Compendium of Election Administration in Canada - Comparative Overview
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B. Redistribution of Electoral Boundaries
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Across Canada, members of Parliament and the various legislatures are elected to represent a geographical area called an electoral district (also a riding, electoral division or constituency). The number and boundaries of electoral districts are periodically adjusted to reflect changes in population in a process called redistribution. Usually, the size of an electoral district is determined according to a population-based electoral quota, from which a variance of plus or minus 25% is allowed. In Quebec, New Brunswick and Nunavut, unlike other jurisdictions, the electoral quota is based on the total number of electors, rather than on the population.

In some jurisdictions, redistribution takes place every 10 years. That is the case in Canada, Newfoundland and Labrador, Nova Scotia, Manitoba and Saskatchewan. In Prince Edward Island, electoral boundaries are reviewed after every third general election, but in Quebec, Alberta, British Columbia and Yukon, this process takes place after every second general election. In the Northwest Territories and Nunavut, redistribution proceeds only on the advice or resolution of the Legislative Assembly, and in New Brunswick, only after an Order in Council. In Ontario, according to the Representation Act, 1996, the electoral districts are identical to those established for federal elections, and there is no provincial redistribution.

In all jurisdictions (except Ontario), an independent electoral boundaries commission is established to determine the location of electoral boundaries. Federally, a separate boundaries commission is established for each province. Electoral boundaries commissions usually consist of a chairperson and two to five members. In some cases, the position of chairperson is reserved for a specific member of the commission, such as the Chief Electoral Officer (Quebec), or a judge or retired judge (Yukon, Northwest Territories and Nunavut). Usually, the chairperson is appointed by Order in Council, except in Canada, and Newfoundland and Labrador, where the chairperson is appointed by the Chief Justice. Members are generally appointed by the Speaker of the House of Commons or Legislative Assembly or by Order in Council. The legislation in most jurisdictions explicitly states that any person sitting as a member of Parliament or of a Legislative Assembly is ineligible for a boundaries commission. The remuneration for an electoral boundaries commission is fixed by the Lieutenant Governor in Council, Commissioner or Commissioner in Executive Council, as the case may be, except in Quebec, where it is linked to the public service salary scale.

All jurisdictions require electoral boundaries commissions to conduct public hearings on proposed changes. The commissions use such hearings to determine social and economic factors that may influence the location of the boundaries. In general, these hearings are conducted at such times and places as the commission deems necessary. Most jurisdictions require reasonable public notice; in Canada and Saskatchewan, notice must be given at least 60 days and 30 days, respectively, before the hearings. In these two jurisdictions, any person interested in making a presentation to the commission is required to express that interest in writing to the secretary of the commission within a specified time.

All electoral boundaries commissions are required to report their recommendations to the House of Commons or to a Legislative Assembly. In Canada, Nova Scotia, New Brunswick, Quebec, Alberta, British Columbia and Yukon, a preliminary report is also required. In most cases, the law is explicit that new legislation must be introduced to implement the commission's recommendations. The jurisdictions of Canada, Quebec, Saskatchewan, Alberta and Yukon require boundary changes to come into force either upon dissolution of Parliament or the Legislative Assembly, or before the following election. In all other jurisdictions, the date that the new boundaries come into effect is specified in the legislation authorizing the boundary changes. As a matter of practice, however, this also occurs upon the dissolution of the Legislative Assembly or before the next election.

 

 
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  Table B.1 Frequency of redistribution and criteria for determining boundaries
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Jurisdiction
Redistribution
Criteria
Frequency
Date of last redistribution
Number of electoral districts after last redistribution
Electoral quota
Deviance
Canada After every decennial census
1996
301
Population of each province divided by number of electoral districts in province 25% of electoral quota
Newfoundland and Labrador Every 10 years
1993
48
Population of province divided by 47 10% of electoral quota
Prince Edward Island After every third general election
1994
27
25% of average number of electors in all districts
Nova Scotia Every 10 years
2002
52
25% of average number of electors per constituency
New Brunswick Following an Order in Council
1993
55
Average electoral district will have 9,411 electors 25% of 9,411 (average electoral district voter population)
Quebec After every second general election
2001
125
Total number of electors divided by number of electoral divisions 25% of electoral quota
Ontario1
1996
103
Manitoba Every 10 years
1999
57
Population of province divided by 57
North of 53rd parallel: 25% of electoral quota
South of 53rd parallel: 10% of electoral quota
Saskatchewan Every 10 years
2002
58
Total population minus northern population divided by 56 South of the dividing line (all constituencies except two): 5% of electoral quota
Alberta After every second general election

