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Study of Bill C-14, An Act to amend the Constitution Act, 1867 (electoral representation) - June 7, 2022

Opening remarks

Minister of Intergovernmental Affairs, Infrastructure and Communities

Study of Bill C-14, An Act to amend the Constitution Act, 1867 (electoral representation)

Standing Committee on Procedure and House Affairs

June 2022

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Introduction

Thank you Madame Chair.

Members and honourable colleagues, I am pleased to appear before this Committee to discuss Bill C-14, also known as the Preserving Provincial Representation in the House of Commons Act.

I am joined today by officials from the Privy Council Office; Al Sutherland, Assistant Secretary to the Cabinet, Machinery of Government and Democratic Institutions and Rachel Pereira, Director of Policy in the Democratic Institutions Secretariat.

As we all know, on October 15, 2021, the Chief Electoral Officer announced the new distribution of seats in the House of Commons allocated to the provinces and territories based on the Constitutional formula and population changes over the past 10 years.

This new distribution will see the House increase by four seats (from 338 to 342), with one additional seat to British Columbia; three additional seats to Alberta, on additional seat to Ontario; and one seat being lost in Quebec.

This Government recognizes that losing a seat in the House of Commons is significant, and we understand the concerns felt by the citizens of Quebec. That is why preserving Quebec’s seats in the House of Commons remains a priority.

Bill C-14 is our government’s response to this priority.

It seeks to amend section 51 of the Constitution Act, 1867 to ensure that no province will have fewer seats than it did during the 43rd Parliament. Simply put, it will replace the 1985 grandfather clause with a 2021 grandfather clause.

This means that Quebec, as a nation and the only French-speaking province, will not lose a seat this decennial.

But I would also note that the 2021 grandfather amendment being proposed would also apply to all other provinces, raising their minimum number of seats and protecting them in the event of a significant shift in population in the years to come.

Colleagues, this is a small but impactful amendment. It will preserve Quebec’s 78 seats in the House of Commons while respecting the incremental gains made by British Colombia, Alberta and Ontario announced by the Chief Electoral in October.

Furthermore, I would point out that under Bill C-14, the seat allocation formula, and the way in which seats are calculated, remains exactly the same, with all existing protections – namely the senatorial clause, the representation rule, and the territorial clause – firmly in place.

As you know, 2021 was a decennial census year, and as such, the electoral boundaries redistribution process, as required by the Electoral Boundaries Readjustment Act, is underway on the basis on the Chief Electoral Officer’s calculation.

Ten independent, non-partisan electoral boundaries commissions were established by proclamation on November 1, 2021, one for each province.

The independence of these commissions is a fundamental element of the electoral boundaries readjustment process and I would like to take this opportunity to thank the members of the commissions for their service and ongoing work across the country.

The commissions began their work following the release of the final census data in early February of this year.

As they prepare their electoral boundary proposals, they will hold public consultations before submitting reports to Parliament for consideration, and will ultimately decide on the changes to be made within each province.

In order to ensure that C-14’s new grandfather clause applies to the current redistribution process, the bill also includes a number of Transitional provisions to ensure smooth implementation.

For example, upon coming into force, Bill C-14 would require the Chief Electoral Officer to recalculate the number of seats in the House of Commons with the updated 2021 grandfather clause.

As we know, only the work of the Quebec commission will be impacted this decennial under Bill C-14.

This means that Quebec’s electoral boundaries commission will prepare a boundary proposal that takes into account the new seat allocation. However, they will have the same 10-month timeframe as the other commissions to complete their work in the ongoing redistribution process, as required under the Electoral Boundaries Readjustment Act.

The Transitional provisions additionally ensure that the work of other provincial commissions can continue to advance uninterrupted.

This is a unique approach we have taken to ensure that should Quebec’s electoral boundaries commission require more time to complete their work as a result of the recalculation, they will not delay the implementation of the work completed by other provincial commissions.

Honourable colleagues, thank you for allowing me to highlight the key features of Bill C-14.

To conclude, I would like to reiterate that our Government is committed to working with opposition parties to ensure passage of this important legislation.

