Redistribution Steps |
Current Act |
Bill C-69 |
Standing Committee Report |
Report of Chief Electoral Officer |
Frequency of redistribution |
Every 10 years: s. 3 |
Every five years if specific criteria are
met |
Every 10 years |
No recommendation |
Timing of establishment of commissions |
Commissions must be established by Governor
in Council within 60 days of receipt of census return by Minister:
s. 3 |
Commissions to be established within 30 days
of completion of appointment process by Speaker: s. 3 |
No recommendation |
Section 1.2
- Commissions should be established no later than
the earlier of six months after Census Day and 60 days after
receipt of census return
|
Selection of commission members other than
chairperson |
Speaker selects members: s. 6 |
- Speaker must table members' names in House of Commons
within three sitting days after appointment. Twenty members can
object and require a vote on the appointment.
- Speaker shall invite written applications from persons
interested in being considered through a notice in the Canada Gazette:
s. 9.
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Recommendation 11
- Appoint commissioners more transparently.
- Broaden the pool of commissioners to include those
who have substantial experience in community service and reflect the
regional diversity of the province.
- Require the name of each commissioner to be tabled
in the House and referred to a Committee, allowing a reasonable period
for objection.
|
No recommendation |
Instructions, guidelines and educational
materials to be provided by Elections Canada |
No specific provision |
No specific provision |
Recommendation 4
All electoral boundaries commissions to be provided with:
- strategies to identify natural starting points
for redistribution;
- examples of expert advice to be sought, such as municipal
planners, provincial statistical and demographic officers or bodies;
- factors important to providing effective community
representation by a member of Parliament; and
- a full description of the duties of a member of Parliament
in order to understand the drastic effect of a boundary change on
a constituency's needs.
Recommendation 1
Section 18 of the Act to be amended so that Elections Canada
provides each commission with:
- standardized instructions, bibliographic references
and other materials containing detailed discussion and relevant case
histories for identifying and adjudicating communities of interest,
identity and historical patterns of the province's constituencies;
- a standardized report format and the basic criteria
required for reporting decisions; and
- suitable criteria for the selection of names.
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Section 4.3
- Elections Canada will facilitate the provision
of information to commissions through information sessions and other
means.
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Public input before hearings |
No specific provision |
No specific provision |
Recommendation 16
- Amend EBRA to call for written submissions from
public during formulation of initial proposal
- Elections Canada to develop and make available standardized
guidelines to assist the public in preparing effective representations
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Sections 1.2, 3.1 and 3.2
- Commissions will be established prior to the census
return and will be permitted to accept written submissions at all
times, including before the initial proposal.
- Introductory public outreach will be performed by
commissions.
|
Exceeding allowable variance |
Can exceed ±25% in "extraordinary circumstances":
s. 15(2) |
No changes |
Recommendation 6
- Use s. 14 of the Act to entrench specific, remote
and sparsely populated ridings – and/or dense urban ridings – in
law; and/or provide a different quotient for northern and southern
Ontario, Quebec and B.C.
|
Section 2.4
- Allow commissions to continue to exceed ordinary
maximum deviation in "extraordinary circumstances."
|
Provincial quotient – allowable variance |
Allowable deviation of 25% to respect community
of interest, community of identity, historical pattern of electoral districts,
or to maintain a manageable geographic size in rural, northern or sparsely
populated regions: s. 15(2) |
No changes |
Recommendation 7
- If Recommendation 6 is implemented, lower quotient
for remaining ridings to "perhaps" 15% in the circumstances set
out in the Act
|
Section 2.4
- Allow commissions to deviate by up to 15% for the
existing factors and to take into account topographical features
and transportation networks.
