REPRESENTATION ORDER
Preparation of draft representation order
24. (1) Where, with respect to each of the reports referred to in
section 20,
(a) it is ascertained by the Chief Electoral Officer that no objection has been filed with the clerk of the committee referred to in subsection 21(1) in the manner and within the time prescribed therefor in section 22, or
(b) after the report was referred back to the Chief Electoral Officer by the Speaker, the report, with or without amendment, has been returned by the Chief Electoral Officer to the Speaker pursuant to section 23,
the Chief Electoral Officer shall forthwith prepare and transmit to the Minister a draft order, in this Act referred to as a "representation order", in accordance with this section.
Contents of order
(2) The draft representation order shall
(a) specify the number of members of the House of Commons who shall be elected for each of the provinces as calculated by the Chief Electoral Officer under subsection 14(1); and
(b) divide each of the provinces into electoral districts, describe the boundaries of each such district and specify the population and name to be given thereto, in accordance with the recommendations contained in the reports referred to in subsection (1).
R.S. 1985, c. E-3, s. 24; 1985, (2nd Supp.), c. 6, s. 7.
Order in force
25. (1) Within five days after the receipt by the Minister of the draft representation order, the Governor in Council shall by proclamation declare the draft representation order to be in force, effective on the first dissolution of Parliament that occurs at least one year after the day on which that proclamation was issued, and on the issue of the proclamation the order has the force of law accordingly.
Returning officers
(2) For the purpose only of authorizing and enabling the appointment, under section 24 of the Canada Elections Act, of returning officers whenever required, the representation order is deemed to be in force effective on the day on which the proclamation declaring it to be in force was issued.
R.S. 1970, c. E-2, s. 23, 27; 1970, (1st Supp.), c. 14, s. 118; 1973-74, c. 23, s. 8; 1978-79, c. 13, s. 26; 2000, c. 9, s. 559.
Publication of order and proclamation
26. The representation order and the proclamation declaring it to be in force shall be published in the Canada Gazette not later than five days after the issue of the proclamation.
R.S. 1970, c. E-2, s. 24.
Construction of order
27. (1) The whole of that part of the representation order relating to any province shall be read together and, in so far as possible, be construed as including the whole of the province in one or another of the electoral districts described therein, the description of each electoral district being accordingly construed as intended, unless the contrary intention appears, to include the whole of the contained area, whether particularly mentioned or not, and any area partly surrounded by the areas expressly described that appears to have been intended to be included.
Doubtful cases
(2) In any doubtful case under subsection (1), the Chief Electoral Officer shall finally determine the electoral district, if any, of which any area not expressly referred to in the representation order was intended to form part and shall, within the first fifteen days of the session of Parliament next following any such determination, report the determination, with the reasons therefor, to the Speaker.
References to territorial divisions
(3) Wherever in the representation order any word or expression is used to denote the name of any territorial division, that word or expression shall, unless the context otherwise requires, be construed as indicating the territorial division as it existed or was bounded immediately before the issue of the proclamation declaring the order to be in force.
Incorrect references
(4) Wherever in the representation order any municipality or other place is incorrectly referred to as a city, town or village, but there is within the territorial limits of the electoral district in the description of which the reference occurs, a municipality or other place of the same name that is a city, town or village but is not of the class, namely, city, town or village, specified in the representation order, the reference shall be taken to be to that municipality or other place.
R.S. 1970, c. E-2, s. 25; 1978-79, c. 13, s. 26.
Maps to be prepared and printed
28. As soon as possible after the issue of the proclamation declaring the representation order to be in force, the Director General of the Surveys and Mapping Branch of the Department of Natural Resources shall, in accordance with the descriptions and definitions set out in the order, and with the cooperation of the Chief Electoral Officer, prepare and print
(a) individual maps of each electoral district showing the boundaries of each district;
(b) individual maps of each province showing the boundaries of the electoral districts established therein; and
(c) individual maps of all cities and metropolitan municipalities, portions of which are in more than one electoral district.
R.S. 1970, c. E-2, s. 26; 1978-79, c. 13, s. 26; 1994, c. 41, par. 38(1)(a).
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