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Bill C-69

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DUTIES OF CHIEF ELECTORAL OFFICER AND COMMISSION FOLLOWING EVERY QUINQUENNIAL AND DECENNIAL CENSUS

Return of Chief Statistician

16. (1) As soon as possible after the completion of every quinquennial and decennial census, the Chief Statistician shall prepare and send to the Minister and the Chief Electoral Officer a return certified by the Chief Statistician showing the population of Canada and of each of the provinces and the population of Canada by electoral district and by enumeration area as ascertained by that census.

Calculation of number of members of the House of Commons

(2) On receipt by the Chief Electoral Officer of a return referred to in subsection (1) in respect of a decennial census, the Chief Electoral Officer shall calculate the number of members of the House of Commons to be assigned to each of the provinces, subject and according to the provisions of section 51 of the Constitution Act, 1867 and the rules provided therein, and on the completion of that calculation shall cause a notice to be published in the Canada Gazette setting out the results thereof.

Determination by the Chief Electoral Officer

(3) On receipt by the Chief Electoral Officer of a return referred to in subsection (1), the Chief Electoral Officer shall determine the provinces for which an electoral boundaries commission is to be established under section 3 or subsection 4(1), as the case may be, and the Chief Electoral Officer shall

    (a) cause a notice to be published in the Canada Gazette setting out

      (i) the name of each such province, and

      (ii) the name of any province for which no such commission is to be established by virtue of subsection 3(2) or 4(2), as the case may be; and

    (b) cause the notice to be sent to the Speaker of the House of Commons, the Minister and the chief justice of each province.

Commission to be established with agreement of Chief Electoral Officer and Speaker of the House of Commons

(4) Where no electoral boundaries commission is to be established for a province by virtue of subsection 4(2) and where the Chief Electoral Officer and the Speaker of the House of Commons agree that such a commission should be established for that province, the Chief Electoral Officer shall

    (a) not later than ten days following the day on which the notice referred to in paragraph (3)(b) is sent, send a notice to the Minister and the chief justice of the province indicating that an electoral boundaries commission shall be established for that province; and

    (b) cause a notice to be published in the Canada Gazette setting out the name of the province.

Copy of return to be sent to chairperson and maps to be prepared

(5) The Chief Electoral Officer shall

    (a) forthwith after a commission is established send a copy of the return referred to in subsection (1) to the chairperson of that commission; and

    (b) prepare maps that illustrate the distribution of population in each province and supply those maps to the appropriate electoral boundaries commission.

Assistance to Chief Electoral Officer

(6) The Chief Statistician and the Surveyor General of Canada shall make available their services and the facilities of their respective offices, and render all such other assistance to the Chief Electoral Officer as may be necessary in order to enable the Chief Electoral Officer to discharge the duties of the Chief Electoral Officer under this Act.

Notice to be given after each quinquennial and decennial census

17. (1) Every chairperson of a commission shall, not later than thirty days after receipt by that chairperson of a copy of a return referred to in subsection 16(5), send to the Chief Electoral Officer a notice containing

    (a) for each electoral district in the province, the population of the district as stated by the Chief Statistician in the return following the last quinquennial census or decennial census, as the case may be;

    (b) the variation, expressed in terms of a percentage, of the population of each electoral district from the electoral quota of the province calculated in the manner described in subparagraph 19(2)(a)(i) or (ii), as the case may be;

    (c) a general statement describing the manner in which the commission intends to proceed with the readjustment of electoral boundaries; and

    (d) an invitation to all interested persons to submit written comments to the commission within a period of thirty days following the publication of the notice under subsection (2).

Publication and dissemination of notice

(2) The Chief Electoral Officer shall

    (a) publish the notice referred to in subsection (1) in the Canada Gazette;

    (b) send a copy of the notice to every registered political party and to every member of the House of Commons; and

    (c) disseminate to the public, by whatever method the Chief Electoral Officer deems appropriate, information about the contents of the notice.

Preparation of plans

18. (1) A commission shall, as soon as possible after the publication of a notice referred to in subsection 17(1), prepare three plans for the readjustment of the electoral boundaries in the province for which the commission is established.

