benefits like fairness, transparency and higher voter turnout.
- Jay Hilljoins debate positively and defends the bill against concerns
- Monique Guaystates the Bloc will support the bill as a big step forward despite imperfections.
Who carries this bill
Arrows run from the person responsible to those who answer to them on this bill. The critic leads the Senate’s scrutiny and answers to no one on it.
Where members stand
That a Message be sent to the Senate to acquaint Their Honours that this House disagrees with the amendment made by the Senate to Bill C-16 · 2007-04-24 · Passed
What the Senate tried to change
- adds provisionsSenator JoyalExpands the Chief Electoral Officer's discretion to recommend deferring the election date to include conflicts with a provincial or municipal election or a federal, provincial or municipal referendum.Adopted · March 22, 2007 · Senate record
How it changed on the way
81% of the text as introduced was changed or removed by the time it became law (908 words introduced, 755 passed).
substantial changeintent mostly kept
The core fixed election date rules remained unchanged from introduction to royal assent. Separate amending clauses for existing sections on polling day and writs were removed and their content folded into the new framework.
- Removed separate clause amending subsections 57(3) to (5) of the Canada Elections Act.
Before: “(3) Subject to subsection (4), polling day shall be on a Monday.”
- Removed separate clause replacing section 58 on writs.
Before: “The Chief Electoral Officer shall issue a writ in Form 1 of Schedule 1 to the returning officer for the electoral district in which the election is to be held without delay after the proclamation is issued or the order is made by the Governor in Council.”
How precisely it is written
mixedChallenging the law: ModerateDisputing a charge: Hard
Fixed calendar rules and numbered days create clear election timing, but subjective language lets officials alter those dates. The result mixes black-and-white dates with open-ended discretion.
Open to argument
“If the Chief Electoral Officer is of the opinion that a Monday that would otherwise be polling day under subsection 56.1(2) is not suitable for that purpose, including by reason of its being in conflict with a day of cultural or religious significance or a provincial or muni- cipal election”
Relies on the officer's personal opinion and an undefined suitability standard rather than objective tests.
Clear-cut
“each general election must be held on the third Monday of October in the fourth calendar year following polling day for the last general election, with the first general election after this section comes into force being held on Monday, October 19, 2009”
Uses specific numbered weekdays, calendar years, and an exact starting date that can be applied without further judgment.“The alternate day must be either the Tuesday immediately following the Monday that would otherwise be polling day or the Monday of the following week”
Limits choices to two clearly defined days, removing broader discretion once a change is triggered.
Discretion. The Chief Electoral Officer may form an opinion on suitability and recommend a change, which the Governor in Council may accept by order.
Challenging the law itself. The subjective 'opinion' and 'not suitable' wording could support a vagueness argument under Charter doctrines, though the overall scheme is narrow and tied to section 56.1.
Disputing a charge under it. The text sets dates for government action rather than defining individual offences, so disputes over personal breaches would rarely arise from these provisions.
Read by a language model from the royal assent text; every quoted phrase appears in the bill. A reading of the drafting, not legal advice.
Did it work?
not effective
Bill C-16 (39th Parliament) amended the Canada Elections Act to establish fixed federal election dates on the third Monday in October every four years while explicitly preserving the Governor General's discretion to dissolve Parliament. The 2008 election was called early, and the Federal Court ruled that the legislation did not alter constitutional conventions or bind election timing.
- Legislative Summary of Bill C-16 (39th Parliament, 1st Session)reviewThe bill's purpose was to provide fixed election dates subject to the Governor General's discretion, with no mechanism to enforce the schedule against early dissolution.
Who lobbied on it
No lobbying registration naming this bill is loaded.
Stages and dates from LEGISinfo.