Electoral Boundaries Readjustment Act

An Act to provide for the establishment of electoral boundaries commissions to report on the readjustment of the representation of the provinces in the House of Commons and to provide for the readjustment of such representation in accordance therewith Short title This Act may be cited as the Electoral Boundaries Readjustment Act. Definitions In this Act, Chief Electoral Officer means the Chief Electoral Officer under the Canada Elections Act; (directeur général des élections) Chief Statistician means the Chief Statistician of Canada appointed under the Statistics Act; (statisticien en chef) commission, with respect to any decennial census, means the electoral boundaries commission for that census established for a province pursuant to section 3; (commission) Minister means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act; (ministre) report means the report prepared by a commission under section 20; (rapport) Speaker means the Speaker of the House of Commons. (Version anglaise seulement) Reference to a province or provinces In this Act, a reference to a province or to provinces does not include Yukon, the Northwest Territories or Nunavut. Commissions to be established For each decennial census, the Governor in Council shall establish by proclamation, published in the Canada Gazette, an electoral boundaries commission for each province before the earlier of the expiry of a period of 60 days after the day on which the Minister receives a return certified by the Chief Statistician under subsection 13(1), and the expiry of a period of six months after the first day of the month that is fixed by the Governor in Council under subsection 19(1) of the Statistics Act as the month in which the census is to be taken. Duties of the commissions The ten commissions established pursuant to subsection (1) shall consider and report on the readjustment of the representation of the provinces in the House of Commons required to be made on the completion of each decennial census. Constitution of commission Each commission for a province shall consist of three members, namely, a chairperson and two other members appointed as provided in sections 5 and 6. Appointment of chairperson The chairperson of the commission for a province shall be appointed by the chief justice of that province from among the judges of the court over which the chief justice presides or, after consultation with the chief justice of any other branch or division of that court or any other superior court in that province, from among the judges of that branch, division or superior court. Idem In the event that no judge referred to in subsection (1) is able or free to act as chairperson or where, for any other reason, no appointment is made under subsection (1) within the time provided therefor by this Act, the Chief Justice of Canada or, in the event of the absence or incapacity of the Chief Justice of Canada, the senior puisne judge of the Supreme Court of Canada shall make the appointment from among such persons resident in that province as he deems suitable. References A reference in subsection (1) to the chief justice of a province includes a reference to the acting chief justice of the province or any person performing for the time being the duties of the chief justice of the province. [Repealed, 1998, c. 15, s. 25] Appointment of other members The other two members of the commission for a province shall be appointed by the Speaker from among such persons resident in that province as the Speaker deems suitable. Reference to Speaker A reference in subsection (1) to the Speaker of the House of Commons includes a reference to any person performing for the time being the duties of the Speaker. Notice of appointment to be given On the making of any appointment under sections 5 and 6, the person making the appointment shall forthwith notify the Minister of the appointment. Proclamation to name members The proclamation establishing a commission shall name each of the members appointed to it. Deputy chairperson A commission may appoint one of its members as deputy chairperson, who shall, in the event of the absence or incapacity of the chairperson or if the office of chairperson is vacant, act as chairperson. Quorum and deciding vote At all meetings of a commission, two members of the commission constitute a quorum and, where at any meeting of a commission there is an equality of votes, the chairperson or person acting as chairperson has a deciding vote. Vacancy in membership A vacancy in the membership of a commission or in the office of chairperson does not impair the right of the remaining members to act, but where any such vacancy occurs it shall be filled within thirty days by appointment in the manner provided in sections 5 and 6, and the person making the appointment shall thereupon give notice of the appointment to the Minister who shall forthwith cause the appointment to be published in the Canada Gazette. Eligibility of members No person is eligible to be a member of a commission while that person is a member of the Senate or House of Commons or is a member of a legislative assembly or legislative council of a province. Remuneration Each of the members of a commission, other than a person in receipt of salary under the Judges Act, is entitled to be paid such daily allowance as may be fixed by the Governor in Council. Expenses Each of the members of a commission is entitled to be paid reasonable travel and living expenses incurred by the member while absent from his ordinary place of residence in the course of his duties as a member of the commission. Not agent