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

Assented to 2011-12-16

Marginal note:2000, c. 9

CANADA 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.