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Electoral Boundaries Readjustment Act (R.S.C., 1985, c. E-3)

Act current to 2021-02-15 and last amended on 2019-01-19. Previous Versions

Commencement and Preparation of Report (continued)

Marginal note:Return of Chief Statistician

  •  (1) 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.

  • Marginal note:Copy of return sent to Chairperson and maps prepared

    (2) The Chief Electoral Officer shall

    • (a) 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

    • (b) prepare maps showing the distribution of population in each province and thereupon supply such maps to the appropriate electoral boundaries commission.

  • Marginal note:Duty to assist

    (3) 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).

  • R.S., 1985, c. E-3, s. 13
  • 1994, c. 41, s. 38
  • 2011, c. 26, s. 5
  • 2015, c. 3, ss. 79, 80(E)

Marginal note:Calculation of members

  •  (1) 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.

  • Marginal note:Preparation of report

    (2) 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.

  • R.S., 1985, c. E-3, s. 14
  • 2011, c. 26, s. 6

Marginal note:Rules

  •  (1) In preparing its report, each commission for a province shall, subject to subsection (2), be governed by the following rules:

    • (a) 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

    • (b) the commission shall consider the following in determining reasonable electoral district boundaries:

      • (i) the community of interest or community of identity in or the historical pattern of an electoral district in the province, and

      • (ii) a manageable geographic size for districts in sparsely populated, rural or northern regions of the province.

  • Marginal note:Departure from rules

    (2) 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

    • (a) 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

    • (b) 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.

  • (3) [Repealed, 1998, c. 15, s. 25]

  • R.S., 1985, c. E-3, s. 15
  • R.S., 1985, c. 6 (2nd Supp.), s. 2, c. 1 (4th Supp.), s. 45(F)
  • 1993, c. 28, s. 78
  • 1998, c. 15, s. 25

Marginal note:Powers of commission

  •  (1) 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.

  • Marginal note:Staff

    (2) 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.

  • R.S., 1985, c. E-3, s. 16
  • R.S., 1985, c. 1 (4th Supp.), s. 22

Marginal note: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 a commission in order to enable the commission to discharge its duties under this Act.

  • R.S., 1985, c. E-3, s. 17
  • 1994, c. 41, s. 38
  • 2011, c. 26, s. 7

Marginal note: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.

  • R.S., c. E-2, s. 16

Marginal note:Sittings of commission; hearing of representations

  •  (1) 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.

  • Marginal note:Idem

    (1.1) 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.

  • Marginal note:Notice to be given by public advertisement

    (2) 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.

  • Marginal note:Advertisement to include certain information

    (3) 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

    • (a) 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

    • (b) 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.

  • Marginal note:Form and content of map or drawing

    (4) 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.

  • Marginal note:Notice of representation to be given before sittings

    (5) 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.

  • Marginal note:Exception

    (6) 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.

  • R.S., 1985, c. E-3, s. 19
  • R.S., 1985, c. 6 (2nd Supp.), s. 3, c. 1 (4th Supp.), s. 45(F)
  • 2011, c. 26, s. 8
 
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