of Her Majesty A commission is not an agent of Her Majesty and the members of a commission as such are not part of the federal public administration. Population estimates The Chief Statistician shall prepare the estimates of the population of Canada and of each province required by subsection 51(1.1) of the Constitution Act, 1867 and send them, without delay, to the Minister and to the Chief Electoral Officer along with the estimates of the population of each province that were prepared for the purpose of the readjustment following the completion of the preceding decennial census. Return of Chief Statistician As soon as possible after the completion of any decennial census, the Chief Statistician shall prepare and send to the Minister and to the Chief Electoral Officer a return certified by the Chief Statistician showing the population of Canada and of each of the provinces and the population of Canada by electoral districts and by dissemination areas as ascertained by that census. Copy of return sent to Chairperson and maps prepared The Chief Electoral Officer shall forthwith after the establishment, pursuant to section 3, of the commissions for the decennial census referred to in subsection (1), send a copy of the return referred to in that subsection to the chairperson of each of the commissions; and prepare maps showing the distribution of population in each province and thereupon supply such maps to the appropriate electoral boundaries commission. Duty to assist The Chief Statistician and the Department of Natural Resources shall make available their services and facilities, and render all other assistance that may be necessary, to the Chief Electoral Officer in order to enable the Chief Electoral Officer to discharge his or her duties under paragraph (2)(b). Calculation of members On receipt of the estimates referred to in section 12.1, the Chief Electoral Officer shall calculate the number of members of the House of Commons to be assigned to each province, subject and according to the provisions of section 51 of the Constitution Act, 1867 and the rules in that section, and on the completion of that calculation shall cause a statement to be published in the Canada Gazette setting out the results. Preparation of report After publication of the statement referred to in subsection (1), each commission for a province shall, in accordance with the calculation of the Chief Electoral Officer under subsection (1), prepare, with all reasonable dispatch, a report setting out its recommendations and the reasons therefor concerning the division of that province into electoral districts, the description of the boundaries of each district and the representation and name to be given thereto. Rules In preparing its report, each commission for a province shall, subject to subsection (2), be governed by the following rules: the division of the province into electoral districts and the description of the boundaries thereof shall proceed on the basis that the population of each electoral district in the province as a result thereof shall, as close as reasonably possible, correspond to the electoral quota for the province, that is to say, the quotient obtained by dividing the population of the province as ascertained by the census by the number of members of the House of Commons to be assigned to the province as calculated by the Chief Electoral Officer under subsection 14(1); and the commission shall consider the following in determining reasonable electoral district boundaries: the community of interest or community of identity in or the historical pattern of an electoral district in the province, and a manageable geographic size for districts in sparsely populated, rural or northern regions of the province. Departure from rules The commission may depart from the application of the rule set out in paragraph (1)(a) in any case where the commission considers it necessary or desirable to depart therefrom in order to respect the community of interest or community of identity in or the historical pattern of an electoral district in the province, or in order to maintain a manageable geographic size for districts in sparsely populated, rural or northern regions of the province, but, in departing from the application of the rule set out in paragraph (1)(a), the commission shall make every effort to ensure that, except in circumstances viewed by the commission as being extraordinary, the population of each electoral district in the province remains within twenty-five per cent more or twenty-five per cent less of the electoral quota for the province. Powers of commission In the performance of its duties under this Act, a commission has all of the powers of a person appointed as a commissioner under Part I of the Inquiries Act. Staff A commission may employ such technical advisers and other staff, including a person to provide administrative and secretarial services to the commission, as it deems necessary and, subject to the approval of the Treasury Board, may fix the salaries and expenses of such persons and prescribe the conditions of their employment. The Chief Statistician and the Department of Natural Resources shall make available their services and facilities, and render all other assistance that may be necessary, to a commission in order to enable the commission to discharge its duties under this Act. Rules of procedure A commission may make rules for regulating its proceedings and for the conduct of its business, and may provide therein for the conduct of any inquiry or hearing by one or more of its members. Sittings of commission; hearing of representations A commission