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Constitution Act, 2022 (representation of Quebec)

Full Title: An Act to amend the Constitution Act, 1867 (representation in the House of Commons)

Summary#

This bill would change the Constitution to guarantee that Quebec holds at least 25% of the seats in the House of Commons. It adds a new rule to section 51 so that, after the usual seat-allocation rules are applied, extra Quebec seats are added if needed to reach the 25% floor (Bill, s.51 amendment). The preamble cites past House motions recognizing Quebec’s distinct status and relies on Parliament’s power to amend the Constitution as it relates to the House (Constitution Act, 1982, s.44; Bill, Preamble).

  • Quebec’s share of seats could not drop below 25% of the House (Bill, s.51 amendment).
  • If Quebec’s share would be under 25%, new Quebec seats would be added; total House seats would increase (Bill, s.51 amendment).
  • Non‑Quebec provinces would keep their seat counts from the regular rules; their share of the House could shrink because the total goes up (Bill, s.51 amendment).
  • The change would apply during each post‑census redistribution (Constitution Act, 1867, s.51).

What it means for you#

  • Households and voters in Quebec

    • Quebec would have at least 25% of all MPs. If regular rules give Quebec less, new Quebec ridings would be created to meet the floor (Bill, s.51 amendment).
    • Constituency sizes in Quebec would be smaller on average than in other provinces whenever its population share is below 25% (Bill, s.51 amendment).
    • Timing: applies in each redistribution following a national census (Constitution Act, 1867, s.51).
  • Households and voters in other provinces

    • Your province’s seat count would still be set by the regular formula and existing floors (including the “senatorial clause”) (Constitution Act, 1867, s.51, s.51A).
    • If Quebec needs added seats, the total number of MPs would rise, so your province’s share of the House could fall even if its seat count does not change (Bill, s.51 amendment).
  • Political parties and candidates

    • Parties would need to plan for a larger House if Quebec requires added seats. The number of seats needed for a majority would increase when total seats increase (Bill, s.51 amendment).
    • Campaign resources may shift toward additional Quebec ridings.
  • Elections administrators

    • Boundary commissions would draw extra Quebec districts when required, and Elections Canada would run elections for a larger total number of MPs in those cases (Bill, s.51 amendment).
  • Example: current configuration

    • Today the House has 338 seats, of which Quebec holds 78 (about 23.1%). A 25% floor on a 338‑seat House is 85 seats, but adding Quebec seats also raises the House total. The smallest solution is +9 Quebec seats, yielding 87 Quebec seats out of 347 total (87/347≈25.1%). This illustration shows the mechanism; the bill does not set a fixed number (Bill, s.51 amendment).

Expenses#

Estimated net cost: Data unavailable (would rise in years when Quebec seats are added).

  • Direct appropriations in the bill: None (Bill text).
  • Ongoing costs: Each added MP entails salary, office, staff, travel, and pension costs; total depends on how many seats are added in a given redistribution. Data unavailable.
  • One‑time costs: Additional work for boundary commissions and Elections Canada when creating new Quebec ridings. Data unavailable.
  • Frequency: Costs would occur only in redistributions where Quebec needs added seats to reach 25% (Constitution Act, 1867, s.51; Bill, s.51 amendment).

Proponents' View#

  • Protects Quebec’s representation as a “distinct society” and as a “nation within a united Canada,” consistent with past House motions (Bill, Preamble).
  • Uses Parliament’s authority to amend the Constitution regarding the House of Commons under section 44 (Bill, Preamble; Constitution Act, 1982, s.44).
  • Builds on existing floors that already temper strict representation by population, such as the senatorial clause ensuring no province has fewer MPs than Senators (Constitution Act, 1867, s.51A).
  • Provides stability and predictability: Quebec’s share will not decline below 25%, simplifying long‑term planning for national representation (Bill, s.51 amendment).
  • Minimal disruption to other provinces: their seat counts continue to follow existing rules; only Quebec gains additional seats when needed (Bill, s.51 amendment).

Opponents' View#

  • May breach the constitutional “principle of proportionate representation of the provinces,” which is protected by the general amending formula requiring provincial consent (Constitution Act, 1982, s.42(1)(a), s.38). Legal risk of court challenge.
  • Creates lasting over‑representation for Quebec when its population share is below 25%, reducing relative representation for faster‑growing provinces (Bill, s.51 amendment).
  • Increases the size of the House in some redistributions, raising ongoing operating costs for Parliament; no cost estimate is provided (Bill text; Data unavailable).
  • Adds complexity for boundary commissions and election administration in Quebec when new ridings must be created on top of regular rules (Constitution Act, 1867, s.51; Bill, s.51 amendment).
  • Sets a precedent for guaranteed provincial shares, which could prompt similar demands from other provinces and complicate future redistributions (Bill, s.51 amendment; Constitution Act, 1867, s.51).
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