Once again, thank you for the opportunity to appear today and I look forward to answering any questions.

Thank you Madame Chair.

Key messages

The Government of Canada is committed to ensuring Canada’s democratic institutions remain strong and that provinces and territories remain well represented in the House of Commons.

The seat allocation and the electoral boundaries readjustment process is an integral part in our democracy. They ensure that the House of Commons reflects the changing nature of Canada’s demographic profile and that all Canadians’ voices are effectively heard.

Bill C-14, also known as the Preserving Provincial Representation in the House of Commons Act, is a targeted approach that will ensure that no province will hold fewer seats in the House of Commons that it did during the 43rd Parliament.

If passed, the amendment would update the 1985 grandfather clause of the seat allocation formula, found in section 51 of the Constitution Act, 1867, providing a new minimum number of seats to provinces in the House.

This small but impactful amendment will ensure that Quebec retains 78 seats while respecting the seat gains made in British Columbia (+1), Alberta (+3) and Ontario (+1) for this redistribution.

Bill C-14 also includes important Transitional provisions to ensure the amendment is in effect for the current redistribution process underway, and seeks to ensure a smooth implementation of all boundary proposals to come forward from the independent provincial electoral boundaries commissions.

Questions and answers

Q1. What prompted this proposed legislation to amend the seat allocation formula?

A1. The Government of Canada is committed to maintaining the strength of its democratic institutions and ensuring provinces and territories continue to be well represented in the House of Commons.

On October 15, 2021, the Chief Electoral Officer (CEO) of Canada announced that the number of seats allocated to the provinces and territories in the next redistribution of seats in the House of Commons will increase from 338 to 342.

The number of House of Commons seats is recalculated after each ten-year census to account for changes and movements in Canada’s population. The CEO completed this calculation using the population estimates provided by the Chief Statistician of Canada and the formula found in section 51 of the Constitution Act, 1867. The CEO has no discretion over the calculation.

Under the new seat allocation, provinces and territories would be represented in the House of Commons as follows:

The seat allocation serves as a basis for redrawing the federal electoral district boundaries within each province.

The Government’s proposed legislation is a targeted approach that would ensure provinces and territories continue to be well represented in the House of Commons. Under the proposal, Quebec would retain 78 seats and could have no fewer than 78 seats in the future.

Q2. What is the Government of Canada proposing?

A2. The Government is proposing to amend the Constitution Act, 1867 so that not province will have fewer seats in the House of Commons that it did in 2021. The 2021 grandfather clause would respond to Quebec’s concerns over losing one seat in the House.

The 2021 grandfather clause would work in the same way as the 1985 grandfather clause, which ensures that no province can have fewer seats than it had in 1985. Instead, however, it would ensure that no province will have fewer seats than it had during the 43rd Parliament. This means that Quebec’s new minimum of seats would be increased to 78.

This update also applies to all other provinces which would provide for a new minimum number of seats going forward, as shown below:

Province 1985 GF seats Updated 2021 GF seats
N.L. 7 7
P.E.I. 4 4
N.S. 11 11
N.B. 10 10
Que. 75 78
Ont. 95 121
Man. 14 14
Sask. 14 14
Alta. 21 34
B.C. 28 42

This approach would also respect the seats gained in this decennial process by Ontario (1), Alberta (3), and British Columbia (1). In proposing this legislation, the government is affirming its commitment to ensuring the voices and concerns of Canada’s populations continue to be heard in Parliament.

Q3. What would the new measure mean for other provinces and territories?

A3. The new rule would apply to all provinces. This means that no province would ever have fewer seats than they had during the 43rd Parliament. No changes are proposed to the territorial clause which ensures that the Yukon, the Northwest Territories and Nunavut receive one seat each.

The amendment would update the grandfather clause from 1985 under the seat allocation formula found in section 51 and would not affect any other elements of the formula. There would be no change to the additional seats that will be allocated to Ontario, Alberta, and British Columbia in this decennial census, as calculated by the Chief Electoral Officer.

