Examine individual changes

'{{Use mdy dates|date=April 2012}} In [[Canada]], some jurisdictions have passed legislation fixing election dates, so that elections occur on a more regular cycle (usually every four years) and the date of a forthcoming election is publicly known. However, the [[Governor General of Canada]], on the advice of the [[Prime Minister of Canada]]; the provincial [[Lieutenant Governor (Canada)|lieutenant governors]], on the advice of the relevant [[premier]]; and the territorial [[Commissioner#Canadian territories|commissioners]] do still have the constitutional power to, on the advice of the relevant premier, call a [[general election]] at any point before the fixed date. [[By-elections]], used to fill vacancies in a legislature, are also not affected by fixed election dates. ==Federal== The [[Constitution Act, 1867]], fixes the maximum life of a federal parliament at five years following the return of the [[Writ of election|writs of election]].<ref>{{Cite journal| last=Victoria| author-link=Queen Victoria| publication-date=March 29, 1867| title=Constitution Act, 1867| series=IV.50| publication-place=Westminster| publisher=Queen's Printer| url=http://www.solon.org/Constitutions/Canada/English/ca_1867.html| accessdate=January 15, 2009| year=1867}}</ref> [[Section Five of the Canadian Charter of Rights and Freedoms]] provides that there must be sittings of parliament and of each legislative assembly at least once in every twelve-month period. By [[Constitutional convention (political custom)|constitutional convention]], an election must be called by the [[Governor General of Canada|governor general]] following the mandatory dissolution of parliament. The [[39th Canadian Parliament]] passed Bill C-16, An Act to Amend the [[Canada Elections Act]], which received [[Royal Assent]] on May 3, 2007.<ref>[http://www.parl.gc.ca/LegisInfo/BillDetails.aspx?Bill=C16&Language=E&Mode=1&Parl=39&Ses=1 "House Government Bill C-16: An Act to Amend the Canada Elections Act,"] Parliament of Canada, accessed October 11, 2003.</ref> It requires that each general election take place on the third Monday in October in the fourth calendar year after the previous poll, starting with October 19, 2009.<ref name=nodice>{{cite web| url=http://www.electionalmanac.com/articles/fixedelectiondates.php| title=Fixed election dates in Canada| publisher=Election Almanac| accessdate=May 19, 2008}}</ref><ref name=fed_bill>{{cite web| url=http://www2.parl.gc.ca/HousePublications/Publication.aspx?Docid=2475836&file=4| last=Parliament of Canada| title=Bill C-16, An Act to amend the Canada Elections Act| date=November 6, 2006| publisher=Queen's Printer for Canada| accessdate=August 31, 2008}}</ref><ref name=fed_law>{{cite web| url=http://laws.justice.gc.ca/en/showdoc/cs/E-2.01/bo-ga:l_5//en#anchorbo-ga:l_5| title=Canada Elections Act| last=Elizabeth II| authorlink=Elizabeth II| date=July 27, 2008| publisher=Queen's Printer for Canada| accessdate=August 30, 2008}}</ref> During the legislative process, the [[Liberal Party of Canada|Liberal]]-dominated [[Senate of Canada|Senate]] added an amendment listing conditions under which an election date could be modified, in order to avoid clashes with religious holidays, municipal elections, and referenda, but the [[House of Commons of Canada|House of Commons]], led by [[Prime Minister of Canada|Prime Minister]] [[Stephen Harper]]'s [[Conservative Party of Canada|Conservatives]], rejected the amendment and the Senate did not pursue it.<ref name=fed>{{cite news| url=http://www.cbc.ca/canada/story/2007/05/02/fixed-elections.html| title=Bill setting federal elections every 4 years about to become law| date=May 2, 2007| publisher=CBC| accessdate=May 19, 2008}}</ref> When introducing the legislation, Harper stated that "fixed election dates prevent governments from calling snap elections for short-term political advantage. They level the playing field for all parties and the rules are clear for everybody."