Bill 4, Electoral Boundaries Commission (Ontario) Act, 2007

Versions

Bill 4 2007

An Act to provide for the periodic establishment of a commission to readjust the number and boundaries of electoral districts for the purposes of the Legislative Assembly

Note: This Act repeals the Representation Act, 2005, which has not previously been amended.

CONTENTS
Definitions
1.		Definitions
Electoral Boundaries Commission (Ontario)
2. 3. 4. 5. 6. 7. 8. 9. 10. 11.		Commission established Members Vacancy Deputy chair Quorum Remuneration and expenses Staff Powers of Commission Agent of the Crown Immunity
Preparation of Report
12. 13. 14. 15. 16.		Federal return Report Public hearing Initial report Final report
Representation Order
17. 18.		Representation order Dissolution of Commission
General
19. 20. 21. 22.	Regulations Repeal Commencement Short title
______________

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Definitions

1. In this Act,

"Chief Statistician" means the Chief Statistician of Canada appointed under the Statistics Act (Canada); ("statisticien en chef")

"Commission" means the Electoral Boundaries Commission (Ontario) established under subsection 2 (1); ("Commission")

"electoral quota" means the electoral quota that the Commission recommends for the purpose of clause 13 (1) (c); ("quotient électoral")

"federal return" means the return certified by the Chief Statistician and described in subsection 12 (1); ("état fédéral")

"Minister" means the Minister responsible for the administration of this Act; ("ministre")

"Northern Ontario" means the part of Ontario that lies in the following 11 northern electoral districts, using the same boundaries as were in effect on October 2, 2003, but excluding the Municipality of Algonquin Highlands:

1. Algoma-Manitoulin.

2. Kenora-Rainy River.

3. Nickel Belt.

4. Nipissing.

5. Parry Sound-Muskoka.

6. Sault Ste. Marie.

7. Sudbury.

8. Thunder Bay-Atikokan.

9. Thunder Bay-Superior North.

10. Timiskaming-Cochrane.

11. Timmins-James Bay; ("Nord de l'Ontario")

"report" means the report of the Commission described in subsection 13 (1); ("rapport")

"representation order" means an order of the Lieutenant Governor in Council made under subsection 17 (2). ("décret de représentation électorale")

Electoral Boundaries Commission (Ontario)

Commission established

2. (1) The Lieutenant Governor in Council shall by order establish a commission to be known in English as the Electoral Boundaries Commission (Ontario) and in French as Commission ontarienne de délimitation des circonscriptions électorales,

(a) within 30 days of the day on which this Act comes into force, if no order has previously been made under this subsection; and

(b) within 60 days of the publication in the Canada Gazette of the proclamation described in section 3 of the Electoral Boundaries Readjustment Act (Canada) that establishes an electoral boundaries commission for Ontario for the purposes of that Act, if an order has previously been made under this subsection.

Names of members

(2) The order establishing the Commission shall set out the names of its members.

Notice

(3) Upon making an order under subsection (1), the Lieutenant Governor in Council shall publish a notice of the order in The Ontario Gazette.

Members

3. (1) The Commission shall consist of three members, namely a chair and two other members appointed in accordance with this section.

Chair

(2) The Chief Justice of Ontario shall appoint the chair of the Commission from among the judges of the Court of Appeal for Ontario or, after consultation with the Chief Justice of the Superior Court of Justice, from among the judges of the Court of Ontario.

Other members

(3) The Speaker of the Assembly shall appoint the two members of the Commission, other than the chair, from among persons who are entitled, under the Election Act, to vote at an election to the Assembly and whom the Speaker considers suitable.

Eligibility of members

(4) No person is eligible to be a member of the Commission while being a member of the Senate or House of Commons of Canada or a member of the Assembly.

Vacancy

4. (1) A vacancy in the membership of the Commission does not impair the right of the remaining members to act.

Replacement

(2) If such a vacancy occurs, it shall be filled within 30 days by appointment in the manner set out in section 3.