|
Preference for continuity of ridings |
No provision |
The commission shall recommend changes to
existing boundaries only when the factors of community of interest, sparse
population and projected growth are sufficiently significant to warrant
it: s. 19(2)(c). |
Recommendation 2
- The Act to contain language that clearly prefers
continuity of ridings and riding patterns as the starting point
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Section 2.3
- A commission should not change existing electoral
boundaries unless the commission believes that the changes in population
and communities warrant such a change so as to ensure effective
representation.
|
Number of commission proposals |
Commission makes one proposal: s. 19(3) |
In initial advertisement, commission makes
a proposal and provides information on two others which have not been
selected: ss. 18, 20(3) |
Recommendation 12
- Provide no fewer than two different proposals for
certain regions of the province
|
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Communities of interest |
Not defined |
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 transportation": s. 19(5). |
Recommendation 3
- Clearly define communities of interest and identity
in the Act
- Elections Canada to furnish to commissions standardized
materials to assist in interpreting of these terms
|
Section 2.1
- Sets out factors to be considered when applying
concept of community
- Official Languages Act to be followed as required
by statute
|
Respect for geographic integrity of Indian
reserves |
No specific provision |
Included in definition of community of interest
in s. 19(5) |
No recommendation |
Section 2.2
- A provision should be added that Indian reserves
shall not be divided between two or more electoral districts, except
in circumstances where it is clear to the commissioners that such
division is necessary to achieve effective representation. If a
commission chooses to divide a reserve between two or more districts,
it shall explain its reasons for doing so in its report.
|
Topography and transportation routes |
No explicit mention of these factors |
"Community of interest" includes a number
of factors including "natural boundaries and access to means of communication
and transportation": s. 19(5). |
Recommendation 5
- The commissions should pay close attention to topography
and transportation routes.
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Section 2.5
- Commissions should be required to consider topography
and transportation routes in drawing boundaries, and may use these
factors to deviate from the quotient.
|
Projected population growth |
No provision |
In drawing electoral boundaries, commission
to consider "the probability that there will be a substantial increase in
the population of an electoral district" in the next five years: s. 19(2)(b)(iii). |
Recommendation 8
- Amend s. 15(1)(b) of the Act to include
future growth as criterion for consideration
|
No recommendation |
Advertising of commission proposals |
Publication in the Canada Gazette
and newspaper inserts (including the names, populations and maps of the
district): s. 19(3) |
The CEO shall publish the notice in the
Canada Gazette and by whatever method he deems most appropriate:
s. 20(4). |
Recommendation 15
- Elections Canada to consider suggestions on multiple
media strategies, including television and radio, and this advice
to be the basis for any alterations to the Act on advertising
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Section 3.3
- The commissions will be given the express power
to disseminate the initial proposals, by whatever means they believe
are most appropriate to achieve the broadest dissemination of the
information therein.
|
Engaging community leaders |
No specific provision |
No specific provision |
No recommendation |
Section 3.4
- A provision should be added to the Act stating
that commissions shall endeavour to communicate with groups representing
citizens' interests in the province regarding the commissions' initial
proposals and the methods for making representations to the commissions.
|
Public information and educational plans |
No specific provision |
No specific provision |
No recommendation |
Section 3.7
- A provision should be added to the Act to provide
the Chief Electoral Officer with the express authority to implement
public education and information programs to make the electoral
boundaries readjustment process better known to the public.
|
Timing of commencement of public hearings |
Hearings can commence no sooner than 60 days
after publication of proposal |
No change |
Recommendation 14
- Hearing can commence no sooner than 30 days after
publication of proposal
|
Section 1.3
- Public hearings can commence no sooner than 30 days
after publication of proposal.
|
Requirement for notice to be given to make
a representation at public hearing |
The Act provides that no representation
shall be heard unless a notice has been received by the commission within
53 days of the publication of its advertisement. The notice must include
the name of the person presenting, the nature of the representation to
be made and the interest of the person: s. 19(5). |
No change |
Recommendation 13
- Remove requirement for notice to be given in order
to appear before a commission
|
Section 3.5
- Retain notice, but commissions to have the power
to waive any aspect of the notice, including the notice itself
|
Second public hearing |
Not provided for in Act |
Possibility if:
- 25% of population of a proposed electoral district
is affected by changes made to the initial proposal;
- commission so decides; or
- CEO so orders.