<ref>{{cite news| url=http://www.cbc.ca/news/canada/harper-promises-law-to-set-election-date-every-four-years-1.615777| title=Harper promises law to set election date every four years| date=May 26, 2006| publisher=CBC| accessdate=September 19, 2014}}</ref> However, despite the amendments to the legislation, the prime minister is still free to request an election at any time. As the Bill C-16 amendments to the Canada Elections Act clearly state "Nothing in this section affects the powers of the Governor General, including the power to dissolve Parliament at the Governor General's discretion", the change effectively altered only the maximum duration of a parliament by ensuring that it ends no later than October of the fourth calendar year after its commencement, while leaving the possibility of an earlier end unaffected.<ref name=fed_bill /> This situation was illustrated by the dissolution of parliament at Harper's request on September 7, 2008. This led [[Democracy Watch (Canada)|Democracy Watch]] to initiate proceedings in federal court against the [[Queen-in-Council|Crown-in-Council]], the Prime Minister of Canada, and the Governor General of Canada, challenging the decision to call an election prior to the fixed election date. Judge Michel M.J. Shore dismissed the matter, saying the applicants who launched the suit "do not demonstrate a proper understanding of the separation of powers," since "[t]he remedy for the applicant's contention is not for the Federal Court to decide, but rather one of the count of the ballot box".<ref>{{Citation| url=http://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/57094/index.do?r=AAAAAQAPRGVtb2NyYWN5IFdhdGNoAAAAAAE| title=Conacher v. Canada (Prime Minister)| date=September 17, 2009| publisher=Federal Court of Canada| accessdate=September 19, 2014}}</ref> The court effectively found that the fixed election dates were not binding on the prime minister or legally enforceable by the courts. With elections being held in [[Canadian federal election, 2008|October 2008]] (after an early election call) and [[Canadian federal election, 2011|May 2011]] (after a vote of non-confidence),<ref>{{Citation| url=https://www.thestar.com/news/canada/article/985536--brace-yourself-back-to-back-elections-likely-in-2015| last=Millar| first=Sarah| title=Brace yourself: Back-to-back elections likely in 2015| date=May 4, 2011| newspaper=Toronto Star| accessdate=August 28, 2011}}</ref><ref>{{cite news| url=http://www.canada.com/news/Federal+election+could+overlap+with+least+provincial+votes/5273954/story.html| last=Harris| first=Kathleen| title=Federal election could overlap with at least two provincial votes| date=August 18, 2011| publisher=canada.com| accessdate=August 28, 2011}}</ref><ref>{{Citation| url=https://www.theglobeandmail.com/news/politics/tories-to-add-more-seats-in-commons-for-ontario-bc-alberta/article2044083/| last=Ibbitson| first=John| title=Tories to add more seats in Commons for Ontario, B.C., Alberta| date=June 2, 2011| newspaper=The Globe and Mail| accessdate=August 28, 2011}}</ref> the [[41st Canadian Parliament|41st]] parliament was the first to reach its maximum life under the revised law. ==Provincial== ===Alberta=== The [[Legislative Assembly of Alberta]], with the [[Progressive Conservative Association of Alberta]] holding a majority, passed the 2011 Election Amendment Act on December 6, 2011.<ref>{{cite web|title=Bill 21: Election Amendment Act, 2011 (Olson)|url=http://www.assembly.ab.ca/net/index.aspx?p=bills_status&selectbill=021|publisher=The Legislative Assembly of Alberta|accessdate=December 7, 2011}}</ref> It legislated that a general election would be held between March 1 and May 31, 2012, and in the same three-month period in the fourth calendar year thereafter.<ref>{{cite web|title=Bill 21, Election Amendment Act, 2011|url=http://www.assembly.ab.ca/ISYS/LADDAR_files/docs/bills/bill/legislature_27/session_4/20110222_bill-021.pdf|publisher=The Legislative Assembly of Alberta|accessdate=December 7, 2011|date=December 6, 2011}}</ref> On April 7, 2015, Premier [[Jim Prentice]] requested an early dissolution of the legislature, making the [[Alberta general election, 2015|29th Alberta general election]] on May 5 of the same year, instead of taking place in 2016 as fixed by the 2011 act. ===British Columbia=== [[British Columbia]] was the first jurisdiction in Canada to adopt fixed election dates, doing so in 2001. The Constitution Act called for an election on May 17, 2005, and the second Tuesday in May every four years afterwards. In the fall of 2017, the legislature passed amendments to the constitution act that changed the fixed election date from The second Tuesday of May to the third Saturday of October.