Notice

(3) Upon the making of an appointment under subsection (2), the Commission shall publish a notice in The Ontario Gazette setting out the appointments.

Deputy chair

5. The Commission may appoint one of its members as deputy chair who shall act as the chair if the chair is absent or unable to act or if the office of chair is vacant.

Quorum

6. (1) Two members of the Commission constitute a quorum.

Deciding vote

(2) If there is an equality of votes at any meeting of the Commission, the chair or person acting as the chair has a deciding vote.

Remuneration and expenses

7. Subject to the prior approval of the Assembly by appropriation, the members of the Commission shall receive the remuneration and reimbursement of their expenses that the Lieutenant Governor in Council by order specifies.

Staff

8. The Commission may,

(a) with the approval of the Lieutenant Governor in Council, establish job classifications, personnel qualifications, salaries, benefits and other remuneration for the persons that the Commission considers necessary for the proper conduct of its affairs;

(b) employ or contract for the services of the persons mentioned in clause (a); and

(c) pay the salaries, benefits and other remuneration and expenses of the persons mentioned in clause (a) out of the money that the Legislature appropriates to the Commission.

Powers of Commission

9. (1) In performing its duties under this Act, the Commission has the powers of a commission under Parts II and III of the Public Inquiries Act and those Parts apply to an inquiry held under this Act.

Procedure

(2) The Commission may make rules for regulating its proceedings and for the conduct of its business, including rules providing for the conduct of any inquiry or hearing by one or more of its members.

Agent of the Crown

10. The Commission is for all purposes an agent of the Crown.

Immunity

11. (1) No action or other proceeding for damages may be instituted against any member of the Commission or person appointed to the service of the Commission for any act done in good faith in the execution or intended execution of the person's duty or for any alleged neglect or default in the execution in good faith of the person's duty.

Crown liability

(2) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (1) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (1) to which it would otherwise be subject.

Preparation of Report

Federal return

12. (1) The Government of Ontario shall request the Chief Statistician to disclose to the Commission a return certified by the Chief Statistician showing the population of Ontario and the population of Ontario by enumeration areas as shown by the decennial census most recently completed under section 19 of the Statistics Act (Canada).

Disclosure of information

(2) The Commission shall ensure that its members and persons that it employs or for whose services it contracts do not disclose the information in a manner contrary to section 17 of the Statistics Act (Canada).

Report

13. (1) Upon receiving the federal return, the Commission shall prepare a report setting out its recommendations and the reasons for them concerning,

(a) the division of Ontario into electoral districts for the purpose of representation in the Assembly, except that there shall be at least 11 electoral districts for Northern Ontario;

(b) the description of the boundaries of each electoral district, the population in it as shown in the federal return and the name that the Commission proposes for each electoral district; and

Electoral quota

(2) The electoral quota shall be not less than, nor more than 25 per cent greater than, the average population in Northern Ontario as shown in the federal return.

Population per district

(3) In preparing its report, the Commission shall be governed by the following principles, subject to subsection (4):

1. The division of the part of Ontario outside Northern Ontario into electoral districts shall proceed on the basis that the population in each electoral district, as shown in the federal return, is as close to equal as is reasonably possible to the electoral quota, given the need for there to be at least 11 electoral districts in Northern Ontario.

2. The division of Northern Ontario into electoral districts shall proceed on the basis that the population in each electoral district, as shown in the federal return, is as close to equal as is reasonably possible to the average population in each electoral district of Northern Ontario.

3. The division of Ontario into electoral districts shall, as much as is reasonably possible,

i. respect the community of interest or community of identity in or the historical pattern of each electoral district, and

ii. maintain a manageable geographic size for electoral districts in sparsely populated, rural regions of Ontario or Northern Ontario.

Exceptions

(4) The Commission may depart from the principles set out in subsection (3) if it considers it necessary or desirable to do so for the reasons set out in paragraph 3 of that subsection but, in so doing, the Commission shall make every effort to ensure that, except in circumstances that it views as extraordinary, the population in each electoral district, as shown in the federal return, remains within 25 per cent more or 25 per cent less of the electoral quota.

