S.M. 1987-88, c. 63
An Act to amend The Electoral Divisions Act 2
(Assented to July 17, 1987)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
Clause 8(6)(c) of The Electoral Divisions Act, being chapter E40 of the Continuing Consolidation of the Statutes of Manitoba, is repealed and the following substituted therefor:
(c) If there is, or there occurs, a vacancy in the office of Chief Electoral Officer, or if the Chief Electoral Officer is unable to act, the person then holding the office of Deputy Chief Electoral Officer shall be a member of the commission in the place of the Chief Electoral Officer.
Subsection 8(7) of the Act is repealed and the following substituted therefor:
Where, at a time when the commission is required to perform, or is performing, any duties under this Act, there is, or there occurs, a vacancy in the membership of the commission for any cause mentioned in subsection (6), and the vacancy is required to be filled, or has been filled, as provided in that subsection, if there is, or there occurs, a vacancy in any of the offices of Chief Justice of the Queen's Bench, Dean of the Faculty of Arts of The University of Manitoba, and Deputy Chief Electoral Officer, or if a person holding any of those offices is unable to act as aforesaid, the Lieutenant Governor in Council may appoint a person to be, and act as, a member of the Commission in the place of the person who would be a member if the office were not vacant as aforesaid, or in the place of the member who is unable to act as aforesaid.
Section 9 of the Act is repealed and the following substituted therefor:
In the year 1988 and in each tenth year thereafter, the commission shall proceed to establish a quotient for each electoral division in the Province by dividing the total population of the province by 57.
Where an Indian reserve did not participate in the census of population referred to in subsection (3) or does not participate in any subsequent census, the commission may use an estimate of the population of the Indian reserve prepared by the Manitoba Bureau of Statistics or by such means as is satisfactory to the commission.
For the purposes of this section, "total population" means the population of the province as determined by the census of population taken by Statistics Canada in the year 1986 or in any tenth year thereafter and includes the estimated population of Indian reserves determined pursuant to subsection (2).
All that portion of subsection 11(2) following clause (b) thereof is repealed and the following substituted therefor:
"and shall, subject to subsection (3), allow a variation in the population requirement of any electoral division where, in its opinion, those considerations, or any of them, render a variation desirable. "
The Act is further amended by adding the following subsection immediately following subsection 11(2):
Where the commission is of the opinion that a population variation is desirable for any reason set out in subsection (2), it may vary the population of any electoral division but no such variation shall,
(a) where the electoral division is situated wholly south of the 53rd parallel, be greater than 10% more or 10% less than the quotient obtained under section 9; and
(b) where the electoral division is situated wholly or partially north of the 53rd parallel, be greater than 25% more or 25% less than the quotient obtained under section 9.
This Act comes into force on royal assent.