Map or drawing to accompany plans

(2) A commission shall, in preparing the plans referred to in subsection (1), ensure that each plan is accompanied by a map or drawing illustrating the proposed electoral boundaries in the commission's province.

Plan to be selected

(3) A commission shall select, from among the three plans it has prepared under subsection (1), the plan it proposes to use to readjust the electoral boundaries in the province for which it is established.

Guiding principle in preparation of report

19. (1) The principle that shall guide each commission in preparing a report is that effective representation be the paramount consideration in determining reasonable electoral district boundaries in the province for which the commission is established.

Rules governing preparation of report

(2) In preparing a report each commission for a province shall, subject to subsections (1) and (3), be governed by the following rules:

    (a) the division of the province into electoral districts and the description of the boundaries thereof shall proceed on the basis that the population of each electoral district in the province as a result thereof shall, as closely as is reasonably possible, correspond to the electoral quota for the province but in no case shall it vary by more than 25 per cent from that quota, which shall be calculated as follows:

      (i) in the case of a report that is being prepared following a quinquennial cen sus, the quotient obtained by dividing

        (A) the population of the province as ascertained by that census

      by

        (B) the number of members of the House of Commons assigned to the province in the representation order that is in force at the time the report is being prepared, and

      (ii) in the case of a report that is being prepared following a decennial census, the quotient obtained by dividing

        (A) the population of the province as ascertained by that census

      by

        (B) the number of members of the House of Commons to be assigned to the province as calculated by the Chief Electoral Officer under subsection 16(2);

    (b) the commission shall consider the following in determining reasonable electoral district boundaries:

      (i) community of interest,

      (ii) a manageable geographic size for districts in sparsely populated, rural or northern regions of the province, and

      (iii) the probability that there will be a substantial increase in the population of an electoral district in the province in the next five years; and

    (c) the commission shall recommend changes to existing electoral district boundaries only where the factors considered under paragraph (b) are sufficiently significant to warrant such a recommendation.

Departure from rules

(3) A commission may depart from the application of the rule set out in paragraph (2)(a) in circumstances that are viewed by the commission as being extraordinary because a part of a province, the population of which is less than 75 per cent of the electoral quota for the province calculated in the manner described in subparagraph (2)(a)(i) or (ii), is geographically isolated from the rest of the province or is not readily accessible from the rest of the province.

Reasons for departure

(4) Where the commission departs from the application of the rule set out in paragraph (2)(a), the commission shall include the reasons for the departure in its report.

Definition of ``community of interest''

(5) For the purposes of paragraph (2)(b), ``community of interest'' includes such factors as the economy, existing or traditional boundaries of electoral districts, the urban or rural characteristics of a territory, the boundaries of municipalities and Indian reserves, natural boundaries and access to means of communication and transport.

Definition of ``Indian reserve''

(6) In subsection (5), ``Indian reserve'' means a reserve as defined in subsection 2(1) of the Indian Act.

HEARINGS BY COMMISSIONS

Obligation to hold hearing

20. (1) A commission shall, before completing a report, hold at least one hearing in the province for which the commission is established for representations by interested persons.

Discretion to set time and place of hearing

(2) A commission may, in the performance of its duties, sit at such times and places in the province for which the commission is established as it deems necessary.

Notice to Chief Electoral Officer and contents of notice

(3) Every chairperson of a commission shall send a notice to the Chief Electoral Officer before any hearing is held under this section and within such time as will allow the Chief Electoral Officer to prepare for the publication of that notice under subsection (4); the notice must contain the following:

    (a) the plan selected under subsection 18(3) along with the map or drawing required to accompany the plan under subsection 18(2), a description of the boundaries, the population of each electoral district and the name to be given to each electoral district in the province;

    (b) the map or drawing required under subsection 18(2) to accompany each of the two other plans prepared by the commission under section 18 but not selected under that section as the plan the commission proposes to use to readjust the electoral boundaries in the province;

    (c) a statement indicating that the three plans prepared by the commission under section 18 as well as the map or drawing to accompany each of those plans may be obtained, free of charge, on request by any person, from the commission or the Chief Electoral Officer at the addresses set out in the notice;

    (d) the date, time and place of the hearing;

    (e) an invitation to all interested persons to make representations before the commission; and

    (f) a statement indicating that no representation by an interested person shall be heard by the commission at the hearing unless notice in writing is received by the commission not later than fifty-three days after the date of the publication of the notice under subsection (4), stating the name and address of the person who is seeking to make the representation and indicating concisely the nature of the representation and the interest of the person.