Public hearing

14. (1) Before completing its report, the Commission shall hold at least one hearing in Ontario for the purpose of receiving representations by interested persons.

Notice of hearing

(2) The Commission shall give notice of the time and place fixed for the hearing by publishing a notice in The Ontario Gazette and in at least one newspaper of general circulation in Ontario at least 60 days before the commencement of the hearing.

Information for public

(3) The Commission shall prepare a statement of its proposal for the electoral quota and a map or drawing showing,

(a) its proposal for the division of Ontario into electoral districts and their boundaries;

(b) the population in each electoral district, as shown in the federal return; and

Access

(4) The Commission shall make available to the public, upon request and at no cost, the material described in subsection (3) at the office of the Chief Electoral Officer appointed under the Election Act.

Right to make representations

(5) Any person may make representations at a hearing mentioned in subsection (1), even if the person is not eligible to be appointed as a member of the Commission, but the Commission shall not hear any representation from a person unless the person gives notice in writing to the Commission at least seven days before the commencement of the hearing.

Time for representations

(6) The Commission may limit the time available for persons to make representations at a hearing mentioned in subsection (1) if it considers it necessary to do so in order to have sufficient time to complete its report by the time specified in subsection 15 (1).

Commission's discretion

(7) The Commission shall consider the representations made at all hearings held under subsection (1) but is not bound to act on them in completing its report unless it considers it appropriate to do so.

Initial report

15. (1) The Commission shall complete its report and submit a copy of it to the Minister, the Speaker of the Assembly and the Chief Electoral Officer within 180 days after the day on which the order establishing the Commission was made under subsection 2 (1).

Tabling and notice

(2) The Speaker shall,

(a) lay the report before the Assembly if it is in session;

(b) deposit the report with the Clerk of the Assembly if the Assembly is not in session; and

(c) send a copy of the report by mail to each member of the Assembly at the office assigned to the member in the Legislative Building.

Deemed service

(3) A member shall be deemed to have received the copy of the report under clause (2) (c) on the fifth day after mailing.

Objection by members

(4) Within 30 days of receiving the copy of the report under clause (2) (c), a member of the Assembly may file a notice of objection with the Clerk of the Assembly and in that case the Government House Leader shall refer the report to a standing committee of the Assembly.

Committee recommendations

(5) The standing committee shall review the report and make whatever recommendations on it to the Commission that it considers appropriate within 30 days of the referral to the committee.

Form of recommendations

(6) The recommendations of the standing committee shall be in writing and may include the maps or drawings that the committee considers appropriate.

Final report

16. (1) The Commission shall consider the recommendations, if any, made by the standing committee of the Assembly but is not bound to act on them in completing its final report unless it considers it appropriate to do so.

Time for final report

(2) Within 30 days of the day on which the Commission receives the recommendations of the standing committee, the Commission shall prepare its final report in accordance with section 13 and submit a copy of it to the Minister, the Speaker of the Assembly and the Chief Electoral Officer.

Tabling and notice

(3) The Speaker shall,

(a) lay the report before the Assembly if it is in session;

(b) deposit the report with the Clerk of the Assembly if the Assembly is not in session; and

(c) send a copy of the report by mail to each member of the Assembly at the office assigned to the member in the Legislative Building.

Representation Order

Representation order

17. (1) Within 30 days of receiving the copy of the report under subsection 16 (2), the Chief Electoral Officer shall prepare and submit to the Minister a draft representation order that,

(a) specifies the number of electoral districts in Ontario for the purpose of representation in the Assembly;

(b) divides Ontario into electoral districts for the purpose of representation in the Assembly, except that there shall be at least 11 electoral districts for Northern Ontario; and

(c) describes the boundaries of each electoral district, the population in it as shown in the federal return and the name of each electoral district.

Making of order

(2) The Minister shall forward the draft order to the Lieutenant Governor in Council that shall make the order within five days of receiving the draft.

