Hyperlawhypertext legal database Preserving Provincial Representation in the House of Commons Act current to 2022-06-27

C-36.71 Preserving Provincial Representation in the House of Commons Act

Current to 2022-06-27 · last amended 2022-06-23

Contents
Provision

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

Alternative Title

s. 1 — Alternative title

This Act may be cited as the Preserving Provincial Representation in the House of Commons Act.

Constitution Act, 1867

s. 2 — 2011, c. 26, s. 2

Rule 2 of subsection 51(1) of the Constitution Act, 1867 is replaced by the following:

Interpretation

s. 3 — Deemed reference

A reference to the Constitution Acts, 1867 to 1982 is deemed to include a reference to section 2.

Transitional Provisions

s. 4 — Definitions
s. 4(1)

The following definitions apply in this section and section 5.

s. 4(1), definition “act”

Act means the Electoral Boundaries Readjustment Act. (Loi)

s. 4(1), definition “old calculation”

old calculation means the calculation of the number of members of the House of Commons to be assigned to each province done by the Chief Electoral Officer under subsection 14(1) of the Act, the statement of the results of which was published in the Canada Gazette on October 16, 2021. (calcul antérieur)

s. 4(2) — Words and expressions

Unless the context otherwise requires, words and expressions used in this section and section 5 have the same meaning as in the Act.

s. 5 — New calculation
s. 5(1)

As soon as feasible after the day on which this section comes into force, the Chief Electoral Officer must calculate the number of members of the House of Commons to be assigned to each province under subsection 14(1) of the Act, subject and according to the provisions of section 51 of the Constitution Act, 1867 and the rules set out in that section as they are amended by section 2, and on completing that calculation must cause a statement to be published in the Canada Gazette setting out the results.

s. 5(2) — Province with different number of members resulting from new calculation

If the calculation referred to in subsection (1) results in a different number of members of the House of Commons for a province than was obtained under the old calculation,

s. 5(2)(a)

any report referred to in subsection 14(2) of the Act that is prepared in respect of the province on the basis of the old calculation, and anything done under sections 19 to 23 of the Act on the basis of the report, are nullities;

s. 5(2)(b)

the commission established for the province under section 3 of the Act in respect of the most recent decennial census must prepare a report under subsection 14(2) of the Act in respect of the province on the basis of the calculation referred to in subsection (1); and

s. 5(2)(c)

the duties and functions set out in sections 19 to 23 of the Act are to be performed in respect of the province following the preparation of the report under paragraph (b), and the 10-month period referred to in subsection 20(1) of the Act is, in respect of the province, deemed to begin on the day on which the statement referred to in subsection (1) is published in the Canada Gazette.

s. 5(3) — No representation order before coming into force

If, before the day on which this section comes into force, no representation order was prepared and transmitted under subsection 24(1) of the Act on the basis of the old calculation, the Chief Electoral Officer must — without waiting for the report prepared under subsection 20(1) of the Act for a province referred to in subsection (2) — prepare and transmit a representation order under subsection 24(1) of the Act that applies in respect of all provinces other than that province.

s. 5(4) — Representation order before coming into force

If, before the day on which this section comes into force, a representation order was prepared and transmitted under subsection 24(1) of the Act on the basis of the old calculation, that representation order and any proclamation made under subsection 25(1) of the Act that declares it to be in force are nullities only in respect of a province referred to in subsection (2).

s. 5(5) — Representation order and proclamation — province referred to in subsection (2)

If subsection (3) or (4) applies, a representation order is to be prepared under subsection 24(1) of the Act, and a proclamation is to be made under subsection 25(1) of the Act, in respect of a province referred to in subsection (2) and on the basis of the calculation referred to in subsection (1).

s. 5(6) — Previous representation order applies

For greater certainty, the representation order annexed to the Proclamation Declaring the Representation Order to be in Force Effective on the First Dissolution of Parliament that Occurs after May 1, 2014, registered as SI/2013-102, continues to apply in respect of a province referred to in subsection (2) until the representation order referred to in subsection (5) becomes effective under subsection 25(1) or (2) of the Act.

s. 5(7) — Administrative consolidation

When the representation order and proclamation referred to in subsection (5) are published in the Canada Gazette under section 26 of the Act, the Chief Electoral Officer must publish on their website an administrative consolidation consisting of that representation order and the portion of the representation order referred to in subsection (3) or (4), as the case may be, that applies in respect of all provinces other than a province referred to in subsection (2). The consolidation must set out, in respect of each province, the day on which the applicable representation order came into force.