Vicki Huntington, MLA

(Delta South) Parliament Buildings Victoria, BC V8V 1X4 Website: www.vickihuntington.ca Email: vicki.huntington.mla@leg.bc.ca

Bob Simpson, MLA

(Cariboo North) Parliament Buildings Victoria, BC V8V 1X4 Website: www.bobsimpsonmla.ca Email: bob.simpson.mla@leg.bc.ca

John van Dongen, MLA

(Abbotsford South) Parliament Buildings Victoria, BC V8V 1X4 Website: www.johnvandongen.ca Email: john.vandongen.mla@leg.bc.ca

1. Move the Fixed Election Date The fixed spring election date interferes with budget analysis and encourages scepticism about election year budgets. Recommendation: Move the fixed election date to the first Tuesday of October, beginning in 2017. 2. Campaign Finance Reform BC has no restrictions on political donations from corporations, unions, and non-residents. Stricter donation rules will reduce the possibilities for undue influence on BCs political process. Recommendation: Ban corporate and union donations and allow only BC residents to donate to political parties and candidates. 3. Elections BC Oversight The leader of any political party can become BCs premier. We need assurances that the leadership process within political parties is conducted in a transparent and democratic manner.

Election Reform

Democratic Reform Agenda

BACKGROUNDER

February 6, 2013

Legislative Reform

Recommendation: Party leadership contests should be run by Elections BC.

1. Election of Speaker by Secret Ballot The Speaker has an important role that requires impartiality and the support of the entire Legislative Assembly. In practice, the Premier and party leadership often collaborate to select the Speaker. Recommendation: Enforce the existing rules for electing the Speaker by secret ballot to ensure all MLAs have a vote and that the Speakers office is a function of the Legislative Assembly, not government. 2. Empower Legislative Committees Legislative committees have limited powers and rarely meet. BC needs standing committees that allow MLAs to contribute more meaningfully to the governance of the province. Recommendation: Change the existing select standing committees to permanent standing committees that meet year-round and act independently. These committees should reflect all public policy fields. Establish terms of reference that successive governments cannot tamper with. 3. Free Votes in the Legislature MLAs within a party caucus are pressured to put their partys policies ahead of their constituents interests when casting votes in the Legislature. This practice undermines the role of individual MLAs. Recommendation: Relax party discipline so that MLAs can cast free votes in the Legislature on nonconfidence matters, without fear of repercussions.

Vicki Huntington, MLA

Discussion

(Delta South) Parliament Buildings Victoria, BC V8V 1X4 Website: www.vickihuntington.ca Email: vicki.huntington.mla@leg.bc.ca

Bob Simpson, MLA

(Cariboo North) Parliament Buildings Victoria, BC V8V 1X4 Website: www.bobsimpsonmla.ca Email: bob.simpson.mla@leg.bc.ca

John van Dongen, MLA

(Abbotsford South) Parliament Buildings Victoria, BC V8V 1X4 Website: www.johnvandongen.ca Email: john.vandongen.mla@leg.bc.ca

Move the Fixed Election Date Canada, Saskatchewan, Newfoundland, Ontario, Manitoba, the Northwest Territories, PEI, and New Brunswick all hold fixed fall elections. Alberta is the only other province with a fixed spring election. See Figure 1 for details.

In 1995, BC Reform leader Jack Weisgerber proposed an amendment to the Election Act to bring in a fixed fall election date. Current MLAs John van Dongen, Linda Reid, and Mike de Jong voted in favour of the amendment, which was defeated. In 2001, the BC Liberals introduced legislation to hold fixed elections every four years on the second Tuesday of May, beginning in 2005. In 2004, Premier Gordon Campbell said the election date should be moved to the fall following the 2005 contest, to allow the public to see the Auditor Generals report on the budget prior to future elections. (Source) A 2009 government panel chaired by Douglas Enns recommended that the fixed election date move so that there is time in an election year to complete the budget debate and pass the Supply Act before the legislature is dissolved. (Source) NDP MLA Mike Farnworth has spoken in favour of fall elections, because the budget would be passed by the fall and a new government wouldn't have to recall the legislature. (Source) Liberal MLA George Abbott said he would be willing to move future elections to the fall, but only with all party agreement. (Source)

Campaign Finance Reform There are currently no restrictions on corporate and union donations in BC, and non-residents are able to contribute to BC contests. (Source) PEI, New Brunswick, the Yukon, and Newfoundland and Labrador also allow corporate, union, and non-resident donations. Corporate and union donations are banned in federal politics and in Quebec, Manitoba, and Nova Scotia. Provinces and territories that havent banned corporate and union donations often require those donors to be active in the province or territory. See Figure 2. Over 60 per cent of the BC Liberals 2011 donations came from corporations ($5.5 million out of $9 million). The BC NDP had $865,000 in labour donations in 2011 and $230,000 in corporate donations, out of $4.4 million in total donations. (Source) In 2005 and 2008, the BC NDP introduced Members Bills to ban corporate and union donations. They included a ban in their 2009 platform, and they reintroduced legislation in 2010. (Source) NDP MLA Bruce Ralston recently said a ban is under active consideration by the party. (Source)

Independent MLA Bob Simpson introduced a Members Bill in 2011 to ban corporate and union donations and limit individual donations to $1,000 a year from registered voters. (Source) The BC Conservatives platform includes a ban on corporate and union donations. (Source) The BC Green Party is committed to banning corporate and union donations, capping individual donations at $2,000, and introducing per-vote subsidies. (Source)

Elections BC Oversight During the 2011 NDP and Liberal leadership campaigns, both contests generated controversy in the media due to irregularities. In 2011, MLA Harry Lali proposed Elections BC oversight for party leadership contests. (Source) Fellow candidate Mike Farnworth said Elections BC-monitored nominations should be considered to avoid any process that casts doubt upon the integrity of our party. (Source) During the 2006 federal election campaign, the Conservatives pledged to amend the Canada Elections Act to ensure that party nomination and leadership races are conducted in a fair, transparent, and democratic manner. (Source)

Election of Speaker by Secret Ballot Prior to 1994, a Government member nominated the Speaker on the first day of the first sitting of a new Parliament. In keeping with tradition, the Opposition seconded the motion. Independent MLA David Mitchell introduced legislation to elect the Speaker by secret ballot in 1992, 1993, and 1994. (Source) The standing orders were amended to elect the Speaker by secret ballot on a 1994 motion. Premier Mike Harcourt said the change takes the choice of Speaker out of the hands of the Premier and places the election of the Speaker in the hands of the Members of this Legislative Assembly. MLAs Mike Farnworth, Harry Lali, and Leonard Krog voted in favour of the motion. Emery Barnes was elected Speaker. (Source) The current Standing Orders state that the election of the Speaker is to be conducted by secret ballot. Any Member who does not wish to be considered for election to the Office of Speaker shall advise the Clerk of the House in writing no later than 6:00 pm on the day preceding the election of the Speaker. Votes are counted by the Clerk. If there is only one candidate, he or she is declared Speaker. (Source) Out of five possible opportunities, BC has had two elected Speakers and three acclaimed Speakers. In 1996 there was only a single candidate. (Source) In 2001 there were two candidates, and Claude Richmond was elected by secret ballot. (Source) In 2005, Premier Gordon Campbell designated Bill Barisoff as his nominee for Speaker as part of his Cabinet announcement. No other candidates stood against Barisoff when the Legislature reconvened. (Source) On June 10, 2009, Bill Barisoff was again named the Governments nominee for Speaker as part of the Cabinet announcement. The House did not reconvene until August 25th, and once again no candidates stood against Barisoff. All Canadian jurisdictions apart from Nunavut and the Yukon elect their Speaker by secret ballot. Conservative MP Andrew Scheer was elected Speaker in 2011 against seven other candidates.