may, in the performance of its duties under this Act, sit at such times and places in the province for which it is established as it deems necessary, except that before completing its report it shall hold at least one sitting in that province for the hearing of representations by interested persons. For greater certainty, any member of Parliament may make representations at any sittings held by a commission for the hearing of representations from interested persons. Notice to be given by public advertisement Notice of the time and place fixed by the commission for any sittings to be held by it for the hearing of representations from interested persons shall be given by advertisement published in the Canada Gazette and in at least one newspaper of general circulation in the province at least 30 days before the day on which the sittings commence. Advertisement to include certain information There shall be included in the advertisement referred to in subsection (2) a map or drawing prepared by the commission showing the proposed division of the province into electoral districts and indicating the population and name proposed to be given to each district and in the case of the advertisement published in the Canada Gazette, a schedule shall be included setting out a description of the proposed boundaries of each electoral district in the province, indicating the population and name proposed to be given to each such district; and in the case of the advertisement published in the newspaper, a notice shall be included indicating that a copy of the schedule referred to in paragraph (a) may be obtained, free of charge, on request by any person, from the commission at the address set out in the advertisement or from the Chief Electoral Officer at the address set out in the advertisement. Form and content of map or drawing Any map or drawing included in an advertisement pursuant to subsection (3) shall be in such form and contain such detail as, in the opinion of the commission, will be reasonably sufficient for the purpose for which the sittings referred to in the advertisement are to be held. Notice of representation to be given before sittings No representation shall be heard by a commission at any sittings held by it for the hearing of representations from interested persons unless notice in writing is given to the secretary of the commission within 23 days after the date of the publication of the last advertisement under subsection (2), stating the name and address of the person who seeks to make the representation and indicating concisely the nature of the representation and of the interest of the person. Exception Despite subsection (5), a commission may hear the representation without the notice having been given if the commission considers it to be in the public interest to do so. Time for completing report Each commission shall, not later than 10 months after the day on which the chairperson receives the copy of the return referred to in paragraph 13(2)(a), complete a report for presentation to the House of Commons setting out the considerations and proposals of the commission concerning the division of the province into electoral districts, the descriptions and boundaries of the districts and the population of and name to be given to each district and, on the completion of the report, shall cause two certified copies of the report to be transmitted to the Chief Electoral Officer. Extension of time The Chief Electoral Officer may, on request by a commission, extend the time for the completion of its report for a further period or periods not exceeding two months in the aggregate. Obligations of Chief Electoral Officer On receiving the certified copies referred to in section 20 of the report of any commission, the Chief Electoral Officer shall transmit one of the copies to the Speaker; and with the cooperation of the Department of Natural Resources and in accordance with the descriptions and definitions proposed in the report, prepare and print individual maps of each electoral district showing the proposed boundaries of each district, individual maps of each province showing the proposed boundaries of the electoral districts in the province, and individual maps of all cities and metropolitan municipalities, portions of which are in more than one proposed electoral district. Electronic version of maps The Chief Electoral Officer shall provide an electronic version of each map containing its digital geospatial data to each registered party, as defined in subsection 2(1) of the Canada Elections Act. Report to be referred to committee Subject to subsection (2), the Speaker shall cause the certified copy of the report that has been transmitted to him or her to be laid before the House of Commons and referred to the committee of the House of Commons that it may establish for the purposes of dealing with electoral matters without delay on receipt of the copy by the Speaker if Parliament is then sitting or, if Parliament is not then sitting, on any of the first five days of the next sitting of Parliament. Where report received during interval between sessions Where the copy referred to in subsection (1) of the report of any commission for a province is received by the Speaker during an interval between two sessions of Parliament, the Speaker shall forthwith cause the copy to be published in the Canada Gazette and a copy of that Canada Gazette to be sent by mail to each of the members of the House of Commons representing electoral districts in that province. Procedure where objection filed with Standing Committee If, within a period of thirty days from the day the