<ref>{{cite web|publisher=[[Commission on Legislative Democracy]]|url=http://www.gnb.ca/0100/Doc/fact2fixed-e.pdf|format=PDF|title=Facts on...Fixed Election Dates|accessdate=July 1, 2009}}</ref> ===Manitoba=== The [[Legislative Assembly of Manitoba]] passed acts in 2008 so as to stipulate that an election will be held on the first Tuesday in October in the fourth calendar year after election day;<ref>{{cite web|title=A Set Date for General Elections|url=http://www.electionsmanitoba.ca/en/|accessdate=March 28, 2011|author=Elections Manitoba|authorlink=Elections Manitoba}}</ref> the first was in October 2011. The act also includes a provision to move the election if, as of January 1 of the election year, the election period would otherwise overlap with a federal election period; the provincial election is to be postponed until the third Tuesday of the following April.<ref>Elections Act, sec. 49.1(3).</ref> ===New Brunswick=== [[New Brunswick]] amended the Legislative Assembly Act in 2007, causing an election to be held every four years, on the fourth Monday in September, the first was September 2010.<ref>{{cite web|title=An Act to Amend the Legislative Assembly Act|url=http://www1.gnb.ca/legis/bill/editform-e.asp?ID=555&legi=56&num=1|accessdate=March 28, 2011|author=Legislative Assembly of New Brunswick}}</ref> ===Newfoundland and Labrador=== The [[Legislative Assembly of Newfoundland and Labrador]], with a majority held by the [[Progressive Conservative Party of Newfoundland and Labrador|Progressive Conservative Party]] headed by [[Danny Williams (politician)|Danny Williams]], passed legislation in 2004, fixing the date of elections in [[Newfoundland and Labrador]]. General elections in the province are required to be held on the second Tuesday in October every four years, the first fixed date election occurred on [[Newfoundland and Labrador general election, 2007|October 9, 2007]]. In the event that a premier leaves office while the legislature is summoned, the new premier is required to, within 12 months of being appointed, advise the [[Lieutenant Governor of Newfoundland and Labrador|lieutenant governor]] to call an election.<ref>{{cite web|title=Bill 40 An Act To Amend The House Of Assembly Act And The Elections Act, 1991|url=http://www.assembly.nl.ca/business/bills/Bill0440.htm|publisher=Government of Newfoundland and Labrador|accessdate=December 7, 2011}}</ref> ===Nova Scotia=== Nova Scotia is the only province without fixed election date legislation. ===Ontario=== In [[Ontario]], the legislature, with a majority held by [[Dalton McGuinty]]'s [[Liberal Party of Ontario|Liberal]]s, 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. However, the Act does not prevent the [[Lieutenant Governor of Ontario]] from dissolving the legislature "when the Lieutenant Governor sees fit".<ref>{{cite web|url=http://www.e-laws.gov.on.ca/html/source/statutes/english/2005/elaws_src_s05035_e.htm|accessdate=May 19, 2008|title=Election Statute Law Amendment Act, 2005|date=December 15, 2005|publisher=Service Ontario e-laws}}</ref> The law also allows the date to be moved forward to any of the seven days following the first Thursday of October in the case of religious or culturally significant holidays: the 2007 election was moved from October 4 to 10 to avoid the [[Judaism|Jewish]] holiday of [[Shemini Atzeret]].