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Representation Act, 1974 (S.C. 1974-75-76, c. 13)

Act current to 2024-05-28

Representation Act, 1974

S.C. 1974-75-76, c. 13

Assented to 1974-12-20

An Act to provide for representation in the House of Commons, to establish electoral boundaries commissions and to remove the temporary suspension of the Electoral Boundaries Readjustment Act

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Marginal note:Short title

 This Act may be cited as the Representation Act, 1974.

PART IBritish North America Act

 [Amendment]

 This Part may be cited as the Constitution Act, 1974.

  • 1974-75-76, c. 13, s. 3
  • 1976-77, c. 28, s. 38
  • Constitution Act, 1982, Sch., item 28

PART IIElectoral Boundaries Readjustment

Marginal note:Removing suspension

 Upon the commencement of this Act, sections 20 to 27 of the Electoral Boundaries Readjustment Act cease to be suspended and sections 5 to 7 of the Electoral Boundaries Readjustment Suspension Act are repealed.

Marginal note:Applying Electoral Boundaries Readjustment Act

  •  (1) Upon the commencement of this Act, the Electoral Boundaries Readjustment Act shall be applied as if subsection 51(1) of the British North America Act, 1867, as amended by Part I of this Act, had been in force immediately following the decennial census of Canada taken in the year 1971, and electoral boundaries commissions shall be established and carry out their duties under the Electoral Boundaries Readjustment Act in all respects as though nothing had been done under that Act and no time had elapsed following the decennial census of Canada taken in the year 1971.

  • Marginal note:Presumption

    (2) Notwithstanding subsection (1), the certified return of the Chief Statistician of Canada referred to in section 11 of the Electoral Boundaries Readjustment Act and sent pursuant to that Act to the Secretary of State for Canada and the Representation Commissioner following the decennial census of Canada taken in the year 1971 shall be deemed to have been sent to, and to have been received on the day that this Act comes into force by, the Secretary of State of Canada and the Representation Commissioner for the purposes of applying that Act in accordance with subsection (1) of this section.

Marginal note:Transitional

 The number of members of the House of Commons and the representation of the provinces therein on the thirtieth day of December, 1974, remain unchanged until readjusted pursuant to subsection 51(1) of the British North America Acts, 1867 to 1965, as amended by the British North America Act, 1974.

  • 1974-75-76, c. 13, s. 6
  • 1976-77, c. 28, s. 38

Marginal note:Provision for review of Act

 The President of the Privy Council shall,

  • (a) on a day not later than the twentieth sitting day of the House of Commons after the 30th day of June, 1979, if there is then an existing Parliament, or

  • (b) if there is not then an existing Parliament, on a day not later than the twenty-fifth sitting day of the House of Commons after Parliament has been summoned,

propose to the House of Commons that an order be made and referred to the appropriate committee of the House of Commons for the review by that committee of the Rules provided by subsection 51(1) of the British North America Acts, 1867 to 1965, as amended by the British North America Act, 1974, and for the recommendations of such committee with respect to any amendments, alterations or modifications thereto that appear to the committee then to be necessary or desirable, and upon such order being referred to it the committee shall consider the matter of the order and report to the House its recommendations with respect thereto.

  • 1974-75-76, c. 13, s. 7
  • 1976-77, c. 28, s. 38

Marginal note:Commencement

 This Act shall come into force on the 31st day of December, 1974.

 

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