copy of the report of any commission for a province is referred to the committee pursuant to subsection 21(1) or published pursuant to subsection 21(2), an objection in writing is filed with the clerk of the committee specifying the provisions of the report objected to and the reasons for the objection, the committee shall, within the first thirty days next after the expiration of that period that Parliament is sitting or within such greater period as the House of Commons may allow, take up the motion referred to in subsection (2), consider the matter of the objection and return the report to the Speaker together with a copy of the objection and of the minutes of proceedings of the committee with respect thereto. Form of objection An objection in writing under subsection (1) shall be in the form of a motion for consideration by the committee of the matter of the objection and signed by not less than ten members of the House of Commons. Reference back for reconsideration by commission The Speaker shall forthwith refer back to the Chief Electoral Officer the report returned to the Speaker under subsection (1) together with a copy of the objection and of the minutes of proceedings and evidence of the committee with respect thereto for reconsideration by the commission having regard to the objection. Reconsideration and disposition of objection by commission concerned Within thirty days after the day the report of any commission is referred back to the Chief Electoral Officer by the Speaker pursuant to section 22, the commission shall consider the matter of the objection and dispose of the objection, and, forthwith on the disposition of the objection, a certified copy of the report of the commission, with or without amendment accordingly as the disposition of the objection requires, shall be returned by the Chief Electoral Officer to the Speaker. Application of section 21 Section 21 applies, with such modifications as the circumstances require, in respect of any copy of a report returned to the Speaker pursuant to this section. Preparation of draft representation order Where, with respect to each of the reports referred to in section 20, it is ascertained by the Chief Electoral Officer that no objection has been filed with the clerk of the committee referred to in subsection 21(1) in the manner and within the time prescribed therefor in section 22, or after the report was referred back to the Chief Electoral Officer by the Speaker, the report, with or without amendment, has been returned by the Chief Electoral Officer to the Speaker pursuant to section 23, the Chief Electoral Officer shall forthwith prepare and transmit to the Minister a draft order, in this Act referred to as a “representation order”, in accordance with this section. Contents of order The draft representation order shall specify the number of members of the House of Commons who shall be elected for each of the provinces as calculated by the Chief Electoral Officer under subsection 14(1); and divide each of the provinces into electoral districts, describe the boundaries of each such district and specify the population and name to be given thereto, in accordance with the recommendations contained in the reports referred to in subsection (1). Order in force Within five days after the day on which the Minister receives the representation order, the Governor in Council shall by proclamation declare the representation order to be in force, effective on the first dissolution of Parliament that occurs at least seven months after the day on which that proclamation was issued, and on the issue of the proclamation the order has the force of law accordingly. Despite subsection (1), if a proclamation under the Canada Elections Act for the holding of a general election is issued during the period beginning on the day on which the proclamation under subsection (1) is issued and ending seven months after that day, the representation order becomes effective on the first dissolution of Parliament that occurs at least seven months after the date fixed by the proclamation under that Act for the return of the writ for that election. Returning officers and electoral district associations For the purpose of authorizing and enabling, whenever required, the appointment of returning officers under section 24 of the Canada Elections Act or the registration of electoral district associations under subsection 469(4) of that Act, the representation order is deemed to be effective on the day on which the proclamation under subsection (1) is issued. Publication of order and proclamation The representation order and the proclamation declaring it to be in force shall be published in the Canada Gazette not later than five days after the issue of the proclamation. Construction of order The whole of that part of the representation order relating to any province shall be read together and, in so far as possible, be construed as including the whole of the province in one or another of the electoral districts described therein, the description of each electoral district being accordingly construed as intended, unless the contrary intention appears, to include the whole of the contained area, whether particularly mentioned or not, and any area partly surrounded by the areas expressly described that appears to have been intended to be included. Doubtful cases In any doubtful case under subsection (1), the Chief Electoral Officer shall finally determine the electoral district, if any, of which any area not expressly referred to in the representation order was intended to form part and shall, within the first fifteen days of the session