<ref>{{cite news|publisher=CBC News|date=February 7, 2007|url=http://www.cbc.ca/canada/toronto/story/2007/02/07/ont-election.html|accessdate=May 19, 2008|title=Ontario 'fixed' election date moved off Jewish holiday}}</ref> As of December 2016, the Elections Act was amended, scheduling all subsequent provincial elections for "the first Thursday in June in the fourth calendar year following polling day in the most recent general election". This amendment will result in the next provincial election occurring on June 2nd, 2022. ===Prince Edward Island=== In 2007, [[Pat Binns]]' [[Progressive Conservative Party of Prince Edward Island|Progressive Conservatives]] (PCs) introduced a bill for fixed election dates, but an [[Prince Edward Island general election, 2007|election]] was called before the bill could pass the legislature. Since the PCs had previously defeated a similar [[Liberal Party of Prince Edward Island|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."<ref>{{cite news|url=http://www.cbc.ca/canada/prince-edward-island/story/2007/04/20/ghiz-electiondates.html|publisher=CBC News|title=Opposition supports fixed election dates|date=May 20, 2007|accessdate=May 19, 2008}}</ref> However, when the Liberal Party held a majority in the legislative assembly, an act was in 2008 passed to amend the election act, mandating an election would be held every four years on the first Monday in October. ===Quebec=== The [[Quebec]] legislature passed a bill which received Royal Assent on June 14, 2013, that establishes fixed election dates held on the first Monday in October of the fourth calendar year following the dissolution of the legislature.<ref>{{cite web| url=http://www.assnat.qc.ca/en/travaux-parlementaires/projets-loi/projet-loi-3-40-1.html| title=Bill n°3: An Act to amend the Election Act for the purpose of establishing fixed-date elections| publisher=National Assembly of Québec| accessdate=July 19, 2013}}</ref> It also includes a provision to move the election to the first Monday of April in the fifth year, if the election period overlaps with a federal or municipal election period. Had the National Assembly not been dissolved earlier and the federal and municipal elections remained as scheduled, the first fixed date election would have been held on October 3, 2016. However, on March 5, 2014, just over 18 months after the previous election, the assembly was dissolved by [[Lieutenant Governor of Quebec|Lieutenant Governor]] [[Pierre Duchesne]] at the request of [[Premier of Quebec|Premier]] [[Pauline Marois]], who headed a minority government.<ref>{{cite web|title=Quebec Election 2014: Pauline Marois Sets Date For April 7|url=http://www.huffingtonpost.ca/2014/03/05/quebec-election-date-2014-pauline-marois_n_4901751.html|publisher=[[The Huffington Post]]|accessdate=March 5, 2014|date=March 5, 2014}}</ref> This means that the first fixed date election is scheduled for Monday, October 1, 2018. ===Saskatchewan=== The [[Legislative Assembly of Saskatchewan]] amended The Legislative Assembly and Executive Council Act in 2007 so as to stipulate that an election will be held on the first Monday of November in the fourth calendar year following the previous election;<ref>{{cite web|title=Legislation Introduced To Set Fixed Election Dates|url=http://www.gov.sk.ca/news?newsId=f3e99177-fd1b-4544-9d63-ac9833f16f1b|accessdate=March 28, 2011|author=Government of Saskatchewan|date=December 18, 2007}}</ref> the first was in November 2011. The act also includes a provision to move the election if the election period would otherwise overlap with a federal election period; the provincial election is to be postponed until the first Monday of the following April.<ref>{{cite web|title=The Legislative Assembly and Executive Council Act, 2007|url=http://www.qp.gov.sk.ca/documents/English/Statutes/Statutes/L11-3.pdf|publisher=The Queen's Printer (Saskatchewan)|accessdate=September 5, 2013|year=2012}}</ref> ==Territorial== As is the case with the territories in Canada being structurally distinct from the provinces, territorial commissioners act as appointees of the federal [[Governor-in-Council]] and not as [[viceroy]]s. Thus, writs of election in the territories are made by federal [[Order-in-Council]], as no Lieutenant-Governor-in-Council exists in Yukon, the Northwest Territories, or Nunavut, in contrast to the provinces ===Northwest Territories=== The [[Northwest Territories]]' Elections and Plebiscite 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.<ref>{{cite news|url=http://www.cbc.ca/nwtvotes2007/features/features-fixed-date.html|title=Fixed election date in the N.W.T.: What does it mean, and why?