Notice

(3) As soon as the order is made, the Minister shall post a copy of it on the Government of Ontario's website on the Internet and publish a copy of it in The Ontario Gazette.

Application of order

(4) The order shall set out a statement of subsection (5).

Same

(5) Despite any successor to the Representation Act, 2005 or any other Act, the order shall apply to,

(a) the general election as defined in the Election Act next following the first anniversary of the day on which the order is made; and

(b) all subsequent elections of members to the Assembly after the day on which the election mentioned in clause (a) takes place until the order is replaced by another order made under this section.

Dissolution of Commission

18. The Commission is dissolved on the day the Lieutenant Governor in Council makes the representation order.

General

Regulations

19. The Lieutenant Governor in Council may make regulations,

(a) specifying powers for the Commission that the Lieutenant Governor in Council considers are necessary or advisable to allow the Commission to carry out effectively its duties under this Act and that are in addition to the powers that the Commission otherwise has under this Act;

(b) specifying other matters that the Commission is required to consider in making its report, in addition to the matters set out in subsections 13 (3) and (4);

(c) allowing the Chief Electoral Officer to correct any error or inconsistency in the description of an electoral district in a representation order that is obvious on its face;

(d) requiring the Lieutenant Governor in Council to amend a representation order to reflect a correction made under clause (c), specifying that the correction will not affect the application of the order under subsection 17 (5) and requiring the Minister to post a copy of the amended order showing the correction on the Government of Ontario's website on the Internet and to publish a copy of it in The Ontario Gazette;

(e) requiring the Chief Electoral Officer to make available to the public upon request and at no cost a copy of the maps or drawings that the Officer considers appropriate to show the boundaries of each electoral district as set out in a representation order, the population in it as shown in the federal return and the name of each electoral district;

(f) respecting any matter necessary or advisable to carry out effectively the purposes of this Act.

Repeal

20. The Representation Act, 2005 is repealed.

Commencement

21. (1) Subject to subsection (2), this Act comes into force on the day it receives Royal Assent.

Same

(2) Section 20 comes into force on the first anniversary of the day on which the Lieutenant Governor in Council first makes a representation order.

Short title

22. The short title of this Act is the Electoral Boundaries Commission (Ontario) Act, 2007.

EXPLANATORY NOTE

The Bill repeals the Representation Act, 2005 and enacts a new Act.

The new Act provides for the Lieutenant Governor in Council to establish an Electoral Boundaries Commission (Ontario). The first Commission is established within 30 days of the enactment of the Bill. Subsequent Commissions are established each time there is a decennial census in Canada. The Commission is composed of three members: a judge and two persons appointed by the Speaker of the Assembly from among persons entitled to vote in an Ontario election. A member of the Senate or House of Commons of Canada or the Legislative Assembly of Ontario is not eligible to be a member.

The Government of Ontario is required to request the Chief Statistician of Canada to provide a return showing the population of Ontario as shown by the most recent decennial census. Based on that return, the Commission prepares an initial report recommending the division of Ontario into electoral districts, except that there must be at least 11 electoral districts in Northern Ontario. In making the division, the Commission is required to follow the general principle that each electoral district must have a population that is as close as reasonably possible to the average population for all electoral districts, subject to the limitation of the minimum number of electoral districts in Northern Ontario. Based on certain specified criteria, the Commission can depart from that principle within a margin of 25 per cent up or down. Before completing its initial report, the Commission is required to hold at least one public hearing.

The Commission submits its initial report to the Speaker of the Assembly who tables it in the Assembly. If members object to it, the report is referred to a standing committee of the Assembly that makes recommendations. The Commission then prepares its final report and the Lieutenant Governor in Council makes a representation order to implement the recommendations of the Commission. The order applies to the general election to the Assembly that next follows a period of one year after the day on which the order is made.

The Commission is dissolved on the day that the representation order is made. The representation order applies to all subsequent elections after the first general election to which it applies and ceases to apply when it is replaced by a subsequent representation order.