of Parliament next following any such determination, report the determination, with the reasons therefor, to the Speaker. References to territorial divisions Wherever in the representation order any word or expression is used to denote the name of any territorial division, that word or expression shall, unless the context otherwise requires, be construed as indicating the territorial division as it existed or was bounded immediately before the issue of the proclamation declaring the order to be in force. Incorrect references Wherever in the representation order any municipality or other place is incorrectly referred to as a city, town or village, but there is within the territorial limits of the electoral district in the description of which the reference occurs, a municipality or other place of the same name that is a city, town or village but is not of the class, namely, city, town or village, specified in the representation order, the reference shall be taken to be to that municipality or other place. Maps to be prepared and printed As soon as feasible after the issue of the proclamation declaring the representation order to be in force, the Chief Electoral Officer shall, with the cooperation of the Department of Natural Resources and in accordance with the descriptions and definitions set out in the order, prepare and print individual maps of each electoral district showing the boundaries of each district; individual maps of each province showing the boundaries of the electoral districts established in the province; and individual maps of all cities and metropolitan municipalities, portions of which are in more than one electoral district. Administrative support services Despite any other Act of Parliament, the Chief Electoral Officer may provide administrative support services to commissions to assist them in performing their duties under this Act, including by undertaking activities that support human resources management services; financial management services; information management services; information technology services; communications services; services relating to real property and immovables; materiel services; and acquisition services. Provision for expenses All amounts required for the payment of salaries and other expenses under this Act, including expenses of administration, shall be taxed by the Chief Electoral Officer and paid out of the Consolidated Revenue Fund under the authority of this section. Casual or temporary employees Such additional officers, clerks and employees as the Chief Electoral Officer considers necessary for the purpose of enabling him to exercise the powers and perform the duties of the Chief Electoral Officer under this Act may be employed, in the manner authorized by the Public Service Employment Act, on a casual or temporary basis. Territorial electoral districts In each of Yukon, the Northwest Territories and Nunavut, there shall be one electoral district respectively named and described as follows, each of which shall return one member: Yukon: consisting of Yukon as bounded and described in Schedule 1 to the Yukon Act. Northwest Territories: consisting of the Northwest Territories as bounded and described in the definition Northwest Territories in section 2 of the Northwest Territories Act. Nunavut: consisting of Nunavut as bounded and described in section 3 of the Nunavut Act. Transitional Sections 21 and 22 of the Electoral Boundaries Readjustment Act, as amended by this Act, apply in respect of the electoral boundary readjustment for the Northwest Territories in respect of the decennial census of Canada taken in 1981 notwithstanding anything done under those sections in respect of that census before the coming into force of this Act and, for the purposes of those sections, the copy of the report of the electoral boundaries commission for the Northwest Territories in respect of that census that was transmitted to and received by the Speaker of the House of Commons under subsection 21(1) of that Act, as it read immediately before the coming into force of this Act, shall forthwith after the coming into force of this Act be referred by the Speaker to the committee referred to in subsection 21(1) of that Act, as amended by this Act. In the case of any proclamation issued in 2003 under subsection 25(1) of the Electoral Boundaries Readjustment Act, the order referred to in that proclamation is deemed, for the purposes of subsection 25(2) of that Act, as enacted by section 2 of this Act, to be effective on January 1, 2004. Definition of the Act In this section and sections 15 to 22, the Act means the Electoral Boundaries Readjustment Act. Words and expressions Words and expressions used in sections 15 to 22 have the same meaning as in the Act. Population estimates as at July 1, 2001 For the purpose of the readjustment following the 2011 decennial census, the population estimates as at July 1, 2001 prepared under section 12.1 of the Act, as enacted by section 4, are deemed, for the purpose of the application of rule 4 in subsection 51(1) of the Constitution Act, 1867, as enacted by section 2, and the sending of estimates referred to in that section 12.1, to have been prepared for the purpose of the readjustment following the 2001 decennial census. Time for establishing commissions If this Act comes into force on or before the day on which the Minister receives a return certified by the Chief Statistician under subsection 13(1) of the Act in respect of the 2011 decennial census then, despite subsection 3(1) of the Act, as enacted by section 3, the Governor in Council shall, for that decennial census, establish, for