Quebec, the Atlantic provinces and the Prairie provinces will continue to benefit from the special protections under the seat allocation formula. The objective of the current formula, which is designed to strike a balance between modest growth for faster-growing provinces and continues protections for smaller and slower-growing provinces, would remain the same. This means faster-growing provinces will continue to see incremental seat increases due to growing provincial populations.

Q4. Does Bill C-14 Preserve Quebec’s Weight in the House of Commons?

A4. The Government’s proposed legislation is a targeted approach that would ensure provinces and territories continues to be well represented in the House of Commons. Under the proposal, Quebec would retain 78 seats and could have no fewer than 78 seats in future.

Preserving Quebec’s weight, or alternatively, setting a fixed percentage of seats for a province in the House of Commons, would be historically unprecedented, and would disrupt the principle or proportionate representation in the House of Commons. Such a change would engage the application of the 7/50 general amending formula, which requires resolutions of the Senate, the House of Commons, and the legislative assemblies of at least two-thirds of the provinces with at least 50% of the population of all the provinces.

It should be noted that under Bill C-14, Quebec, among other provinces, remains overrepresented in the House of Commons relative to its share of the population.

Q5. Would the Government’s proposal trigger the 7/50 general amending formula?

A5. No, the Government’s proposal would be within Parliament’s scope to approve. It would not be expected to trigger the 7/50 general amendment formula, which requires resolutions of the Senate, the House of Commons, and the legislative assemblies of at least two-thirds of the provinces with at least 50% of the population of all the provinces. This is because the government’s 2021 grandfather clause amendment is a modest change that is wholly consistent with Canada’s principle and practice of modified representation by population. The Fair Representation Act, which was introduced in 2011, did not engage the 7/50 formula for the same reasons.

Q6. Does Bill C-14 give special treatment to Quebec? What about other faster growing provinces who remain underrepresented?

A6. While Quebec will benefit from this amendment at his time, the new rule will apply to all provinces. This means that no province can ever have fewer seats than they had during the 43rd Parliament, should there ever be a significant shift in their populations.

The objective of the current formula remains the same, which is designed to strike a balance between modest growth for faster growing provinces and continued protections for smaller and slower growing provinces.

Q7. What protections are in place for other provinces?

A7. The Constitutional formula continues to ensure that smaller provinces and those with declining populations are protected. This will not change under Bill C-14.

The senatorial clause ensures that no province can have fewer seats than it has in the Senate, regardless of its population. Provinces that benefit from the senatorial clause are NFLD, PEI, NS, and NB.

The grandfather clause would be updated under Bill C-14 to ensure that no province can have fewer seats than it had in 2021, or the 43rd Parliament. This means that Quebec cannot have fewer than 78 seats irrespective of its population going forward. Provinces that benefit from the grandfather clause are NFLD, NS, QC, MB, and SK, and other the Government proposal, ON, AB and BC will also benefit.

Finally, the representation rules ensures that any province that was overrepresented in the House of Commons at the previous redistribution remains over-represented in the House following the current redistribution.

Q8. Will the Government’s proposal delay or negatively impact the ongoing electoral redistribution process?

A8. The Government’s proposal ensures that the 2022 redistribution process will continue without any negative impacts. The Transitional provisions require the Chief Electoral Officer to recalculate the number of seats assigned to a province under the amended rule. However, only the electoral boundary commission for Quebec would need to adjust their work as prescribed under the Electoral Boundaries Readjustment Act.

In addition, the Quebec commission will have the same 10-month period as all other provinces as prescribed under the Electoral Boundaries Readjustment Act to prepare and consult upon their boundary proposals. And importantly, there will be no disruptions to any other commissions in other provinces. Their work will continue to proceed and be implemented as planned under the current legislated timelines.

Q9. When will the new electoral boundaries for provinces be implemented?