Notice to be published in Canada Gazette and further dissemination

(4) The Chief Electoral Officer shall, not later than sixty days before a hearing is held,

    (a) publish the notice referred to in subsection (3) in the Canada Gazette; and

    (b) disseminate to the public, by whatever method the Chief Electoral Officer deems appropriate, the fact that any document referred to in the notice may be obtained, free of charge, on request by any person, from the commission or the Chief Electoral Officer at the addresses set out in the notice.

Form of the notice to be published in the Canada Gazette

(5) Any map or drawing contained in a notice published in the Canada Gazette under subsection (4) shall be in such form and contain such detail as, in the opinion of the Chief Electoral Officer, will be reasonably sufficient for the purpose for which a hearing referred to in the notice is to be held.

No representation without notice to commission

(6) No representation by an interested person shall be heard by a commission at a hearing held under this section unless notice in writing is received by the commission not later than fifty-three days after the date of the publication of the notice under subsection (4), stating the name and address of the person who is seeking to make the representation and indicating concisely the nature of the representation and the interest of the person.

Representatio n by any member of Parliament

(7) For greater certainty, any member of Parliament may make representations at any hearing held by a commission under this section or section 21.

Amendment of plan requiring new hearing

21. (1) Where, after holding a hearing under section 20,

    (a) a commission makes a proposal to amend the boundaries of an electoral district as set out in its plan selected under subsection 18(3), and

    (b) at least 25 per cent of the total population in any electoral district that

      (i) was not within the boundaries of the electoral district as set out in the plan will, as a result of the proposed amend ment, be within the amended boundaries of that district, or

      (ii) was within the boundaries of the electoral district as set out in the plan will not, as a result of the proposed amend ment, be within the amended boundaries of that district,

the commission shall hold at least one hearing for representations by interested persons in re spect of the amendment.

Discretionary hearing

(2) Where a commission is not required to hold a hearing under subsection (1) in respect of the amendment referred to in that subsection, the commission may hold at least one such hearing where it deems it advisable to do so.

Hearing ordered by Chief Electoral Officer

(3) Where a commission is not required to hold a hearing under subsection (1) and does not hold a hearing under subsection (2), the Chief Electoral Officer may direct the commission to hold a hearing in respect of an amendment referred to in subsection (1) and the commission shall hold at least one such hearing where directed to do so by the Chief Electoral Officer.

Notice to Chief Electoral Officer and contents of notice

(4) Every chairperson of a commission shall send a notice to the Chief Electoral Officer before any hearing is held under this section and within such time as will allow the Chief Electoral Officer to prepare for the dissemination of that notice under subsection (5); the notice must contain the following:

    (a) a map or drawing illustrating the proposed amendment;

    (b) the percentage of the population in each electoral district that will be affected by the proposed amendment in a way described in subparagraph (1)(b)(i) or (ii);

    (c) a statement indicating that the amended plan and the reasons for the amendment may be obtained free of charge, on request by any person, from the commission or the Chief Electoral Officer at the addresses set out in the notice;

    (d) the date, time and place of the hearing;

    (e) an invitation to all interested persons to make representations before the commission respecting the proposed amendment; and

    (f) a statement indicating that no representation by an interested person shall be heard by the commission at the hearing unless notice in writing is received by the commission not later than seven days before the hearing is held, stating the name and address of the person who is seeking to make the representation and indicating concisely the nature of the representation and the interest of the person.

Dissemination of contents of notice

(5) The Chief Electoral Officer shall, not later than thirty days before a hearing is held under this section, disseminate the contents of the notice referred to in subsection (4) to the public, by whatever method the Chief Electoral Officer deems appropriate.

No representation without notice to commission

(6) No representation by an interested person shall be heard by a commission at a hearing held under this section unless notice in writing is received by the commission not later than seven days before the hearing is held, stating the name and address of the person who is seeking to make the representation and indicating concisely the nature of the representation and the interest of the person.