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Fourth Session, Thirty-Eighth Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.   It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.

Bill 22

THE ELECTIONS REFORM ACT

SCHEDULE C

THE ELECTORAL DIVISIONS AMENDMENT ACT


Explanatory Note

C.C.S.M. c. E40 amended

1

The Electoral Divisions Act is amended by this Act.

2(1)

Subsection 8(2) is replaced with the following:

Membership of commission

8(2)

The commission consists of

(a) the Chief Justice of Manitoba;

(b) the President of each of the following institutions: the University of Manitoba, Brandon University and the University College of the North; and

(c) the Chief Electoral Officer.

2(2)

Subsection 8(6) is replaced with the following:

Temporary members of commission

8(6)

If the commission is required to perform or is performing duties under this Act and an office referred to in subsection (2) is vacant or the office holder is unable to act for any reason, his or her membership on the commission is filled by the following person:

(a) in the case of the Chief Justice of Manitoba, by the Chief Justice of the Queen's Bench;

(b) in the case of a university president, by the dean of the faculty of arts of that university;

(c) in the case of the Chief Electoral Officer, by the Deputy Chief Electoral Officer.

2(3)

Subsection 8(7) is amended by adding "Brandon University or the University College of the North," after "University of Manitoba,".

3(1)

Subsection 9(1) is amended by striking out "1988" and substituting "2008".

3(2)

Subsection 9(2) is replaced with the following:

Estimate of population if census undercoverage

9(2)

If the commission is satisfied that persons in the province or in a specific electoral division or on an Indian reserve have not been counted or fully counted in a census referred to in subsection (3), the commission may use an estimate of population prepared by Statistics Canada, the Manitoba Bureau of Statistics or another source satisfactory to the commission.

3(3)

Subsection 9(3) is amended

(a) by striking out "1986" and substituting "2006"; and

(b) by striking out "the estimated population of Indian reserves" and substituting "estimated population".

4

Section 10 is replaced with the following:

Report of the commission

10(1)

Before December 31, 2008, and before December 31 in each 10th year afterward, the commission must prepare and submit to the Lieutenant Governor and the Speaker of the Assembly a report establishing the area, boundaries and names of the electoral divisions.

When commission to begin work

10(2)

The commission must begin the work required to prepare its report as early as is reasonably necessary in 2008, and in each 10th year afterward.

Report to be tabled in the Assembly

10(3)

Promptly after receiving the report, the Speaker must table it in the Assembly if the Assembly is sitting and, if the Assembly is not sitting, the Speaker must table it within seven days after the next sitting begins.

If Assembly not sitting

10(4)

If the report is submitted to the Speaker when the Assembly is not sitting, the Clerk of the Assembly must give a copy of it to each member of the Assembly.

Report replaces Schedule at next dissolution

10(5)

The report comes into force and replaces the Schedule on the first dissolution of the Legislature to occur after the end of the year in which the report is submitted to the Speaker, and has the same force and effect as if it were enacted by the Legislature.

Publication in Manitoba Gazette

10(6)

The Regulations Act does not apply to the report, but the Speaker must cause the report to be published in Part I of The Manitoba Gazette as soon as practicable after receiving it.

5

The following is added after section 12:

Expenses paid out of Consolidated Fund

12.1

All expenses under this Act are to be paid from the Consolidated Fund without further appropriation.

6

Section 13 is repealed.

Coming into force

7

This Act comes into force on the day it receives royal assent.

Explanatory Note

Schedule C — The Electoral Divisions Amendment Act

This Schedule makes the following changes to The Electoral Divisions Act:

  • The membership of the Electoral Divisions Boundaries Commission is increased from three to five to include the presidents of Brandon University and University College of the North.
  • If the Commission believes that the population of Manitoba or the population of a specific area of Manitoba was not accurately counted in a census, it may use estimates of population prepared by Statistics Canada, the Manitoba Bureau of Statistics or another source.
  • When the Commission makes its report to the Speaker on new electoral boundaries for Manitoba, those new boundaries become law, automatically, at the first dissolution of the Legislature after the year the report is made.  An Act of the Legislature is no longer required.