C-22
Second Session, Thirty-ninth Parliament,
56 Elizabeth II, 2007
HOUSE OF COMMONS OF CANADA
BILL C-22
An Act to amend the Constitution Act, 1867 (Democratic representation)
first reading, November 14, 2007
THE LEADER OF THE GOVERNMENT IN THE HOUSE OF COMMONS AND MINISTER FOR DEMOCRATIC REFORM
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RECOMMENDATION
Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to amend the Constitution Act, 1867 (Democratic representation)”.
SUMMARY
This enactment amends the rules in the Constitution Act, 1867 for readjusting the number of members of the House of Commons and the representation of the provinces in that House.
Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
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2nd Session, 39th Parliament,
56 Elizabeth II, 2007
house of commons of canada
BILL C-22
An Act to amend the Constitution Act, 1867 (Democratic representation)
30-31 Vict., c. 3 (U.K.); 1982, c. 11 (U.K.)
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short title
1. This Act may be cited as the Constitution Act, 2007 (Democratic representation).
1986, c. 8, s. 2
2. Subsection 51(1) of the Constitution Act, 1867 is replaced by the following:
Explanatory NotesConstitution Act, 1867
Clause 2: Existing text of subsection 51(1):
51. (1) The number of members of the House of Commons and the representation of the provinces therein shall, on the coming into force of this subsection and thereafter on the completion of each decennial census, be readjusted by such authority, in such manner, and from such time as the Parliament of Canada from time to time provides, subject and according to the following rules:
1.       There shall be assigned to each of the provinces a number of members equal to the number obtained by dividing the total population of the provinces by two hundred and seventy-nine and by dividing the population of each province by the quotient so obtained, counting any remainder in excess of 0.50 as one after the said process of division.
2.       If the total number of members that would be assigned to a province by the application of rule 1 is less than the total number assigned to that province on the date of coming into force of this subsection, there shall be added to the number of members so assigned such number of members as will result in the province having the same number of members as were assigned on that date.
Notes explicativesLoi constitutionnelle de 1867
Article 2 : Texte du paragraphe 51(1) :
51. (1) À l’entrée en vigueur du présent paragraphe et, par la suite, à l’issue de chaque recensement décennal, il est procédé à la révision du nombre des députés et de la représentation des provinces à la Chambre des communes selon les pouvoirs conférés et les modalités de temps ou autres fixées en tant que de besoin par le Parlement du Canada, compte tenu des règles suivantes :
1.       Il est attribué à chaque province le nombre de députés résultant de la division du chiffre de sa population par le quotient du chiffre total de la population des provinces et de deux cent soixante-dix-neuf, les résultats dont la partie décimale dépasse 0,50 étant arrondis à l’unité supérieure.
2.       Le nombre total des députés d’une province demeure inchangé par rapport à la représentation qu’elle avait à la date d’entrée en vigueur du présent paragraphe si l’application de la règle 1 lui attribue un nombre inférieur à cette représentation.
Readjustment of representation in Commons
51. (1) The number of members of the House of Commons and the representation of the provinces therein shall, on the completion of each decennial census, be readjusted by such authority, in such manner, and from such time as the Parliament of Canada provides from time to time, subject and according to the following rules:
1.       There shall be assigned to each of the provinces a number of members equal to the number obtained by dividing the total population of the provinces by the electoral divisor and by dividing the population of each province by the quotient so obtained, counting any remainder in excess of 0.50 as one after the latter division.
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 that province on the date of the coming into force of the Constitution Act, 1985 (Representation), there shall be added to the number of members so assigned such number of members as will result in the province having the same number of members as were assigned on that date.
3.       If the number of members assigned to a province is not increased by the application of rule 2 or section 51A and its population is less than that of the most populous province whose number of members is increased thereby, there shall be added to the number of members assigned to that province such number of members as will cause its electoral quotient — obtained by dividing the population of the province by the number of members assigned to it — to be as close as possible to the electoral quotient of that more populous province without being below it.
4.       In these rules, “electoral divisor” means
(a) in relation to the readjustment following the first decennial census taken after the coming into force of the Constitution Act, 2007 (Democratic representation), the number of members of the House of Commons assigned to all the provinces in the first readjustment that followed the coming into force of the Constitution Act, 1985 (Representation); and
(b) in relation to a readjustment following any subsequent decennial census, the number of members of the House of Commons assigned to all the provinces in the readjustment that followed the decennial census taken 30 years before that subsequent decennial census.
Interpretation
3. A reference to the Constitution Acts, 1867 to 1982 is deemed to include a reference to this Act.
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