the purpose of the Act, by proclamation published in the Canada Gazette, a commission for each province no later than 60 days after the day on which the Minister receives the return. Nothing in this section precludes a commission from being established before the receipt of that return. If this Act comes into force after the day on which the Minister receives a return certified by the Chief Statistician under subsection 13(1) of the Act in respect of the 2011 decennial census and, with respect to a particular province, a commission has not yet been established, the Governor in Council shall, for that decennial census, despite subsection 3(1) of the Act, as enacted by section 3, establish, for the purpose of the Act, by proclamation published in the Canada Gazette, a commission for that province no later than 60 days after the day on which the Minister receives the return. Application of sections 18 to 22 Sections 18 to 22 apply only in respect of the readjustment of the representation of the provinces in the House of Commons that is required to be made on the completion of the 2011 decennial census and only if this Act comes into force on or after the day on which the Chief Statistician sends to the Chief Electoral Officer the return, in respect of that census, that is referred to in subsection 13(1) of the Act; and a representation order has not been proclaimed in the period beginning on the day on which that return is sent and ending on the day on which this Act comes into force. Sending of estimates The Chief Statistician shall comply with section 12.1 of the Act, as enacted by section 4, as soon as feasible after the coming into force of this Act. Coming into force before statement If this Act comes into force before the day on which a statement referred to in subsection 14(1) of the Act is published in the Canada Gazette in respect of the 2011 decennial census, the amendments made by sections 2 and 6 apply for the purpose of the calculation referred to in that subsection; and despite subsection 20(1) of the Act, as enacted by section 9, the 10-month period referred to in that subsection during which each commission is to complete a report is deemed to begin on the later of the day on which the statement referred to in subsection 14(1) of the Act is published in the Canada Gazette and the day on which the commission is established. If this Act comes into force on or after the day on which a statement (in sections 21 and 22 referred to as the “first statement”) referred to in subsection 14(1) of the Act is published in the Canada Gazette in respect of the 2011 decennial census, the Chief Electoral Officer shall as soon as feasible after receiving the estimates referred to in section 12.1 of the Act, as enacted by section 4, calculate the number of members of the House of Commons to be assigned to each province, subject and according to the provisions of section 51 of the Constitution Act, 1867 and the rules in that section, as amended by section 2; and on the completion of that calculation, cause a statement (in sections 21 and 22 referred to as the “second statement”) to be published in the Canada Gazette setting out the results of the calculation. Identical number of members If the number of members of the House of Commons to be assigned to a province is the same in the second statement as in the first statement and this Act comes into force after the establishment of a commission for that province but before the expiry of one year after the day on which the commission’s chairman receives the return referred to in paragraph 13(2)(a) of the Act, then, despite subsection 20(1) of the Act, as enacted by section 9, the commission must complete its report under the Act before the earlier of the expiry of a period of 10 months after the day on which this Act comes into force, and the expiry of a period of one year after the day on which the chairman receives the return. Different numbers of members If the number of members of the House of Commons to be assigned to a province is not the same in the second statement as in the first statement, the commission established for the province under the Act shall perform its duties under the Act subject to subsection (2) or (3). Report not completed If, with respect to a province, a commission has not yet been established on the day on which the second statement is published in the Canada Gazette or if, with respect to a province, a commission has been established on or before that day but it has not yet completed its report, for the purpose of subsection 14(2) of the Act and the rule in paragraph 15(1)(a) of the Act, the number of members of the House of Commons to be assigned to the province, as calculated by the Chief Electoral Officer under subsection 14(1) of the Act, is the number set out in the second statement in respect of the province; and the 10-month period referred to in subsection 20(1) of the Act, as enacted by section 9, is deemed to begin on the later of the day on which the second statement is published in the Canada Gazette and the day on which the commission is established. Report completed If, with respect to a province, a commission has been established on or before the day on which the second statement is published in the Canada Gazette and it has completed its report on or before that day, that report is no longer valid and the commission shall prepare a new report under the Act. Paragraphs (2)(a) and (b) apply in respect of the preparation of the new report. Interpretation A reference to the Constitution Acts, 1867 to 1982 is deemed to include a reference to sections 2, 14, 15 and 17 to 20.