Chapter 4 The House of Commons and Its Members

We use the words “House of Commons” very often without pausing to reflect upon what those words mean…. The word “Commons” means the people. This is the house of the people. Sitting on both sides of this house and on both sides of the Speaker are representatives of every constituency of Canada. Collectively, those of us who meet in this chamber represent all Canadians. That is our responsibility; that is our duty.

GEORGE DREW, Leader of the Opposition

(Debates, June 4, 1956, p. 4644)

The House of Commons is the elected assembly of the Parliament of Canada. Its 338 Members are elected by popular vote at least once every five years.¹ For this purpose, the country is divided into electoral districts, also known as ridings or constituencies, and each is entitled to one seat in the House of Commons.

The Canadian electoral system is known as the single-member, simple-plurality voting system, or first-past-the-post system.² In this system, Canadian citizens 18 years of age or older are eligible to vote.³ Elections at the federal level are simultaneous and nationwide. Voting is by secret ballot, and an elector may vote only once⁴ and for only one person on the ballot. The candidate who obtains the most votes wins, even if he or she has received fewer than half of the votes.

The electoral process, rules regarding membership, and the number and distribution of seats are governed by various acts of Parliament. The main body of Canadian election law is found in the Canada Elections Act,⁵ which sets down the conditions in which parties and candidates engage in the election process and ensures the free expression of political choice by electors. The Representation Act, 1985,⁶ and the Electoral Boundaries Readjustment Act⁷ establish the processes for determining the number of Members each province is entitled to and the boundaries of each electoral district. The Constitution Act, 1867,⁸ and the Parliament of Canada Act⁹ include provisions governing membership in the House and the various responsibilities and obligations of Members. The Standing Orders of the House of Commons, the Conflict of Interest Code for Members of the House of Commons, the Code of Conduct for Members of the House of Commons: Sexual Harassment and the By-laws of the Board of Internal Economy also set down rules and regulations affecting the conduct and responsibilities of Members. These matters are discussed in detail in this chapter.

1.: Although the Constitution Act, 1867 (UK), 30 & 31 Vict, c 3, s 50, reprinted in RSC 1985, Appendix II, No 5 [Constitution Act, 1867] states that the duration of the House of Commons is five years, the Canada Elections Act, SC 2000, c 9, s 56.1 [Canada Elections Act] provides for a general election on the third Monday in October in the fourth calendar year following a previous election, subject to an earlier dissolution of Parliament. See also An Act to amend the Canada Elections Act, SC 2007, c 10. The first general election to be held pursuant to this provision in the Canada Elections Act was scheduled for Monday, October 19, 2009 (s 56.1(2)). However, the Thirty-Ninth Parliament was dissolved on September 7, 2008 (Proclamation Dissolving Parliament, SI/2008-105, (2008) C Gaz II, 1), and the 40th general election took place on October 14, 2008. The Fortieth Parliament was dissolved on March 27, 2011 (Proclamation Dissolving Parliament, SI/2011-32, (2011) C Gaz II, 1), and the 41st general election was held on May 2, 2011. The 42nd general election, held on October 19, 2015, was the first to take place on a fixed date as provided by the Act. For further information, see Chapter 8, “The Parliamentary Cycle”.
2.: For a description of various electoral systems, see Robert J. Jackson and Doreen Jackson, Politics in Canada: Culture, Institutions, Behaviour and Public Policy, 7th ed. (Toronto: Pearson Prentice Hall, 2009), pp. 429–37. In 2005, further to an order of reference of the House, the Standing Committee on Procedure and House Affairs recommended a process to engage citizens and parliamentarians in an examination of the electoral system (Forty-Third Report, presented to the House on June 22, 2005 (Journals, p. 958)). The government endorsed the Committee’s recommendations, although not the proposed timelines for the study (Government Response to the Forty-Third Report, tabled on October 7, 2005 (Journals, p. 1154)). The Thirty-Eighth Parliament was dissolved before the recommendations could be implemented.
3.: Canada Elections Act, supra note 1, s 3.
4.: Ibid., ss 7 and 163.
5.: Ibid.
6.: SC 1986, c 8 [Representation Act, 1985].
7.: RSC 1985, c E-3 [Electoral Boundaries Readjustment Act].
8.: Constitution Act, 1867, supra note 1.
9.: RSC 1985, c P-1 [Parliament of Canada Act].

For questions about parliamentary procedure, contact the Table Research Branch

613-996-3611

trbdrb@parl.gc.ca