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Statutes of Newfoundland 1993


CHAPTER 57

CHAPTER 57

AN ACT TO AMEND THE ELECTORAL
BOUNDARIES ACT

(Assented to December 17, 1993)

Analysis

1. S.13 R&S
Redistribution and population quotient

2. S.14 R&S
Reports

3. S.15 R&S
Rules to guide commission

4. S.19(2) R&S
Commission sittings

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:


RSN1990 cE-4 as amended

1. Section 13 of the Electoral Boundaries Act is repealed and the following substituted:

Redistribution and population quotient

13. (1) In the calendar year beginning in 1993, and in each 10th calendar year following, the commission shall, as soon as is convenient after March 31, divide the province into 46 proposed 1-member districts.

(2) The commission shall determine a quotient for each proposed district by dividing the total population of the province by the number 45 or the other number, minus 1, that they may determine under subsection (3).

(3) Notwithstanding subsection (1), the commission may divide the province into 40, 42 or 44 1-member districts if, in their opinion, dividing the province into that number of districts would permit the commission to more easily apply the rules contained in section 15.

(4) For the purpose of establishing the quotient under subsection (2), the population of the province shall be taken as in the latest census figures available under the Statistics Act (Canada) on March 31 of the calendar year in which the quotient is being established, irrespective of when those census figures were actually taken.

(5) For the purpose of subsection (2), the total population of the province shall be considered not to include that portion of the total population living within the area of the province comprising the district proposed by the commission under subsection 15(4).

2. Section 14 of the Act is repealed and the following substituted:

Reports

14. (1) In the calendar year beginning in 1993, and in each 10th calendar year following, the commission shall prepare a report to the minister setting out their recommendations concerning

(a) the division of the province into the number of 1-member districts determined under section 13;

(b) the description of the boundaries of each district; and

(c) the name to be given to each district and the name shall incorporate the historical and geographical factors that the commission considers appropriate.

(2) Before the end of the calendar year 1993, and before the end of each 10th calendar year following, the commission shall submit the report referred to in subsection (1) to the minister, who shall

(a) submit a copy immediately to the Lieutenant-Governor in Council; and

(b) lay a copy before the Legislature within 15 days after the report is submitted to the Lieutenant-Governor in Council if the Legislature is then sitting, and, if it is not, then within 15 days after the beginning of the next session.

(3) Notwithstanding subsections (1) and (2), the commission appointed in the calendar year 1993 may submit their report not later than July 1, 1994.

3. Section 15 of the Act is repealed and the following substituted:

Rules to guide commission

15. (1) In proposing a division of the province into districts and in preparing their report, the commission shall ensure that the division of the province into districts and the description of the boundaries give primacy to the principle that the vote of every elector in the province shall have a weight equal to that of every other elector.

(2) Notwithstanding subsection (1), where the commission considers it necessary to do so, they may depart from the quotient established under section 13 but not to a greater extent than 10% more or 10% less of the quotient.

(3) Notwithstanding subsections (1) and (2), the commission may recommend the creation of a district with a population that departs from the quotient established under section 13 by 25% more or 25% less of the quotient, where they conclude that the departure is warranted by special geographic considerations, including,

(a) the community of interests of the residents of those communities in the province that are not connected by road, particularly those communities along the coast of Labrador and the southwest coast of the island portion of the province; or

(b) the accessibility of a region or its size or shape.

(4) Notwithstanding subsections (1) and (2), with respect to Labrador, the commission shall give appropriate weight to the circumstance that persons of aboriginal descent form the majority of those who reside in the portion of Labrador that lies generally north of Lake Melville, and shall give appropriate weight to the geographic considerations of that area and the community of interests of the residents of those communities north of Lake Melville, a majority of whose inhabitants are aboriginal, with the intention that those communities constitute a district.

(5) For the purpose of the preparation of their report and the division of the province into districts, the commission shall assume that the proportion of electors to the general population is constant throughout the province.

4. Subsection 19(2) of the Act is repealed and the following substituted:

(2) Reasonable notice of the time and place fixed by the commission for sittings to be held by them for the hearing of representations from interested persons shall be given by advertisement published in at least 1 newspaper of general circulation in the province, but the notice shall be given at least 10 days before the commencement of sittings.

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