Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

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

Act current to 2020-03-05 and last amended on 2019-01-19. Previous Versions

Electoral Boundaries Readjustment Act

R.S.C., 1985, c. E-3

An Act to provide for the establishment of electoral boundaries commissions to report on the readjustment of the representation of the provinces in the House of Commons and to provide for the readjustment of such representation in accordance therewith

Short Title

Marginal note:Short title

 This Act may be cited as the Electoral Boundaries Readjustment Act.

  • R.S., c. E-2, s. 1

Interpretation

Marginal note:Definitions

  •  (1) In this Act,

    Chief Electoral Officer

    Chief Electoral Officer means the Chief Electoral Officer under the Canada Elections Act; (directeur général des élections)

    Chief Statistician

    Chief Statistician means the Chief Statistician of Canada appointed under the Statistics Act; (statisticien en chef)

    commission

    commission, with respect to any decennial census, means the electoral boundaries commission for that census established for a province pursuant to section 3; (commission)

    Minister

    Minister means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act; (ministre)

    report

    report means the report prepared by a commission under section 20; (rapport)

    Speaker

    Speaker means the Speaker of the House of Commons. (Version anglaise seulement)

  • Marginal note:Reference to a province or provinces

    (2) In this Act, a reference to a province or to provinces does not include Yukon, the Northwest Territories or Nunavut.

  • R.S., 1985, c. E-3, s. 2
  • R.S., 1985, c. 6 (2nd Supp.), s. 1
  • 1993, c. 28, s. 78
  • 1998, c. 15, s. 25
  • 2015, c. 3, s. 78(E)
  • 2018, c. 31, s. 392

Electoral Boundaries Commissions

Marginal note:Commissions to be established

  •  (1) For each decennial census, the Governor in Council shall establish by proclamation, published in the Canada Gazette, an electoral boundaries commission for each province before the earlier of

    • (a) the expiry of a period of 60 days after the day on which the Minister receives a return certified by the Chief Statistician under subsection 13(1), and

    • (b) the expiry of a period of six months after the first day of the month that is fixed by the Governor in Council under subsection 19(1) of the Statistics Act as the month in which the census is to be taken.

  • Marginal note:Duties of the commissions

    (2) The ten commissions established pursuant to subsection (1) shall consider and report on the readjustment of the representation of the provinces in the House of Commons required to be made on the completion of each decennial census.

  • R.S., 1985, c. E-3, s. 3
  • 2001, c. 21, s. 27
  • 2011, c. 26, s. 3

Marginal note:Constitution of commission

 Each commission for a province shall consist of three members, namely, a chairperson and two other members appointed as provided in sections 5 and 6.

  • R.S., 1985, c. E-3, s. 4
  • 2015, c. 3, s. 80(E)

Marginal note:Appointment of chairperson

  •  (1) The chairperson of the commission for a province shall be appointed by the chief justice of that province from among the judges of the court over which the chief justice presides or, after consultation with the chief justice of any other branch or division of that court or any other superior court in that province, from among the judges of that branch, division or superior court.

  • Marginal note:Idem

    (2) In the event that no judge referred to in subsection (1) is able or free to act as chairperson or where, for any other reason, no appointment is made under subsection (1) within the time provided therefor by this Act, the Chief Justice of Canada or, in the event of the absence or incapacity of the Chief Justice of Canada, the senior puisne judge of the Supreme Court of Canada shall make the appointment from among such persons resident in that province as he deems suitable.

  • Marginal note:References

    (3) A reference in subsection (1) to the chief justice of a province includes a reference to the acting chief justice of the province or any person performing for the time being the duties of the chief justice of the province.

  • (4) and (5) [Repealed, 1998, c. 15, s. 25]

  • R.S., 1985, c. E-3, s. 5
  • 1993, c. 28, s. 78
  • 1998, c. 15, s. 25
  • 2015, c. 3, s. 80(E)

Marginal note:Appointment of other members

  •  (1) The other two members of the commission for a province shall be appointed by the Speaker from among such persons resident in that province as the Speaker deems suitable.

  • Marginal note:Reference to Speaker

    (2) A reference in subsection (1) to the Speaker of the House of Commons includes a reference to any person performing for the time being the duties of the Speaker.

  • R.S., c. E-2, s. 6
  • 1974-75-76, c. 28, s. 6
  • 1978-79, c. 13, s. 20

Marginal note:Notice of appointment to be given

 On the making of any appointment under sections 5 and 6, the person making the appointment shall forthwith notify the Minister of the appointment.

  • R.S., c. E-2, s. 6
  • 1974-75-76, c. 28, s. 6
  • 1978-79, c. 13, s. 26

Marginal note:Proclamation to name members

 The proclamation establishing a commission shall name each of the members appointed to it.

  • R.S., c. E-2, s. 7

Marginal note:Deputy chairperson

  •  (1) A commission may appoint one of its members as deputy chairperson, who shall, in the event of the absence or incapacity of the chairperson or if the office of chairperson is vacant, act as chairperson.

  • Marginal note:Quorum and deciding vote

    (2) At all meetings of a commission, two members of the commission constitute a quorum and, where at any meeting of a commission there is an equality of votes, the chairperson or person acting as chairperson has a deciding vote.

  • Marginal note:Vacancy in membership

    (3) A vacancy in the membership of a commission or in the office of chairperson does not impair the right of the remaining members to act, but where any such vacancy occurs it shall be filled within thirty days by appointment in the manner provided in sections 5 and 6, and the person making the appointment shall thereupon give notice of the appointment to the Minister who shall forthwith cause the appointment to be published in the Canada Gazette.

  • R.S., 1985, c. E-3, s. 9
  • 2015, c. 3, s. 80(E)

Marginal note:Eligibility of members

 No person is eligible to be a member of a commission while that person is a member of the Senate or House of Commons or is a member of a legislative assembly or legislative council of a province.

  • R.S., c. E-2, s. 8

Marginal note:Remuneration

  •  (1) Each of the members of a commission, other than a person in receipt of salary under the Judges Act, is entitled to be paid such daily allowance as may be fixed by the Governor in Council.

  • Marginal note:Expenses

    (2) Each of the members of a commission is entitled to be paid reasonable travel and living expenses incurred by the member while absent from his ordinary place of residence in the course of his duties as a member of the commission.

  • R.S., c. E-2, s. 9
  • 1978-79, c. 13, s. 22

Marginal note:Not agent of Her Majesty

 A commission is not an agent of Her Majesty and the members of a commission as such are not part of the federal public administration.

  • R.S., 1985, c. E-3, s. 12
  • 2003, c. 22, s. 224(E)

Commencement and Preparation of Report

Marginal note:Population estimates

 The Chief Statistician shall prepare the estimates of the population of Canada and of each province required by subsection 51(1.1) of the Constitution Act, 1867 and send them, without delay, to the Minister and to the Chief Electoral Officer along with the estimates of the population of each province that were prepared for the purpose of the readjustment following the completion of the preceding decennial census.

  • 2011, c. 26, s. 4
 
Date modified: