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First Session, Forty-fourth Parliament,
70-71 Elizabeth II, 2021-2022
STATUTES OF CANADA 2022
CHAPTER 6
An Act to amend the Constitution Act, 1867
(electoral representation)
ASSENTED TO
JUNE 23, 2022
BILL C-14
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RECOMMENDATION
Her Excellency the Governor General recommends to the House
of Commons the appropriation of public revenue under the cir-
cumstances, in the manner and for the purposes set out in a
measure entitled “An Act to amend the Constitution Act, 1867
(electoral representation)”.
SUMMARY
This enactment amends section 51 of the Constitution Act, 1867
to provide that, when the number of members of the House of
Commons and the representation of the provinces in that House
are readjusted on the completion of each decennial census, a
province will not have fewer members assigned to it than were
assigned during the 43rd Parliament. It also includes transitional
measures providing for the application of that amendment to the
readjustment of electoral boundaries under the Electoral Bound-
aries Readjustment Act following the 2021 decennial census.
Available on the House of Commons website at the following address:
www.ourcommons.ca
2021-2022
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70-71 ELIZABETH II
CHAPTER 6
An Act to amend the Constitution Act, 1867 (electoral
representation)
[Assented to 23rd June, 2022]
Her Majesty, by and with the advice and consent of
the Senate and House of Commons of Canada,
enacts as follows:
Alternative Title
Alternative title
1 This Act may be cited as the Preserving Provincial
Representation in the House of Commons Act.
30-31 Vict., c. 3 (U.K.); 1982, c. 11 (U.K.)
Constitution Act, 1867
2011, c. 26, s. 2
2 Rule 2 of subsection 51(1) of the Constitution
Act, 1867 is replaced by the following:
2.
If the number of members assigned to a
province by the application of rule 1 and sec-
tion 51A is less than the total number assigned
to that province during the 43rd Parliament,
there shall be added to the number of members
so assigned the number of members that will
result in the province having the same number
of members as were assigned during that Par-
liament.
Interpretation
Deemed reference
3 A reference to the Constitution Acts, 1867 to
1982 is deemed to include a reference to section 2.
2021-2022
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Transitional Provisions
Definitions
4 (1) The following definitions apply in this sec-
tion and section 5.
Act means the Electoral Boundaries Readjust-
ment Act. (Loi)
old calculation means the calculation of the num-
ber of members of the House of Commons to be
assigned to each province done by the Chief Elec-
toral Officer under subsection 14(1) of the Act,
the statement of the results of which was pub-
lished in the Canada Gazette on October 16, 2021.
(calcul antérieur)
Words and expressions
(2) Unless the context otherwise requires, words
and expressions used in this section and section 5
have the same meaning as in the Act.
New calculation
5 (1) As soon as feasible after the day on which
this section comes into force, the Chief Electoral
Officer must calculate the number of members of
the House of Commons to be assigned to each
province under subsection 14(1) of the Act, sub-
ject and according to the provisions of section 51
of the Constitution Act, 1867 and the rules set out
in that section as they are amended by section 2,
and on completing that calculation must cause a
statement to be published in the Canada Gazette
setting out the results.
Province with different number of members resulting
from new calculation
(2) If the calculation referred to in subsection (1)
results in a different number of members of the
House of Commons for a province than was ob-
tained under the old calculation,
(a) any report referred to in subsection 14(2) of
the Act that is prepared in respect of the
province on the basis of the old calculation,
and anything done under sections 19 to 23 of
the Act on the basis of the report, are nullities;
(b) the
commission
established
for
the
province under section 3 of the Act in respect
of the most recent decennial census must pre-
pare a report under subsection 14(2) of the Act
in respect of the province on the basis of the
calculation referred to in subsection (1); and
2021-2022
Chapter 6: Preserving Provincial Representation in the House of Commons Act
Transitional Provisions
Sections 4-5
Page 5
(c) the duties and functions set out in sections
19 to 23 of the Act are to be performed in re-
spect of the province following the preparation
of the report under paragraph (b), and the 10-
month period referred to in subsection 20(1) of
the Act is, in respect of the province, deemed
to begin on the day on which the statement re-
ferred to in subsection (1) is published in the
Canada Gazette.
No representation order before coming into force
(3) If, before the day on which this section comes
into force, no representation order was prepared
and transmitted under subsection 24(1) of the Act
on the basis of the old calculation, the Chief Elec-
toral Officer must — without waiting for the re-
port prepared under subsection 20(1) of the Act
for a province referred to in subsection (2) — pre-
pare and transmit a representation order under
subsection 24(1) of the Act that applies in respect
of all provinces other than that province.
Representation order before coming into force
(4) If, before the day on which this section comes
into force, a representation order was prepared
and transmitted under subsection 24(1) of the Act
on the basis of the old calculation, that represen-
tation order and any proclamation made under
subsection 25(1) of the Act that declares it to be in
force are nullities only in respect of a province
referred to in subsection (2).
Representation order and proclamation — province
referred to in subsection (2)
(5) If subsection (3) or (4) applies, a representa-
tion order is to be prepared under subsection
24(1) of the Act, and a proclamation is to be made
under subsection 25(1) of the Act, in respect of a
province referred to in subsection (2) and on the
basis of the calculation referred to in subsec-
tion (1).
Previous representation order applies
(6) For greater certainty, the representation or-
der annexed to the Proclamation Declaring the
Representation Order to be in Force Effective on
the First Dissolution of Parliament that Occurs
after May 1, 2014, registered as SI/2013-102,
2021-2022
Chapter 6: Preserving Provincial Representation in the House of Commons Act
Transitional Provisions
Section
5
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continues to apply in respect of a province re-
ferred to in subsection (2) until the representa-
tion order referred to in subsection (5) becomes
effective under subsection 25(1) or (2) of the Act.
Administrative consolidation
(7) When the representation order and procla-
mation referred to in subsection (5) are pub-
lished in the Canada Gazette under section 26 of
the Act, the Chief Electoral Officer must publish
on their website an administrative consolidation
consisting of that representation order and the
portion of the representation order referred to in
subsection (3) or (4), as the case may be, that ap-
plies in respect of all provinces other than a
province referred to in subsection (2). The con-
solidation must set out, in respect of each
province, the day on which the applicable repre-
sentation order came into force.
Published under authority of the Speaker of the House of Commons
2021-2022
Chapter 6: Preserving Provincial Representation in the House of Commons Act
Transitional Provisions
Section
5
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Available on the House of Commons website
Disponible sur le site Web de la Chambre des com