1990 BttL 57 Second Session, 22nd Legislamre, 39 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 57 ELECTORAL BOUNDARIES COMMISSION ACT HON. MR. ROSTAD First Reading Second Reading Committee of the Whole Third Reading Royal Assent

Bills? BILL 57 1990 ELECTORAL BOUNDARIES COMMISSION ACT (Assented to . 1990) Table of Contents Defmition 1

Part 1 Electoral Boundaries Commissions Electoral Boundaries Commission 2 Function ^ Ranun^ation ^ Time of appoindnent ^ Report to Speaker ^ Hearings ^ Amendment of report ° Report to Assembly ^ New electoral divisions ^^ Report by Chief Electoral Officer 11

Part 2 Redistribution Rules

Definitions ^^ Electoral divisions ^^ Single municipality electoral divisions 14 Multi-municipaUty electoral divisions 15 Relevant considerations 1" Population of electoral divisions 17

Part 3 Transitional Transitional J^ Repeal ^^ HER MAJESTY, by and witii tiie advice and consent of die Legislative Assembly of Alberta, enacts as foUows:

Definition 1 In tilis Act, "Commission" means an Electoral Boundaries Commission appointed pursuant to

section 2. Electoral Boundaries Commission PARTI ELECTORAL BOUNDARIES COMMISSIONS 2(1) From time to time as reqmred by this Act, an Electoral Boundaries Commission shall be estabUshed consisting of (

a) a chamnan appointed by die Lieutenant Govemor in Council who is Function (

i) a judge of die Court of Queen's Bench, the Court of Appeal or the Provincial Court, or (ii) a retired judge of any of those courts or of the former distiict courts or Supreme Court of Alberta, (

b) one person, who is not a member of tiie Legislative Assembly or an employee of the Government, appointed by die Speaker of the Legislative Assembly on the nomination of the Leader of Her Majesty's loyal opposition, in consultation widi the leaders of the other opposition parties represented in die Legislative Assembly, (c) 2 persons, who are not members of the Legislative Assembly or employees of the Government, appointed by die Speaker of the Legislative Assembly on the nomination of die President of the Executive Council, and (

d) die Chief Electoral Officer.

(2) Two of die members of die Commission must be resident in a city and 2 of die members must be resident outside a city at die time of thek appointinent. 3 The function of a Commission is to make proposals to the Legislative Assembly as to the area, boundaries and names of die electoral divisions of Alberta in accordance witii die rules set out in

Part 2. Remuneration 4(1) Members of a Commission may be paid die remuneration prescribed by the Lieutenant Govemor in CouncU for thek services on the Commission.

(2) The members of a Commission may be paid tiieir reasonable traveUing and Uving expenses while away from thek ordinary place

Time of appointment Report to Speaker Hearings Amendment of report of residence in die comse of tiiek duties as members at the rates the Lieutenant Govemor in Council prescribes. 5(1) A new Commission shaU be appointed during the first session of die Legislatme following every 2nd general election after tiie appointinent of the last Commission.

(2) Notwithstanding subsection (1), if less than 8 years has elapsed since the appointinent of the last Commission, a new Commission shall be appointed (

a) no sooner than 8 years, and (

b) no later tiian 10 years after the appointment of tiie last Commission. 6(1) The Commission shall, after considering any representations to it and within 9 months of die date on which die Commission is appointed, submit to the Speaker of the Legislative Assembly a report, which shall set out the area, boundaries and names of the proposed electoral divisions.

(2) On receipt of the report, the Speaker shaU make the report pubUc and pubUsh die (Commission's proposals in The Alberta Gazette as soon as possible.

(3) If die office of Speaker is vacant, die report shall be submitted to die Clerk of the Legislative Assembly, who shaU comply witii subsection (2). 7(1) The Commission (

a) may before its report is submitted to die Speaker, and (

b) shall after its report has been made pubUc, hold public hearings at die places and times it considers appropriate to enable representations to be made by any person as to the area and boundaries of any proposed electoral (Uvision.

(2) The Commission shaU give reasonable public notice of the time, place and purpose of any public hearings held by it. 8(1) The Commission may, after considering any further representations made to it and widiin 6 mondis of the date it submitted its report, submit to die Speaker any amendments to its report it considers advisable.

Report to Assembly New electoral divisions

(2) On receipt of die report, the Speaker shaU make tiie amendments public and pubUsh them in The Alt)erta Gazette.

(3) If the office of Speaker is vacant die report shaU be submitted to the Clerk of the Legislative Assembly, who shaU comply widi subsection (2). 9 After the Commission has compUed with sections 6 to 8, tiie report of the Commission, together witii any amendments to it, shaU, (

a) if the Legislative Assembly is sitting when the report is submitted, be laid before the Assembly immediately, or (

b) if die Legislative Assembly is not then sitting, be laid before die Assembly within 7 days after die beginning of the next ensuing sitting. 10(1) If tiie Assembly, by resolution, approves or approves widi alterations tiie propos^ of the Commission, the Government shaU, at the same session, introduce a BiU to estabUsh new electoral divisions for Alberta in accordance with the resolution.

(2) The BUI shall be stated to come into force on Proclamation and, if enacted, shall be proclaimed in force l)efore the holding of the next general election. Report by Chief It After the results of each census under the Statistics Act oSS** (Canada) become avaUable, die Chief Electoral Officer shall submit a report to die Speaker indicating those electoral divisions diat no longer comply with

section 17 and die extent of the non- compUance.