A9. The provincial electoral boundaries commissions are currently preparing boundary proposals for their respective provinces and will hold public hearings for feedback. These proposals will be submitted to Parliament, expected in December 2022, for Parliament’s review. Final decisions on boundaries will be made by the independent commissions in Summer 2023. A representation order describing and naming Canada’s electoral districts is expected to be completed in September 2023. These changes will then be applied in the first general election called at least seven months after the representation order is proclaimed. This means that electoral boundary changes will not come into effect before April 2024, at the earliest.

However, it is possible that the Quebec commission will not complete their work by this time. This is because Bill C-14 allows the Quebec commission the same 10 month period that all provinces have to prepare, consult upon and table their boundary proposal for Parliament’s review.

In this case, the work of the Quebec commission would move forward on a separate track from the other provinces, and a separate representation order would be issued for the province of Quebec. This approach ensures that there are no delays in implementing the work completed by other provincial commissions.

Q10. What happens if there is an election before the new representation order for Quebec is implemented?

A10. Bill C-14 ensures that Quebec has no fewer than 78 seats. Under the Government’s proposal, should there be an election before the electoral boundaries for Quebec are implemented, the province would rely upon the previous electoral district boundaries established under the Proclamation Declaring the Representation Order to be in Force Effective on the First Dissolution of Parliament that Occurs after May 1, 2014, and would thereby retain its 78 seats.

Q11. Does Bill C-14 include other commitments from the Supply and Confidence agreement (3-day voting, improvement to the mail-in ballot process, etc.)?

A11. Bill C-14 addresses the pressing issue of the loss of a seat for the province of Quebec that stems from the announcement by the CEO in October 2021. Other commitments, such as a three day voting period or improvements to the mail-in ballot process, are important issues that would be considered in the context of the forthcoming Chief Electoral Officer’s recommendations report and future potential amendments to the to the Canada Elections Act. I look forward to working with members of this committee to consider ways to further strengthen federal elections.

Background information

Minister of Intergovernmental affairs, Infrastructure and Communities
May 2022

In this section

  1. Overview of seat allocation and electoral boundaries readjustment
  2. How the seat allocation formula works
  3. New guaranteed minimum number of seats under Bill C-14
  4. Bill C-14 “2021 Grandfather Clause” – Seat Projections to 2051
  5. Electoral boundaries readjustment timeline

1. Seat allocation and electoral boundaries readjustment

2. How the seat allocation formula works

Step 1: Initial seat count: The base number of seats is obtained by dividing the population of each province by the electoral quotient. The electoral quotient for 2022 is 121,891. The electoral quotient is obtained by multiplying the quotient of the last decennial redistribution (111,166) by the average population growth rates of the 10 provinces (9.65%) over the last 10 years.

Step 2: Special clauses: Adjustments are made to account for the “senatorial clause” (which guarantees each province no province no fewer seats in the HoC than it has in the Senate), and the “grandfather clause” (which guarantees each province no fewer seats than it had in 1985*).

Step 3: Representation rule: Following the application of special clauses, if a province was over-represented in the HoC at the completion of the previous redistribution process and becomes under-represented in the HoC relative to its population share, then it is given extra seat(s) to ensure its share of seats is proportional to its share of the population (has only applied to QC to date).

Step 4: Territorial seats and final calculation: Lastly, three seats are allocated to the territories – one each for the Yukon, the Northwest Territories and Nunavut – to obtain the total number of seats in the House of Commons.

3. New minimum number of seats under Bill C-14

Province Senatorial clause 1985 Grandfather clause Bill C-14 2021
Grandfather clause
NL 6 7 7
PEI 4 4 4
NS 10 11 11
NB 10 10 10
QC 24 75 78
ON 24 95 121
MB 6 14 14
SK 6 14 14
AB 6 21 34
BC 6 28 42

