Scrapping fixed election dates in Canada is way to go
In theory, fixed election dates are meant to level playing field between opposition parties and government
Author of the article:Jay Goldberg
Published Nov 06, 2025 • 3 minute read
A man enters a WFCU Centre banquet hall in Windsor, Ont., on Thursday, Feb. 20, 2025, to cast an early vote for the provincial election during advance poll voting ahead of Feb. 27 Ontario election.
A man enters a WFCU Centre banquet hall in Windsor, Ont., on Thursday, Feb. 20, 2025, to cast an early vote for the provincial election during advance poll voting ahead of Feb. 27 Ontario election.
Fixed election dates have no place in Canadian democracy.
Late last month, Ontario Premier Doug Ford’s government introduced legislation to repeal fixed election dates in the province. If passed, it would make Ontario the second province this year, after Nova Scotia, to scrap its fixed election dates experiment.
Ford called Ontario’s fixed election date legislation, passed under the Dalton McGuinty Liberal government in 2005, a “fake law.”
Fixed election dates were a trend in Canadian politics. Provinces began passing such laws in the early 2000s, starting with British Columbia in 2001. At one point, every province and the federal government had them in place.
In theory, fixed election dates are meant to level the playing field between opposition parties and the government. They were designed to eliminate the unfair advantage of calling elections when the opposition was unprepared or bad news was looming.
Fixed election dates might have looked good on paper, but they don’t work in practice. That’s because premiers can still ask the lieutenant governor — the King’s representative in the province — to call an election, and that request is rarely denied.
That’s exactly what happened earlier this year. Ford asked Ontario’s lieutenant governor to call an election and she agreed. The King’s representative hasn’t refused a request for an election in nearly a century. When Ford asked, it was a done deal.
In other words, fixed election date laws have no teeth. There’s nothing to stop a premier or prime minister from calling an early election, despite what the legislation says. Given that reality, why keep up the illusion?
Ford’s move wasn’t unique. Prime Minister Mark Carney called an early election last spring. Former prime ministers Justin Trudeau and Stephen Harper both called early elections while fixed date legislation was on the books. The laws didn’t stop any of them.
These laws are also meaningless in minority situations, when elections are triggered by a government defeat in the legislature. Harper’s 2011 election is one such example.
Canada’s Constitution already sets out when elections must happen. As the Charter of Rights and Freedoms states: “No House of Commons and no legislative assembly shall continue for longer than five years from the date fixed for the return of the writs of a general election of its members.”
In other words, elections must be held within a five-year time frame.
Bringing in fixed election date laws was an attempt to regularize Canadian elections by mimicking the American model. Unlike Canada’s flexible parliamentary system, U.S. elections are set in stone, held every two or four years on fixed dates regardless of political circumstances. But that approach doesn’t jibe with our system of responsible government. In Canada, the incumbent government has always had the prerogative to trigger an election.
With no mechanism to enforce these laws or punish governments that ignore them, fixed election dates are little more than symbolic gestures. There’s no penalty for abandoning them, and history shows politicians won’t hesitate.
Premiers across the country, and the federal government, should follow Ford’s lead. If fixed election date laws don’t work — and clearly, they don’t — there’s no reason to keep them on the books.
If anything, these laws empower incumbents. Opposition parties plan around a set election date, but the government can call an election whenever it sees an advantage. That undermines the fairness these laws were supposed to promote.
Without fixed election date legislation in place, at least everyone knows to stay alert, that an election could happen at any time. That’s more honest than pretending the rules are binding when they aren’t.
It’s time to scrap fixed election date legislation and return to Westminster-style democratic norms. Keeping these laws only fuels public cynicism and confuses voters. Canada’s failed experiment should end now.
— Jay Goldberg is a fellow with the Frontier Centre for Public Policy.
Fixed election dates have no place in Canadian democracy. In theory, they dates are meant to level the political playing field. Read more.
torontosun.com