2003

83
25% of average population, except for up to 4 electoral divisions, which may be up to 50% below average population
British Columbia After every second general election
1999
79
25% of common statistical electoral quota
Yukon After every second general election
2002
18
Northwest Territories Upon recommendation of Legislative Assembly
1998
19
Nunavut By resolution of Legislative Assembly, every 10 years after establishment of first commission within 24 months of swearing-in of members of Legislative Assembly
1997
19
Number of voters on final voters list for most recent general election, divided by number of constituencies
More than 30% of electoral quota

1According to Ontario's Representation Act, 1996, the electoral boundaries are the same as those established by the federal redistribution process.

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  Table B.2 Electoral boundaries commissions
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Jurisdiction
Composition
Appointment
Eligibility
Remuneration
Canada One chairperson, two members Chairperson for each province is appointed by Chief Justice of province; members, by Speaker of House of Commons Not eligible: Members of Senate or House of Commons, members of provincial legislative assemblies or legislative councils Fixed by Governor in Council
Newfoundland and Labrador One chairperson, four members Chairperson is appointed by Chief Justice of Newfoundland and Labrador; members, by Speaker of House of Assembly Not eligible: Members of Senate or House of Commons (Canada) or House of Assembly As authorized by Lieutenant-Governor in Council
Prince Edward Island One chairperson, two members Chairperson is appointed by Lieutenant Governor in Council; members, by Speaker of Legislative Assembly Not eligible: Members of Legislative Assembly, members of Parliament (Canada), and employees of Government of Prince Edward Island As determined by Lieutenant Governor in Council
Nova Scotia Varies (determined by a select committee of the House) Chairperson and members are appointed by a select committee of the House
New Brunswick Two co-chairpersons, four members Co-chairpersons and members are appointed by Order in Council
Quebec One chairperson, two commissioners Chairperson must be Chief Electoral Officer; commissioners appointed by Prime Minister of Quebec, with approval of 2/3 of National Assembly
Must be qualified electors
For each day of sitting, commissioners are entitled to 1% of minimum salary received annually by a Class V administrator
Ontario1
Manitoba Three members Members must be: Chief Justice of Manitoba, President of The University of Manitoba, and Chief Electoral Officer (see Appointment) As fixed by Lieutenant Governor in Council
Saskatchewan One chairperson, two members Chairperson is appointed by Lieutenant Governor in Council; members, by Lieutenant Governor in Council on advice of leaders of the opposition and other members of Legislative Assembly Must be a resident of Saskatchewan; may not be: member of Legislative Assembly, member of Parliament (Canada), or member of Saskatchewan public service As fixed by Lieutenant Governor in Council
Alberta One chairperson, four members Chairperson is appointed by Lieutenant Governor in Council; members, by Speaker of Legislative Assembly – two on nomination of Leader of the Opposition and two on nomination of President of Executive Council
Chairperson must be one of the following: Ethics Commissioner, Auditor General, president of a post-secondary educational institution in Alberta, a judge or retired judge of any court in Alberta, or a person whose qualifications are deemed to be similar to those of the above
Members must be Canadian citizens, resident in Alberta, and at least 18 years old
Members of Legislative Assembly are ineligible
Of the pairs of nominees presented to Speaker, one member must reside in a city, and the other must reside outside a city
As prescribed by Lieutenant Governor in Council
British Columbia One chairperson, two members
Lieutenant Governor in Council appoints the following: a judge or retired judge of Supreme Court or Court of Appeal; a person who is not a member of Legislative Assembly or an employee of government and who is nominated by Speaker of Legislative Assembly; and Chief Electoral Officer
One member appointed as chair
(see Appointment) As prescribed by Lieutenant Governor in Council
Yukon One chairperson, four members Commission members are appointed by Commissioner in Executive Council
Chairperson must be a judge or retired judge of Supreme Court of the Yukon
Members must be Chief Electoral Officer and Yukon resident chosen by each leader of a registered political party represented in Legislative Assembly
As prescribed by Commissioner in Executive Council
Northwest Territories One chairperson, two members Chairperson and members are appointed by Commissioner on advice of Legislative Assembly Chairperson must be a judge or retired judge of Supreme Court or Court of Appeal; may not be a member of Legislative Assembly, a municipal council or a settlement council As determined by Board of Management
Nunavut One chairperson, two members Chairperson and members are appointed by Commissioner on advice of Legislative Assembly
Chairperson must be a judge or retired judge of Nunavut Court of Justice or Court of Appeal
Members must be persons entitled to vote; may not be members of Parliament, Legislative Assembly, a municipal council or members of the legislature of a province or another territory
As determined by Management and Services Board, unless member receives a salary under Judges Act