Hearing to be held no sooner than 30 days
after publication of notice of hearing and details of amended plan:
s. 21 |
Recommendation 17
- Provide second hearings for ridings where there
has been a change between the initial and final proposals.
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Section 3.6
- Opportunity for public to submit written comments
following MP objection round
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Contents of commission report |
Commission report shall include the electoral
district descriptions, boundaries, populations and names: s. 20. |
Contents not specified: s. 22 |
Recommendation 10
- The reporting format of electoral boundaries commissions
should be standardized and include the rationale for their decisions
and an explanation of how the commissions carried out their work.
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Section 4.4
- Standardized criteria for writing commission report
to be included in the statute.
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Mechanisms for better parliamentary input |
N/A |
- Mechanisms not specified
- Parliamentary objection stage removed from the
process
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Recommendation 19
- MPs should be better informed of the
purpose of the Act, including the role and powers of the committee
appointed under the Act.
Recommendation 21
- In order to achieve better coordination
between the commissions, Elections Canada and the House:
- House committee should be formed concurrent with formation
of commissions;
- Elections Canada should present to the committee a
copy of all documents or information provided to the commissions or
the public as well as transcripts of the hearings.
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Section 3.8
- Elections Canada should be given the express authority
to continue to develop materials and present information sessions
to MPs concerning redistribution and the role of MPs in the process.
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Changing electoral district names |
N/A |
No new provisions |
Recommendation 9
- The Act should be amended so if there is an objection
to a name and it is the unanimous recommendation of the House committee,
the commission shall follow the recommendation of the committee.
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Section 5.3
- Section 23 should be amended to provide that if
the House committee objects to a name proposed by a commission,
and proposes an alternative name, the commission shall be bound
to accept that name unless the commission later receives public
input regarding the name of the district. If a member of the public
objects to the committee's choice, the commission shall decide on
the most appropriate name.
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Appeal mechanism |
No appeal mechanism provided for. Review
of commission decisions possible through judicial review in Federal Court
of Canada. |
No new provisions |
Recommendation 18
- New body composed of three federal judges to hear
appeals
- Appeal may only be put forward where significant opposition
was registered, or where commission has not deviated in substance
from initial proposal despite mandatory second public review; and
when recommendation for change has been made by the relevant committee
of the House. Appeal to be dispensed of in a timely manner.
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Section 5.1
- Applications for review on questions of law to
the Federal Court of Appeal. Provisions to ensure continued use
of boundaries being appealed.
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Correction of clerical errors |
No provision |
No provision |
No recommendation |
Section 5.2
- The Chief Electoral Officer should be given the
power to correct clerical errors in a report. If the CEO exercises
this power, he or she must make a report to the Speaker of the House.
- The power of the CEO to correct clerical errors should
cease at the coming into force of the new boundaries if the error
to be corrected affected the population of the districts involved.
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Date representation order in force |
Order in force on the first dissolution
of Parliament to occur at least one year after the proclamation of the
order is issued: s. 25. |
Change time period to seven months after
the representation order is made: s. 24 |
Recommendation 20
- Change time period to 180 days after the representation
order is proclaimed
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Section 1.4
- Change time period to seven months after representation
order is proclaimed, but if there is a general election during that
seven-month period, the period is extended for an additional seven
months after the return of the writs.
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Additional administrative requirements
for Elections Canada under the Act |
N/A |
No provision |
No provision in statute for administrative
support |
Section 4.2
- Make express that Elections Canada shall make available
administrative support to electoral boundaries commissions
Section 4.5
- Following a redistribution, the CEO may report to
Parliament on any amendments that are desirable for the better administration
of the Act.
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