Fair Representation Act (S.C. 2011, c. 26)

Assented to 2011-12-16

Marginal note:R.S., c. 6 (2nd Supp.), s. 5

 Subsection 21(1) of the Act is replaced by the following:

Marginal note:Report to be referred to committee
  • 21. (1) 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.

Marginal note:2004, c. 1, s. 2

 Section 25 of the Act is replaced by the following:

Marginal note:Order in force
  • 25. (1) 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.

  • Marginal note:Exception

    (2) 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.

  • Marginal note:Returning officers and electoral district associations

    (3) 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 403.22(4) of that Act, the representation order is deemed to be effective on the day on which the proclamation under subsection (1) is issued.

Marginal note:1994, c. 41, par. 38(1)(a)

 Section 28 of the Act is replaced by the following:

Marginal note:Maps to be prepared and printed
  • 28. (1) 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

    • (a) individual maps of each electoral district showing the boundaries of each district;

    • (b) individual maps of each province showing the boundaries of the electoral districts established in the province; and

    • (c) individual maps of all cities and metropolitan municipalities, portions of which are in more than one electoral district.

  • Marginal note:Electronic version of maps

    (2) 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.

2000, c. 9CANADA ELECTIONS ACT

Marginal note:2006, c. 9, s. 174(1)

 Subsection 24(1.4) of the Canada Elections Act is replaced by the following:

  • Marginal note:New term

    (1.4) The Chief Electoral Officer may, after consultation with the leader of every recognized political party in the House of Commons, appoint for a new term any returning officer who has performed the functions of a returning officer in a satisfactory manner, whether or not other persons are considered for the appointment, if the office of returning officer is vacant by reason of

    • (a) the expiry of the returning officer’s term of office; or

    • (b) the revision of the boundaries of the electoral district as a result of a representation order made under section 25 of the Electoral Boundaries Readjustment Act.

TRANSITIONAL PROVISIONS

Definition of “the Act”

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

  • Marginal note:Words and expressions

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

Marginal note: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.

Marginal note:Time for establishing commissions
  •  (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.

  • Marginal note: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.

Marginal note: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

  • (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.

Marginal note: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.

Marginal note: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,

  • (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.

Marginal note:Obligations of Chief Electoral Officer

 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.

Marginal note: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

  • (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.

Marginal note:Different numbers of members
  •  (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).

  • Marginal note: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.

  • Marginal note: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.

 
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