|first=Donna|last=Lee|date=September 25, 2007|accessdate=May 19, 2008|publisher=CBC News}}</ref> ===Nunavut=== The date for the [[Nunavut general election, 2013|4th Nunavut general election]], held in 2013, was set almost a year prior.<ref>{{cite journal|title=Nunavut Gazett|date=November 13, 2013|volume=14|series=II|issue=11|page=89|url=http://www.justice.gov.nu.ca/apps/authoring/dspPage.aspx?page=NUNAVUT+GAZETTE+PAGE&year=2012|accessdate=September 18, 2013}}</ref> The following year the legislative assembly amended the Nunavut Elections Act to mandate an election be held on the last Monday in October in the fourth calendar year following the previous election day.<ref>{{cite web|title=An Act to Provide for a Fixed Election Date|url=http://www.nunavutlegislation.ca/iu/download/file/fid/7478|publisher=Nunavut Legislation|accessdate=June 29, 2017|date=March 19, 2014}}</ref><ref>{{cite web|title=Nunavut MLAs opt for fixed election dates, code of conduct|url=http://www.nunatsiaqonline.ca/stories/article/65674nunavut_mlas_opt_for_fixed_election_dates_code_of_conduct/|publisher=NunatsiaqOnline|accessdate=June 29, 2017|date=February 24, 2014}}</ref> The first [[Nunavut general election, 2017|election to be held under these rules]] took place October 30, 2017. ===Yukon=== Yukon is the only territory without fixed election date legislation. While campaigning in 2016 the [[Yukon Liberal Party]], and leader [[Sandy Silver]], promised fixed election dates amongst other electoral reform.<ref>{{cite web|title=Yukon Liberals promise 'balanced approach,' transparency in government|url=http://www.cbc.ca/beta/news/canada/north/yukon-liberal-election-platform-released-1.3821401|publisher=CBC News|accessdate=July 18, 2017|date=October 25, 2016}}</ref><ref>{{cite web|last1=Forrest|first1=Maura|title=Liberals unveil complete election platform|url=http://www.yukon-news.com/news/liberals-unveil-complete-election-platform/|publisher=Yukon News|accessdate=July 18, 2017|date=October 26, 2016}}</ref><ref>{{cite web|title=Platform &#124; Electoral Process|url=http://www.ylp.ca/electoral_process_1|publisher=Yukon Liberals|accessdate=July 18, 2017}}</ref> The Liberal Party [[Yukon general election, 2016|was elected]] November 7, 2016. ==Next elections== Assuming that a government does not fall on a non-confidence vote and that the prime minister or premier does not request an early election, the fixed election date legislation requires the next election for each jurisdiction to be held on the following dates: {| class="wikitable sortable" |- bgcolor="#CCCCCC" ! Jurisdiction ! Election date |- |[[43rd Canadian federal election|Canada]] |{{dts|October 21, 2019}} |- |[[30th Alberta general election|Alberta]] |{{dts|format=hide|March 1, 2019}}Between March 1 and May 31, 2019 |- |[[42nd British Columbia general election|British Columbia]] |{{dts|October 16, 2021}} |- |[[42nd Manitoba general election|Manitoba]] |{{dts|October 6, 2020}} |- |[[New Brunswick general election, 2018|New Brunswick]] |{{dts|September 24, 2018}} |- |[[50th Newfoundland and Labrador general election|Newfoundland and Labrador]] |{{dts|October 8, 2019}} |- |[[24th Northwest Territories general election|Northwest Territories]] |{{dts|October 7, 2019}} |- |[[Next Nova Scotia general election|Nova Scotia]] |{{dts|format=hide|June 9, 2022}}''Assembly expires June 9, 2022'' |- |Nunavut |{{dts|October 25, 2021}} |- |[[43rd Ontario general election|Ontario]] |{{dts|June 9, 2022}} |- |[[66th Prince Edward Island general election|Prince Edward Island]] |{{dts|October 7, 2019}} |- |[[42nd Quebec general election|Quebec]] |{{dts|October 1, 2018}} |- |[[29th Saskatchewan general election|Saskatchewan]] |{{dts|November 2, 2020}} |- |[[39th Yukon general election|Yukon]] |{{dts|format=hide|November 14, 2021}}''Legislature expires November 14, 2021'' |} ''Italics'' indicates no fixed date legislation. ==References== {{Reflist|30em}} ==External links== *[http://www2.parl.gc.ca/parlinfo/compilations/provinceterritory/ProvincialFixedElections.aspx Parliament of Canada: Fixed-date elections in Canada] [[Category:Elections in Canada]]'