Electoral Boundaries Commission (Ontario) Act, 2005 Sterling, Norman W. — Bill 48 (38th Parliament, 2nd Session)

Bill 48, 38-2

Ontario — Bills

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Bill 48, Electoral Boundaries Commission (Ontario) Act, 2005

Sterling, Norman W.

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[38] Bill 48 Original (PDF)

Bill 48 2005

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 more than one Act. For the legislative history of these Acts, see Public Statutes - Detailed Legislative History on www.e-Laws.gov.on.ca .

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

Definitions

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

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

(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

(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

(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

(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

(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

(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

(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

(

c) an electoral quota for electoral districts.

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

(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,

(a) 10 days before the commencement of the hearing, if the order establishing the Commission under subsection 2 (1) was made by January 31, 2006 and no order has previously been made under that subsection; or

(b) 60 days before the commencement of the hearing, in all other cases.

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

(

c) the name that the Commission proposes for each electoral district.

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 Election 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

(1) The Commission shall complete its report and submit a copy of it to the Minister, the Speaker of the Assembly and the Chief Election Officer,

(

a) by February 28, 2006, if the order establishing the Commission under subsection 2 (1) was made

Document details

Collection	Ontario — Bills
Citation	Bill 48, 38-2
Type	bill
Volume / chapter	p38 s2 bill 48 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	ff495a93faf321e627cdb62e766789075d8907a6

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