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

RELATED PROVISIONS

• — R.S., 1985, c. 6 (2nd Supp.), s. 8

  • Transitional

    8 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.

• — 2004, c. 1, s. 3

  • 3 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.

• — 2011, c. 26, s. 14

  • Definition of the Act

    • 14 (1) In this section and sections 15 to 22, the Act means the Electoral Boundaries Readjustment Act.

    • Words and expressions

      (2) Words and expressions used in sections 15 to 22 have the same meaning as in the Act.

• — 2011, c. 26, s. 15

  • Population estimates as at July 1, 2001

    15 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.

• — 2011, c. 26, s. 16

  • Time for establishing commissions

    • 16 (1) 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.

    • Time for establishing commissions

      (2) 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.

• — 2011, c. 26, s. 17

  • Application of sections 18 to 22

    17 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

    • (a) 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

    • (b) 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.

• — 2011, c. 26, s. 18

  • Sending of estimates

    18 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.

• — 2011, c. 26, s. 19

  • Coming into force before statement

    19 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,

    • (a) the amendments made by sections 2 and 6 apply for the purpose of the calculation referred to in that subsection; and

    • (b) 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.

• — 2011, c. 26, s. 20

  • Obligations of Chief Electoral Officer

    20 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

    • (a) 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

    • (b) 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.

• — 2011, c. 26, s. 21

  • Identical number of members

    21 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

    • (a) the expiry of a period of 10 months after the day on which this Act comes into force, and

    • (b) the expiry of a period of one year after the day on which the chairman receives the return.

• — 2011, c. 26, s. 22

  • Different numbers of members

    • 22 (1) 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

      (2) 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,

      • (a) 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

      • (b) 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

      (3) 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.

• — 2011, c. 26, s. 23

  • Interpretation

    23 A reference to the Constitution Acts, 1867 to 1982 is deemed to include a reference to sections 2, 14, 15 and 17 to 20.