1 According to Ontario's Representation Act, 1996, the electoral boundaries are the same as those established by the federal redistribution process.

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  Table B.3 Public hearings
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Jurisdiction
Frequency
Public notice
Notice of representation
Canada At such times and places as commission deems necessary, with at least one sitting in each province At least 60 days before start of sittings, notice of sittings must be published in Canada Gazette and at least one newspaper of general circulation in province Within 53 days of last public notice, a person desiring to make a presentation at hearings must notify secretary of commission, in writing, indicating his or her name, address and nature of the presentation
Newfoundland and Labrador Times and places determined by commission, with at least one sitting in island portion of province and one sitting in Labrador Commission must publish reasonable notice of sittings in at least one newspaper of general circulation in province at least 10 days before start of sittings
Prince Edward Island Times and places determined by commission Commission must give reasonable public notice of hearings
Nova Scotia Times and places determined by commission
New Brunswick Times and places determined by commission
Quebec
Within 6 months of tabling preliminary report, commission must hold hearings in the various regions of Quebec
Commission then has 4 additional months for hearings on amendments to preliminary report
Commission must give notice of hearings
Ontario1
Manitoba Times and places determined by commission Commission must give reasonable public notice of times and places of hearings
Saskatchewan Times and places determined by commission At least 30 days before a hearing, commission must advertise time and place of hearing in a newspaper having general circulation in that area At least 15 days before a hearing, a person interested in making a presentation to the commission must inform secretary of commission, in writing, of his or her name and address, a summary of the presentation, and his or her political, financial or other interest
Alberta Times and places determined by commission Commission must give reasonable public notice of time, place and purpose of any public hearings
British Columbia Times and places determined by commission Commission must give reasonable public notice of time, place and purpose of any public hearings
Yukon Times and places determined by commission Commission must give reasonable public notice of time, place and purpose of any public hearings
Northwest Territories Times and places determined by commission Commission must give reasonable public notice of hearings
Nunavut Times and places determined by commission At least 30 days before public hearing, notice must be published in Nunavut Gazette and in at least one newspaper of general circulation
1 According to Ontario's Representation Act, 1996, the electoral boundaries are the same as those established by the federal redistribution process.