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Empower Legislative Committees With narrow terms of reference, Select Standing Committees may only examine a specifically referred issue or documents. Government is not obliged to react to committee reports within the House, and committees may not issue dissenting/minority reports or set their own agendas. With the exception of Public Accounts, Finance and Government Services, and Children and Youth, the standing committees rarely convene. In 1996, the Public Accounts Committee recommended ending the routine dissolution of committees during prorogation at the start of each session so that they would have more room to meet between sessions and could carry outstanding business from one session to the next. (Source) In 2011, Independent MLA Vicki Huntington wrote about improving the committee process, suggesting that committees be empowered to set their own agendas, have regular meetings, review legislation, and have committee reports accepted and debated in the House. (Source) In 2011, MLA Vicki Huntington responded to a request from Premier Christy Clark by providing a proposed Terms of Reference for a special committee on legislative reform. BC Liberal MLA Linda Reid issued a variety of recommendations for committee reform in 2011. Her recommendations included referring legislation to smaller committees for review, referring estimates to new sectoral committees, and/or establish a standing committee for estimates. (Source) In Westminster, committee chairs are elected by the House rather than by party appointment. This change was proposed in 2009 and was intended to strengthen the independence of the committee system by ensuring chairs receive their mandate from the public, not party leaders.

Free Votes in the Legislature Social Credit leader Jack Weisgerber introduced a Free Votes Enabling Act in 1992 and 1993, which would have declared all but fundamental policy or money bills or other confidence matters to be free votes. (Source) Gordon Campbell spoke about the need for free votes in 1994, saying People across this province expect to hear their communities represented in public debate, as opposed to hearing only the voices of the executive council, while the rest of the back bench marches in unison to assure that their public relations gimmicks are put through. (Source) The BC Liberals committed to allowing free votes on non-confidence motions following the 2001 election. Three MLAs took advantage of this freedom in the first year. In 2007, Blair Lekstrom, Dennis Mackay, and Dan Jarvis exercised their freedom to vote against ratification of the Tsawwassen First Nation Treaty. NDP MLA Michael Sather was suspended for announcing his intentions to vote against ratification. NDP MLAs Guy Gentner and Corky Evans absented themselves instead of voting against their caucus. Then-NDP House Leader Mike Farnworth said The only reason you had Liberals standing up and voting against it is because they werent able to whip their own caucus into line. (Source) Page 4

Figure 1
Fixed Election Dates in Canada Fixed Election Date Federal Saskatchewan Newfoundland Ontario Manitoba NWT PEI New Brunswick BC Alberta 3rd Monday in October every 4 yrs. 1st Monday in November every 4 yrs. 2nd Tuesday in October every 4 yrs. 1st Thursday in October every 4 yrs. 1st Tuesday in October every 4 yrs. 1st Monday in October every 4 yrs. 1st Monday in October every 4 yrs. 4th Monday in September every 4 yrs. 2nd Tuesday in May every 4 yrs. Between March 1 and May 31 every 4 yrs. 3 Tuesday of the following April if there is a federal conflict
rd

Exceptions

1 Monday of the following April if there is a federal conflict

st

Figure 2
Political Donation Rules in Canada Individuals Who Can Donate Federal Quebec Manitoba Nova Scotia NWT Nunavut Ontario Canadian residents or citizens Quebec electors Individuals normally residing in Manitoba Nova Scotia residents NWT residents Nunavut residents Ontario residents Donation Limits $1,100 annually $100 annually $3,000 annually $5,000 annually $1,500 annually $2,500 annually $9,300/yr to parties + additional for constituencies. Max = $15,500 /yr $15,000 annually, $30,000 for campaign period No limits $6,000 annually No limits No limits No limits No limits Corporate and Union Donations BANNED BANNED BANNED BANNED PERMITTED PERMITTED PERMITTED

Alberta Saskatchewan New Brunswick B.C. PEI Newfoundland Yukon

Alberta residents Canadian residents or citizens Residents and non-residents Residents and non-residents Residents and non-residents Residents and non-residents Residents and non-residents

PERMITTED PERMITTED PERMITTED PERMITTED PERMITTED PERMITTED PERMITTED

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