PART 2 REDISTRIBUTION RULES

Definitions 12 In tiiis Part, (a) "multi-municipality electoral division" means a multi- municipality electoral division referted to in

section 15; (b) "municipality" includes, for die purposes of tius Part, a Metis settlement and an Indian reserve; (c) "single municipality electoral division" means an electoral division tiiat consists only of part of or die whole of one municipality;

Electoral divisions Single municipality electoral divisions Multi- municipality electoral divisions (d) "population" means the population of Alberta as determined by the most recent census available under the Statistics Act (Canada) at the time a Commission is appointed. 13(1) The Commission shall divide Alberta into 83 proposed single municipality electoral divisions and multi-municipaUty electoral divisions in accordance widi this Part.

(2) In addition to the proposed single municipality electoral divisions required by

section 14, aU the municipdities named in

section 14 may contain part or parts of one or more proposed multi-municipdity electoral divisions under

section 15. 14 There shall be 43 proposed single municipality electoral divisions as follows: (a) 19 electoral divisions entkely within The City of Calgary; (b) 17 electoral divisions entkely withm The City of Edmonton; (c) 2 electoral divisions entirely within The City of Letiibridge; (

d) one electoral division entkely witiiin The City of Medicine Hat; (

e) one electoral division entkely within The City of Red Deer; (

f) one electoral division entirely witiiin The City of St. Albert; (

g) one electoral division entkely within The City of Fort McMunay; (

h) one electoral division entkely witiiin The County of Sti-atiicona that includes die hamlet of Sherwood Park. 15 There shaU be 40 proposed multi-municipaUty electoral divisions as follows: (

a) one electoral division consisting of (

i) die part of The City of Red Deer not included in a single municipality electoral division under

section 14, and (ii) aU or part of one or more other municipalities; (

b) one electoral division consistmg of (

i) die part of The City of Medicine Hat not included in a single municipality electoral division under

section 14, and

Relevant considerations (ii) aU or part of one or more other municipalities; (

c) one electoral division consisting of (

i) tiie part of The City of St. Albert not included in a single municipaUty electoral division under

section 14, and (ii) aU or part of one or more otiier municipalities; (d) 2 electoral divisions, each consisting of (

i) part of The City of Grande Prairie, and (ii) aU or part of one or more otiier municipalities, widi aU of that City being included in those 2 electoral divisions; (e) 35 electoral divisions consisting of (

i) more than one municipality, (ii) one or more municipaUties plus parts of one or more other municipalities, or (iU) parts of more than one municipality. 16 In determining the area to be included in and in fixing the boundaries of die proposed electoral divisions, the Commission, subject to

section 17, may take into consideration any factors U considers appropriate, but shaU take into consideration (

a) sparsity and density of population, (

b) common community interests and community organizations, including diose of Indian reserves and Metis settiements, (

c) the number of municipaUties and other local authorities, (

d) geographical featmes, including existing road systems, and (

e) die desirabUity of understandable and clear boundaries. Population of -j 7(1) The population of a proposed electoral division must not be SOTS ™°'"® *^ ^^^^ ^^°^® "°^ "^0^® ^^ ^^^° ^®^°^ *® average population of aU tiie proposed electoral divisions.

(2) Notwithstanding subsection (1), in the case of no more dian 5% of the proposed electoral divisions, if die Commission is of the

opinion tiiat at least 4 of the following criteria exist in a proposed electoral division, die electoral division may have a population tiiat is as much as 50% below the average population of all tiie electoral divisions: (

a) die area of die proposed electoral division exceeds 20 000 square kUometies; (

b) die total surveyed area of die proposed electoral division exceeds 15 000 square kUometies; (

c) die total lengdi of primary and secondary highways witiiin the proposed electoral division exceeds 1000 kUometies; (

d) die distance from die Legislatme Budding in Edmonton to the nearest boundary of the proposed electoral division by the most dkect highway route is more dian 150 kUometies; (

e) tiiere is no town m tiie proposed electoral division tiiat has a population exceeding 4000 people; (

f) due to economic factors tiiere has been a significant loss of population in tiie proposed electoral division between die 2 most recent censuses available under die Statistics Act (Canada); (

g) to impose a higher population requkement would significantiy and negatively affect tiie community of interests of the inhabitants of the proposed electoral division.

(3) For die purpose of subsection (2)(e), The MunicipaUty of Crowsnest Pass is not a town. PARTS TRANSITIONAL Transitional ^Q(1) The Commission to be appointed during the first session of the 22nd Legislature of the Province shall be appointed during the 2nd session of the 22nd Legislature of the Province.

(2) The Commission appointed under subsection (1) shall submit its report under

section 6 nine months after this Act comes into force.

(3) Administrative support for the Commission appointed uruier subsection (1) shall be provided by the Senior Administrator of the Select Special Committee on Electoral Bourularies established by the Legislative Assembly on August 15, 1989, and if his services become unavailable for any reason the Speaker may appoint a replacement.

Repeal 19 The Electoral Boundaries Commission Act, RSA 1980 cE-4, is repealed. Title: 1990 (22nd 2nd) Bill 57, Electoral Boundaries Commission Act