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  Table B.4 Submission of report to Parliament or Legislative Assembly
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Jurisdiction
Submission of report
Procedure for enactment
Coming into force of boundary changes
Submitted to
Time limits for submission or deliberation
Canada
Report submitted to Chief Electoral Officer who transmits a copy to Speaker, who lays a copy before House of Commons, which refers report to committee
Report and any objections returned to Chief Electoral Officer for delivery to commission
Commission returns a copy of report, with or without amendment, to Chief Electoral Officer for transmission to Speaker
Commission submits initial report within 1 year of receiving copy of return from Chief Electoral Officer
Objections filed with committee within 30 days and considered by committee within 30 days thereafter
Commission has 30 days to consider any objections raised by committee
Chief Electoral Officer transmits to Minister a draft representation order, which must be declared in force by proclamation by Governor in Council within 5 days of having been received by Minister Effective on first dissolution of Parliament that occurs at least 1 year after proclamation
Newfoundland and Labrador Report submitted to Minister, who transmits a copy to Lieutenant-Governor in Council and lays a copy before Legislature A copy of report laid before Legislature within 15 days of submission of report to Lieutenant-Governor in Council if Legislature is sitting, or if it is not sitting, within 15 days after start of next session
Effective on date specified in Act
Prince Edward Island Report submitted to Speaker, who lays a copy before Legislative Assembly Report laid before Legislative Assembly immediately, or if it is not sitting, then within 7 days of opening of next session
Effective on date specified in Act
Nova Scotia Report submitted to House of Assembly; Premier tables report Report tabled next sitting day of House of Assembly, or if House is not sitting, then within 10 days of opening of next session
Within 10 sitting days after final report tabled in House, the government introduces legislation to implement final report's recommendations
Effective on date specified in Act
New Brunswick
Interim report submitted to Clerk of Legislative Assembly, and referred to committee composed of 7 members of the Assembly and 1 person from each registered political party without representation in Legislative Assembly
Committee reports its recommendations to Legislative Assembly
Clerk forwards recommendations to commission, which then produces final report and submits it to Clerk
Committee considers interim report within 120 days of receiving it
Effective on date specified in Act
Quebec
Preliminary report submitted to President or Secretary General of National Assembly; President of National Assembly tables report
Must be submitted for examination to Committee on the National Assembly
Final report submitted to President or Secretary General of National Assembly, who tables it before National Assembly
Preliminary report submitted within 12 months of second general election following last redistribution
Report tabled within 15 days of receipt, or if National Assembly is not sitting, then within 15 days after opening of next session
Final report debated (for maximum of 5 hours) within 5 days of tabling
Not later than 10 days following debate, commission establishes boundaries and names of divisions and publishes list in Gazette officielle du Québec
Upon dissolution of National Assembly, unless dissolution occurs less than 3 months after publication of list
Ontario1
Manitoba Report submitted to Lieutenant Governor in Council and to President of Council, who lays a copy before Legislative Assembly Report laid before Legislative Assembly immediately, or if it is not sitting, then within 7 days of opening of next session
Effective on date specified in Act
Saskatchewan Final report submitted to Speaker of Legislative Assembly, who lays report before Legislative Assembly; or to Clerk of Legislative Assembly, if it is not in session Submission to Speaker of Legislative Assembly within 6 months of establishment of commission; must be laid before Legislative Assembly or Clerk within 15 days of Speaker having received report Minister introduces bill for establishment of new constituencies in same session Upon proclamation, which must be issued before next general election
Alberta Interim report and final report submitted to Speaker of Legislative Assembly; final report laid before Legislative Assembly
Interim report submitted within 7 months of appointment of commission
Final report may be submitted within 5 months of submission of interim report; must be laid before Legislative Assembly immediately, or if it is not sitting, then within 7 days of beginning of next session
Government introduces bill to establish new electoral divisions at same session if Assembly approves, or approves with alterations, commission's proposals Upon proclamation, which must be issued before next general election
British Columbia Report submitted to Speaker of Legislative Assembly; commission may also submit any amendments to report to Speaker
Submitted within 12 months of appointment of commission; amendments may be submitted within 6 months of initial submission
Report and any amendments laid before Legislative Assembly immediately, or if it is not in session, then within 7 days of beginning of next session
At same session Government introduces bill to establish new electoral districts Effective on date specified in Act
Yukon Interim report submitted to Speaker, who tables it in Legislative Assembly, or if it is not sitting, delivers copies to all members of Legislative Assembly; final report submitted in same manner Interim report completed within 7 months of date commission was appointed; final report filed within 5 months of interim report Government introduces bill to establish new electoral districts no later than sitting of Assembly that follows sitting in which report was tabled  Upon dissolution of Legislative Assembly that passed the bill
Northwest Territories Submitted to Speaker and Clerk of Legislative Assembly; after report has been considered by Legislative Assembly, Speaker provides a copy of report to Minister of Indian Affairs and Northern Development Submitted within time fixed by Legislative Assembly, or if no time is fixed, a reasonable time after commission starts its review
Effective on date specified in Act
Nunavut
Certified copies of report submitted to Chief Electoral Officer, Speaker and Clerk of Legislative Assembly
Clerk delivers a copy to each member of Legislative Assembly and makes it available to public at office of the Clerk
Report must be completed within 250 days after commission is established
Report laid at the first opportunity before Legislative Assembly, which must consider it as soon as practicable
Chief Electoral Officer submits draft bill to Speaker who introduces it in Legislative Assembly at earliest opportunity after day of receipt

Effective on first day following dissolution of Legislative Assembly, but no earlier than 6 months after enactment

1 According to Ontario's Representation Act, 1996, the electoral boundaries are the same as those established by the federal redistribution process.

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