4. Bill C-14 “2021 Grandfather Clause” – Seat Projections to 2051

Province/ Territory Rule 2: No fewer seats than during the 43rd Parliament
2021 2031 2041
Electoral Quotient 121,891 Electoral Quotient 132,675 Electoral Quotient 141,357
Population % of Pop Seats % of Seats Population % of Pop Seats % of Seats Population % of Pop Seats % of Seats
NFLD 520,553 1.37 7 2.06 522,300 1.24 7 2.01 506,000 1.11 7 1.97
PEI 164,318 0.43 4 1.18 175,400 0.42 4 1.15 187,200 0.41 4 1.12
NS 992,055 2.60 11 3.24 994,700 2.36 11 3.16 991,900 2.17 11 3.09
NB 789,225 2.07 10 2.94 789,500 1.87 10 2.87 782,000 1.71 10 2.81
QC 8,604,495 22.57 78 22.94 9,004,700 21.37 78 22.41 9,399,400 20.57 78 21.91
ON 14,826,276 38.90 122 35.88 16,563,200 39.32 125 35.92 18,001,100 39.40 128 35.95
MB 1,383,765 3.63 14 4.12 1,555,500 3.69 14 4.02 1,720,700 3.77 14 3.93
SK 1,179,844 3.10 14 4.12 1,438,200 3.41 14 4.02 1,645,400 3.60 14 3.93
AB 4,442,879 11.66 37 10.88 5,356,600 12.71 41 11.78 6,228,800 13.63 45 12.64
BC 5,214,805 13.68 43 12.65 5,728,300 13.60 44 12.64 6,225,900 13.63 45 12.64
Provincial Total 38,118,215 100 340 100 42,128,400 100 348 100 45,688,400 100 356 100
YK 42,986   1   50,000   1   56,700   1  
NWT 45,504 1 48,200 1 49,800 1
NU 39,403 1 46,200 1 52,600 1
Total 38,246,108 343 42,272,700 351 45,847,600 359

Source: Statistics Canada – Projected Population (Projection Scenario M4 – Medium Growth)

5. Electoral boundaries readjustment timeline 2021-2024

Legislated step Summary Timeline (estimated)
Allocation of seats CEO calculates number of seats per province using population estimates and formula set out Constitution Act, 1867 October 2021
Commissions established Three-member commission established in each province by Order in Council November 2021
Publication of census data Ten commissions’ begin their work based on Statistics Canada’s census release February 2022
Publication of proposals Each commission develops a boundary proposal for its province March – August 2022
Public hearings Commissions’ must hold at least one public hearing where the public/MPs can make presentations April – October 2022
Completion of reports Commissions’ finalize reports on new electoral districts November – December 2022
Reports submitted to Parliament Reports are sent to the Speaker of the HoC through the CEO; reports are subsequently tabled and referred to committee December 2022
Objections from MPs MPs file written objections to a report with the designated parliamentary committee January – February 2023
Parliamentary committee considers objections Reports are returned to the Commissions’ with MP objections March – May 2023
Commissions consider objections Commissions decide whether to modify the boundaries before submitting final reports to the Speaker through the CEO May – June 2023
Representation Order New electoral districts are established through a Representation Order issued by the Governor in Council September 2023
Boundaries established Representation Order in force for a general election (7 months after Representation Order proclaimed) April 2024 (earliest)

Bill C-14, An Act to amend the Constitution Act (electoral representation): Clause-by-clause analysis

44th Parliament, 1st Session

Clause 1

Alternative Title

Proposed

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

Comments

Clause 1 provides for an alternative title to refer to the Bill.

Clause 2

Constitution Act, 1867

Proposed

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

2 If the number of members assigned to a province by the application of rule 1 and section 51A is less than the total number assigned to the province during the 43rd Parliament, there shall be added to the number of members so assigned the number of members that will result in the province having the same number of members as were assigned during that Parliament.

Comment

Clause 2 is the substantive Clause of the Bill and amends Rule 2 in section 51 of the Constitution Act, 1867 to update the 1985 grandfather clause. It provides that in the readjustment after each decennial census, no province is allocated fewer members in the House of Commons than the province had in the 43rd Parliament.

Reference to the 43rd Parliament makes clear the minimum number of members referred to for all provinces.

Clause 3

Interpretation

Proposed
Deemed reference

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

Comments

Clause 3 confirms that the amendment in Clause 2 forms part of the Constitution of Canada.

Clause 4

Transitional provisions

Proposed
Definitions

(1) The following definitions apply in this section and section 5.

