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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 governors, on the advice of the relevant premier; and the territorial 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 writs of election. 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, an election must be called by the 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.〔("House Government Bill C-16: An Act to Amend the Canada Elections Act," ) Parliament of Canada, accessed 11 October 2003.〕 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.〔(【引用サイトリンク】 title=Fixed election dates in Canada )〕 During the legislative process, the Liberal-dominated 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, led by Prime Minister Stephen Harper's Conservatives, rejected the amendment and the Senate did not pursue it. 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." 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.〔 This situation was illustrated by the dissolution of parliament at Harper's request on September 7, 2008. This led Democracy Watch to initiate proceedings in federal court against the 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 "()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". 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 October 2008 (after an early election call) and May 2011 (after a vote of non-confidence), the 41st parliament was the first to reach its maximum life under the revised law. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Fixed election dates in Canada」の詳細全文を読む スポンサード リンク
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