ELECTORAL BOUNDARIES COMMISSIONS

Commissions to be established

  3. (1) For each decennial census, the Governor in Council shall, within sixty days after the receipt by the Minister of a return certified by the Chief Statistician under section 13, establish by proclamation, published in the Canada Gazette, an electoral boundaries commission for each province.

Duties of the commissions

 (2) The ten commissions established pursuant to subsection (1) shall consider and report on the readjustment of the representation of the provinces in the House of Commons required to be made on the completion of each decennial census.

R.S. 1970, c. E-2, s. 3, 4; 1974-75-76, c. 28, s. 5; 1978-79, c. 13, s. 26., S.C 2001, c. 21, s. 27.

Constitution of commission

  4. Each commission for a province shall consist of three members, namely, a chairman and two other members appointed as provided in sections 5 and 6.

R.S. 1970, c. E-2, s. 5; 1978-79, c. 13, s. 19.

Appointment of chairperson

  5. (1) The chairperson of the commission for a province shall be appointed by the chief justice of that province from among the judges of the court over which the chief justice presides or, after consultation with the chief justice of any other branch or division of that court or any other superior court in that province, from among the judges of that branch, division or superior court.

Idem

 (2) In the event that no judge referred to in subsection (1) is able or free to act as chairman or where, for any other reason, no appointment is made under subsection (1) within the time provided therefor by this Act, the Chief Justice of Canada or, in the event of the absence or incapacity of the Chief Justice of Canada, the senior puisne judge of the Supreme Court of Canada shall make the appointment from among such persons resident in that province as he deems suitable.

References

 (3) A reference in subsection (1) to the chief justice of a province includes a reference to the acting chief justice of the province or any person performing for the time being the duties of the chief justice of the province.

R.S. 1970, c. E-2, s. 6; 1974-75-76, c. 28, s. 6; 1998, c. 15, s. 25.

Appointment of other members

  6. (1) The other two members of the commission for a province shall be appointed by the Speaker from among such persons resident in that province as the Speaker deems suitable.

Reference to Speaker

 (2) A reference in subsection (1) to the Speaker of the House of Commons includes a reference to any person performing for the time being the duties of the Speaker.

R.S. 1970, c. E-2, s. 6; 1974-75-76, c. 28, s. 6; 1978-79, c. 13, s. 20.

Notice of appointment to be given

  7. On the making of any appointment under sections 5 and 6, the person making the appointment shall forthwith notify the Minister of the appointment.

R.S. 1970, c. E-2, s. 6; 1974-75-76, c. 28, s. 6; 1978-79, c. 13, s. 26.

Proclamation to name members

  8. The proclamation establishing a commission shall name each of the members appointed to it.

R.S. 1970, c. E-2, s. 7.

Deputy chairman

  9. (1) A commission may appoint one of its members as deputy chairman, who shall, in the event of the absence or incapacity of the chairman or if the office of chairman is vacant, act as chairman.

Quorum and deciding vote

 (2) At all meetings of a commission, two members of the commission constitute a quorum and, where at any meeting of a commission there is an equality of votes, the chairman or person acting as chairman has a deciding vote.

Vacancy in membership

 (3) A vacancy in the membership of a commission or in the office of chairman does not impair the right of the remaining members to act, but where any such vacancy occurs it shall be filled within thirty days by appointment in the manner provided in sections 5 and 6, and the person making the appointment shall thereupon give notice of the appointment to the Minister who shall forthwith cause the appointment to be published in the Canada Gazette.

R.S. 1970, c. E-2, s. 7; 1978-79, c. 13, s. 21.

Eligibility of members

  10. No person is eligible to be a member of a commission while that person is a member of the Senate or House of Commons or is a member of a legislative assembly or legislative council of a province.

R.S. 1970, c. E-2, s. 8.

Remuneration

  11. (1) Each of the members of a commission, other than a person in receipt of salary under the Judges Act, is entitled to be paid such daily allowance as may be fixed by the Governor in Council.

Expenses

 (2) Each of the members of a commission is entitled to be paid reasonable travel and living expenses incurred by the member while absent from his ordinary place of residence in the course of his duties as a member of the commission.

R.S. 1970, c. E-2, s. 9; 1978-79, c. 13, s. 22.

Not agent of Her Majesty

  12. A commission is not an agent of Her Majesty and the members of a commission as such are not part of the public service of Canada.

R.S. 1970, c. E-2, s. 10.

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