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| Time within
which report
to be
completed
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22. (1) Each commission shall, not later
than twelve months after receipt by the
chairperson of that commission of the copy of
the return referred to in section 16, complete
its report and, on the completion of the report,
shall cause two certified copies thereof to be
sent to the Chief Electoral Officer.
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| Extension
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(2) 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 six months in the
aggregate.
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| Preparation of
draft
representation
order
|
23. (1) As soon as possible after receipt
from each commission of a report sent to the
Chief Electoral Officer under subsection
22(1), the Chief Electoral Officer shall
prepare and send to the Minister a draft
representation order in accordance with this
section.
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| Contents of
order
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(2) The draft representation order shall
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(a) specify the number of members of the
House of Commons who shall be elected for
each of the provinces based on the
calculation made by the Chief Electoral
Officer under subsection 16(2); and
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(b) divide each of the provinces into
electoral districts, describe the boundaries
of each such district and specify the
population thereof and name to be given
thereto, in accordance with the
recommendations contained in the reports
sent to the Chief Electoral Officer under
subsection 22(1).
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| Order in force
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24. (1) Within five days after receipt by the
Minister of the draft representation order, the
Governor in Council shall by regulation
declare the draft 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 regulation is
registered, and on the registration of the
regulation the order has the force of law
accordingly.
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| Returning
officers
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(2) For the purpose only of authorizing and
enabling the appointment under section 14 of
the Canada Elections Act of returning officers
whenever required, the representation order
shall be deemed to be in force effective on the
day on which the regulation declaring it in
force is registered.
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| 1996
quinquennial
census
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(3) For the purpose only of
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(a) applying subsection 3(2) to determine
whether an electoral boundaries
commission is to be established for a
province after the 1996 quinquennial
census, and
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(b) calculating, in the manner described in
subparagraph 19(2)(a)(i), the electoral
quota for a province following the 1996
quinquennial census,
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the representation order next following the
draft representation order that was declared in
force by a proclamation issued on July 13,
1987 and registered as SI/87-147 shall be
deemed to be in force effective on the day on
which the regulation declaring it in force is
registered.
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| Construction
of order
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25. (1) 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.
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| Doubtful
cases
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(2) 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 of the
House of Commons.
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| References to
territorial
divisions
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(3) 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
establishment of the commissions.
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| Incorrect
references
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(4) 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.
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| Maps to be
prepared and
printed
|
26. As soon as possible after the registration
of the regulation declaring the draft
representation order to be in force, the Chief
Electoral Officer shall, in accordance with the
descriptions and definitions set out in the
order, prepare and print
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(a) individual maps of each electoral
district illustrating the boundaries of each
district;
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(b) individual maps of each province
showing the boundaries of the electoral
districts established therein; and
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(c) individual maps of all cities and
metropolitan municipalities, portions of
which are in more than one electoral
district.
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| Provision for
expenses
|
27. (1) All amounts required for the
payment of salaries and expenses fixed under
this Act and any other expenses necessary for
the implementation of 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.
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| Casual or
temporary
employees
|
(2) Such additional officers, clerks and
employees as the Chief Electoral Officer
considers necessary for the purpose of
enabling the Chief Electoral Officer 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.
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| Electoral
district of
Yukon
|
28. Notwithstanding any other provision of
this Act, there shall be in the Yukon Territory
one electoral district named and described as
follows, which shall return one member:
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Yukon, consisting of the Yukon Territory as
bounded and described in the schedule to the
Yukon Act.
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| Electoral
districts of
Northwest
Territories
|
29. Notwithstanding any other provision of
this Act, there shall be in the Northwest
Territories two electoral districts named and
described as follows, which shall return one
member each:
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(a) Western Arctic, consisting of all that
part of Canada north of the sixtieth parallel
of north latitude and west of the boundary
described in Schedule I to the Nunavut Act
that is not within the Yukon Territory; and
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(b) Nunavut, consisting of
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(i) all that part of Canada north of the
sixtieth parallel of north latitude and east
of the boundary described in Schedule I
to the Nunavut Act that is not within
Quebec or Newfoundland, and
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(ii) the islands in Hudson Bay, James Bay
and Ungava Bay that are not within
Manitoba, Ontario or Quebec.
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| Suspension
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30. Where writs of election are issued under
the Canada Elections Act for a general
election, the operation of this Act is suspended
from the time the writs are issued until after
the expiration of the fifth day on which the
House of Commons sits following the general
election ordered by those writs.
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| Transitional
provision re
suspension
|
31. Notwithstanding section 30, subsection
27(1) continues to apply in respect of salaries
and other expenses under this Act incurred
before writs of election are issued under the
Canada Elections Act for a general election.
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| Certain
provisions of
representation
order to
remain in
force
|
32. Where no electoral boundaries
commission is established for a province by
virtue of subsection 3(2) or 4(2) after a
determination referred to in subsection 16(3)
is made by the Chief Electoral Officer under
that subsection, the provisions respecting that
province that appear in the representation
order in force at the time of the determination
shall remain in force until such time as a
commission is established for that province
and a draft representation order that sets out
new provisions in respect of that province is
declared in force by a regulation made under
this Act.
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| Deemed
compliance
|
33. The Chief Statistician is, in respect of
the decennial census of 1991, deemed to have
prepared, certified and sent to the Minister and
Chief Electoral Officer a return referred to in
section 16 on the coming into force of that
section.
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| Transitional
provision re
s. 8
|
34. Notwithstanding subsection 8(1), the
chief justice of a province or, in the
circumstances referred to in subsection 8(2),
a judge referred to in that subsection shall, not
later than thirty days after receiving the notice
referred to in subsection 16(3) or paragraph
16(4)(a) in respect of the decennial census of
1991, appoint the chairperson of the electoral
boundaries commission for that province in
accordance with section 8.
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| Representatio
n order of
1987
|
35. (1) Subject to section 32, the draft
representation order that was declared in force
by a proclamation issued on July 13, 1987
under the former Act and registered as
SI/87-147 shall continue in force until it is
replaced by a draft representation order
declared in force by a regulation made under
this Act.
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| Definition of
``former Act''
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(2) In this section, ``former Act'' means the
Electoral Boundaries Readjustment Act as it
read immediately before the coming into force
of this section.
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| Interpretation
of subsection
9(3)
|
36. Where the Speaker of the House of
Commons first invites written applications
from interested persons under section 9 after
the coming into force of that section, the
period described in subsection 9(3) shall, for
the purposes of section 9, be read as referring
to thirty days following the coming into force
of that section.
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| Repeal of
R.S., c. E-3
|
37. The Electoral Boundaries
Readjustment Act is repealed.
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| Repeal
|
38. The Electoral Boundaries
Readjustment Suspension Act, 1994, chapter
19 of the Statutes of Canada, 1994, is
repealed.
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| Coming into
force
|
39. Section 29 comes into force on the
coming into force of the draft
representation order next following the
draft representation order that was
declared in force by a proclamation issued
on July 13, 1987 and registered as
SI/87-147.
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