Act means the Electoral Boundaries Readjustment Act.

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.

Words and expressions

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

Comments

Clauses 4 and 5 include Transitional provisions to enable the amendment affected by Clause 2 to apply to the ongoing redistribution process following the results of the 2021 census.

Clause 4(1) defines terms used in the Transitional provisions of the Bill, including that the word “Act” refers to the Electoral Boundaries Readjustment Act (EBRA) and the term “old calculation” refers to the calculation announced by the Chief Electoral Officer (CEO) in October 2021.

Clause 4(2) clarifies that terms used in the Transitional provisions of the Bill generally have the same meaning as those referenced in the EBRA.

Clause 5

Transitional provisions

Proposed
New calculation

(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.

Comments

Once the Bill comes into force, Clause 5(1) requires the CEO to promptly recalculate the number of members assigned to each province under section 51 of the Constitution Act, 1867, taking into account the amendment affected by Clause 2 (“new grandfather clause”). The CEO must then have those results published in the Canada Gazette.

Clause 5 (Cont.)

Transitional provisions

Proposed
Province with different number of members resulting from new calculation

(2) 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,

(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;

(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

(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 to the province, deemed to begin on the day on which the statement referred to in subsection (1) is published in the Canada Gazette.

Comments

Clause 5(2) provides for different scenarios that account for when the Bill may come into force, notably for provinces where the number of members assigned to the province under the new calculation is different from the number of members assigned to the province under the old calculation.

Clause 5(2)(a) applies where the Bill comes into force after a report under subsection 14(2) of the EBRA has been prepared by the electoral boundary commission for a province under the old calculation. In that case, the report for a province impacted by the new calculation under Clause 5(1) becomes null and void for that province.

Clause 5(2)(b) ensures that if a report becomes null and void under Clause 5(2)(a), then the commission for that province must prepare a new report based on the new calculation.

Clause 5(2)(c) confirms that a new report prepared under Clause 5(2)(b) must be prepared under the ordinary process prescribed by the EBRA (e.g., study of districts, mapping of boundaries, holding at least one public hearing). This includes a brand new 10-month period to complete the new report.

This ensures that all provinces are given the same amount of time to do their work and a commission impacted by the new calculation is not rushed to complete its work.

Clause 5 (Cont.)

Transitional provisions

Proposed
No representation order before coming into force

(3) 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.

Comments

Clause 5(3) applies if the Bill comes into force before a Representation Order under section 25 of the EBRA has been made. It enables the CEO to proceed with a Representation Order for provinces that are not impacted by the new calculation.

This ensures that a province impacted by the new calculation does not hold up the implementation of electoral boundaries in other provinces.

Clause 5 (Cont.)

Transitional provisions

Proposed
Representation order before coming into force

(4) 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).

Comments

Clause 5(4) applies if the Bill comes into force after a Representation Order under section 25 of the EBRA has been made. It renders the Representation Order null and void insofar as it concerns a province impacted by the new calculation.

Clause 5 (Cont.)

Transitional provisions

Proposed
Representation order and proclamation - province referred to in subsection (2)

(5) 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).

Comments

Clause 5(5) ensures that a separate Representation Order is made for a province impacted by the new calculation.

Clause 5 (Cont.)

Transitional provisions

Proposed
Previous representation order applies

(6) 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.

Comments

Clause 5(6) confirms that any election that occurs before a new Representation Order is in effect for a province impacted by the new calculation will be conducted for that province under the existing electoral district boundaries in force.

Clause 5 (Cont.)

Transitional provisions

Proposed
Administrative consolidation

(7) 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 Office must publish on their website an administrative consolidation and the portion of the representation order referred to in subsection (3) or (4), as the case may be, that applies in respect to 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.

Comments

Clause 5(7) requires the CEO to publish a consolidated list of electoral district boundaries for all provinces on Elections Canada’s website.

This administrative consolidation ensures that information on electoral boundaries is easily accessible to Canadians, and is in addition to publications required in the Canada Gazette.

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